Legal Question in Civil Litigation in North Dakota

small claims moved to district court?

i left my truck in the hands of a repair shop and it was stolen from their lot. the police found it smashed into another vehicle and the keys were in the ignition. the shop's insurance wont cover my truck and the shop wont pay to have it fixed. i was bringing them to small claims court but now i got mail that they are getting the case moved to distric court. if i get a layer to represent me can i get the defendant to pay for my legal fees. and if i represent myself just what do i need to do. the letter to go to court asks me if issue are joined? if all discovery has been completed? and if all pretrial motions have been disposed of? it also asks if i want judge or jury and the estimated length of the trial. what do i do so the case doesnt get tossed out because i didnt do something right


Asked on 4/19/07, 11:47 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: small claims moved to district court?

If you;re in District Court ( REAL court) you should obtain counsel locally unless the outcome is of no matter to you.

If nothing else they can tell you how to prepare, what documents to bring in etc. WHY ISN"T YOUR INSURANCE CO INVOLVED???

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Answered on 4/20/07, 6:23 am
Ross Brandborg Brudvik Law Office

Re: small claims moved to district court?

In theory:

If you won in district court, the other side may be reqired to pay for your attorney's fees. However you would have to win and the court would have to order attorney's fees, both big questions.

I recomend getting a lawyer involved as soon as you can.

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Answered on 4/20/07, 10:55 am


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