Sometimes it is necessary for the court to make decisions about your case before the trial hearing. If you want the court to consider an issue and make a decision, file a motion.
A “motion” is a request you make to ask the court to consider an issue and make a decision about it. There are many types of motions.
To learn how to file most motions in small claims court,click here.
There are 3 types of motions which are so common that they have their own forms. To learn how to file these motions, click on the name of the motion below:
A motion to postpone the hearing Some reasons to ask to postpone the case include:
You were not able to serve the defendant on time.
You have a claim (counterclaim) against the plaintiff and were not able to serve the plaintiff on time.
A key witness cannot appear on the date set for the hearing
A motion to amend your claim Some reasons to change your claim include:
You learned the correct name of the plaintiff or defendant after you filed your claim;
You want to change what you asked for in your claim;
You decided you don’t want to sue one of the parties anymore, or want to sue another party.
The amount of the claim is more than you originally asked for.
A motion to dismiss the case Some reasons to dismiss (end) the case right away include:
You named the wrong defendant;
The case is in the wrong court (defendant usually files);
The defendant has already paid you (can only be filed before the hearing by the plaintiff);
The case was brought too late (defendant usually files).
NOTE: A copy of all motions must be served on the other side.
The court may or may not hold a hearing on your request. In any case, it will inform you in writing what it has decided.
To learn how to file a motion for which there is no special form (a “general motion”) in small claims court, click here.
To learn how to object to a motion in small claims court, click here.
