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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. If you are unsure if the venue is in Effingham County, you may call our office at 912-754-2124, selecting option 4, to confirm if the venue lies within our county or another county.
It is not necessary to have an attorney to file a suit or defend a suit in this court. As perhaps one of the most important functions of the Magistrate Court is to provide a readily available legal forum to solve disputes. You may represent yourself in court as a pro se litigant (representing yourself) when either filing or responding to an action with the court.
This is not to say that attorney's 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 pro se litigants as well as to attorneys. The procedural rules of law are not as 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.
The assistance of counsel is your right. However, we cannot advise you as to whether or not you will need an attorney in your case. Additionally, if you seek a court appointed attorney, you will need to contact the Public Defender's Office at 912-764-6292. You may visit their website for more information.
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.
The plaintiff carries the burden of proof and will 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.
No, except as authorized by law or by rule, judges shall not initiate, permit or consider ex parte communications by interested parties or their attorneys concerning a pending or impending proceeding.
Yes! Please call 912-754-2124 to schedule an appointment.
*Please note, you MUST first obtain your Marriage License (issued in Probate Court) before getting married.