FAQs

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Magistrate Court

1. In which county should I file my lawsuit?: You must file a lawsuit in the correct venue. Depending on the case, venue typically lies in the county where the defendant lives, where a substantial part of the business was transacted, where the real property is located, injury occurred or place of employment.

2. Do I need a lawyer?: Perhaps one of the most important functions of the Magistrate Court is to provide a readily available legal forum to solve disputes. It is not necessary to have an attorney to file a suit or defend a suit in this court. As a matter of fact, the Court is designed to help non-lawyers with the various steps in handling their own cases.

This is not to say that lawyers are not welcomed and even encouraged, but there are many occasions when the amounts of money in controversy do not warrant engaging an attorney. Always remember that the Magistrate Court Judge is obligated, by law, to conduct the Court in a way that is fair to non-lawyers as well as to lawyers. The procedural rules of law are not a strictly enforced in the Magistrate Court as in other courts. The Magistrate Judge will apply rules of pleading and practice so as to administer substantial justice.

3. What do I need to bring with me to the court hearing?: You should bring witnesses that you feel have direct knowledge of the facts that are related to your case and any documents such as photographs, repair bills, receipts, or contracts that you feel will prove your case.

4. How are cases presented in court?: The plaintiff carries the burden of proof and gets to present their evidence and witnesses first. After a witness testifies, the other party in the case can cross examine that witness. Once the plaintiff has presented all their evidence and witnesses, the defendant will have an opportunity to do the same.

5. What do I wear to court?: Proper court attire is required for court appearances. It is asked that no shorts, halter tops, or flip flops be worn inside of the courtroom. Cellular phones and pagers must be turned off. Children under the age of 10 are not permitted in the courtroom. No food or drinks allowed.

6. Can I appeal my civil case if I lose in court?: Yes. You must file a Notice of Appeal and tender appeal fees ($205) with the clerk of the Magistrate Court within 30 days of the entry of judgment on the case. Appeals from dispossessory cases have to be filed within 7 days of the entry of judgment and follow a different format. The case will be forwarded to the Superior Court of Effingham County and will be assigned a new case number and will be scheduled for a new trial.

7. What is the difference between a dismissal "with prejudice" and a dismissal "without" prejudice?: A dismissal with prejudice means that the case can never be filed against the other party again. A dismissal without prejudice means that the case can be re-filed.

8. Can I speak to a Judge when I come into your office?: No. Judges are not allowed to carry on ex-parte communications with a potential litigant. In other words, if the judge hears too much information from one party, it may prevent the Judge from being able to hear the case in court.

9. Can a Magistrate Judge perform wedding services?: Yes! Judge Lewis and Judge Sexton of the Magistrate Court are happy to perform wedding services. Please call ahead to 912-754-2124 and schedule.

10. What if I need special assistance?: If you have a disability, speak another language, or require special accommodations in the courtroom, please call 912-754-2124 before your hearing to allow the court time to properly assist you.

11. I won a judgement. Where and when do I get paid?: It is often much easier to win a judgment than it is to collect it. There are several courses of action one may pursue in an attempt to collect a judgment. For information on these options, visit the Post-Judgements page.