Removing the Case
Can You Remove Your Case?
Your case may be removed to the district court for a new trial if you or the defendant are dissatisfied with the conciliation court judgment and all parties appeared at the conciliation court hearing. Default cases may not be removed. (This does not leave a defaulting party without recourse. See Vacation of Judgment Proceedings previously.)
Rules of civil procedure apply to cases removed to district court, where proceedings are more formal and more complex. Although it is not required, it is suggested that parties be represented by an attorney in district court. To remove, file and pay fees for the following within 20 days of the date the judgment was mailed:
- Demand for removal;
- Affidavit of good faith; and
- Affidavit of service.
What Happens Upon a Removal?
Filing a removal means a completely new trial will take place. You may file a demand for a jury trial if you want the case to be heard before a jury. Both parties may have attorneys. Again, you should prepare to present your case, have your witnesses ready to testify, and have all of your other evidence available.
If you remove your case and do not win, you will have to pay the other party $50 for costs. You will not have to pay the other party $50 for costs if:
- You win your case in district court and get either 50 percent of what you asked for or more than $500 in money or goods, whichever is less;
- You receive 50 percent more in district court than you got in conciliation court or at least $500 in money or goods, whichever is less;
- The other party wins some amount in conciliation court but nothing in district court; or
- The other party has the amount recovered from you in conciliation court reduced by at least $500 or 50 percent by the district court, whichever is less.