What are the basic
types of Circuit Court cases?
There are five basic types of court
cases heard in the Circuit Courts of the
23rd Judicial Circuit:
1. Civil: A civil case is a
disagreement between two or more
people or businesses. Examples of
civil disputes include property
disputes, contract disputes,
foreclosures, repossessions and
personal injury.
2. Criminal: A criminal case
involves an adult person accused of
committing a crime. Minor criminal
offenses are called misdemeanors.
More serious criminal offenses are
called felonies.
3. Juvenile: A juvenile case
involves a person under the age of
eighteen. A special set of laws
apply to juveniles. Examples of
juvenile cases include delinquency
and truancy, as well as abuse and
neglect matters.
4. Domestic relations: A
domestic relations case involves
family and domestic matters and
issues. Examples of domestic
relations cases include divorce,
child custody, child support, and
paternity and protection orders.
5. Probate:
A probate case
normally involves the estate of a
deceased person. Probate cases will
also include guardianships and
adoptions.
What does this
mean?
1. Plaintiff: A plaintiff is
the person or business that starts a
lawsuit. The plaintiff is usually
responsible for paying filing fees
and other costs associated with
starting a lawsuit.
2. Defendant: A defendant is
the person or business being sued.
3. Summons: A summons is a
document issued by the clerk of the
court. It is usually issued at the
start of a lawsuit and served upon
the person being sued. The summons
informs the person being sued of the
right and procedure for offering a
defense.
4. Complaint: A legal document
filed by a plaintiff that starts a
lawsuit.
5. Answer: A legal document
filed by a defendant in response to
the plaintiff’s complaint.
6. Subpoena: A document
directing a person to appear and
testify. A Subpoena duces tecum is
a document directing a person to
appear and testify with certain
records.
7. Discovery: The process of
obtaining information in preparation
for a trial.
8. Witness: A person who
testifies in a courtroom. A witness
may testify only based upon personal
knowledge. What a witness may or
may not say is governed by law and
rules.
9. Evidence: Testimony and
documents received by the court at a
trial.
10. Hearing/Trial: Time in the
courtroom where evidence is
received.
11. Appeal: A person’s right to
disagree with the decision of a
Circuit Judge and to have the matter
legally reviewed by another court.
12. Attorney: A person licensed by
the state to practice law and
represent others in legal
proceedings.
13. Court Reporter: An employee of
the court who is certified to
transcribe court proceedings
14. Bailiff: An employee of the
court who provides security to court
proceedings
15. Trial Court Administrative
Assistant: An employee of the court
who schedules hearings and assists
the court with administrative
duties.
16. Clerk and Assistant Clerks:
The Clerk of the Court is an elected
official who keeps all the records
of the court. Assistant clerks work
for the elected clerk. The clerk
and assistant clerks are not
employees of the Circuit Judge.
17. Circuit Judge: The Circuit
Judge is the person elected or
appointed to decide all legal
matters assigned to them. The
Circuit Judge is an attorney but is
prohibited from providing legal
advice.
18. Administrative Plan: The
method by which the Circuit Judges
decide the assignment of cases
between the courts.
19. Administrative Judge: The
Circuit Judge elected by the other
judges to monitor the compliance of
the administrative plan.
20. Pretrial:
Many cases require a pretrial
conference, which is a meeting of
the judge and lawyers to discuss
which matters should be presented to
the jury, to review evidence and
witnesses, to set a timetable, and
to discuss the settlement of the
case. After the initial complaint is
filed, a date and time to appear for
the pretrial conference is decided
by the Court or an attorney may call
the Court and request a pretrial
conference. There may be more than
one such conference prior to the
trial date.
"Pro Se" is Latin for "For
Self" or in one's own behalf. You
appear "Pro Se" in a legal
action when you represent yourself
directly in a legal action (in or
out of court) and do not have an
attorney speaking or writing for
you.
Can I speak to the
Judge?
Circuit Judges are bound by rules of
ethics. Judges are sworn to be fair,
impartial and to treat all persons
equally. As a result, they may not
engage in ex parte or one-sided
communication. You can not call and
speak with the Judge. You can not make
an appointment with the Judge.
Can someone in
the Judge’s office give me advice?
Most employees of the court are not
attorneys and are not authorized to
practice law.
Because it is the duty of the court to
be fair and impartial, employees of the
court may not provide you with legal
advice.
Can someone in
the Clerk’s office give me advice?
It is the duty of the Clerk’s office to
keep and maintain court records. Most
employees of the Clerk are not attorneys
and are not authorized to practice law.
The Clerk’s office is prohibited from
offering legal advice.
Can I be my own
lawyer?
You may represent yourself as an
individual. A corporation must be
represented by a licensed attorney.
Representing yourself, does not make you
a lawyer or an attorney, unless you have
a license to practice law. You must
follow the same rules of law, evidence
and procedure as any licensed attorney
in representing yourself. The law can
be very technical and precise. Not
knowing what to do or how to do it can
result in a dismissal of your case or a
decision against you. The court may not
assist you in your self-representation.
If you are not familiar with the rules
of law, evidence or procedure, then you
should strongly consider hiring an
attorney.
Will the court
appoint me an attorney?
In criminal and juvenile cases where the
accused could be punished to spend time
in jail, prison or detention, the court
will appoint an attorney for a defendant
or juvenile who is unable to afford
one. The decision to appoint an
attorney is made by the court based upon
the income and assets of the accused.
The costs of the appointment are paid
for by the state.
In cases where the state has removed
children from the home of a parent due
to allegations of abuse and neglect, the
court will appoint an attorney for the
parent from whom the children were
removed if that parent is unable to
afford one. The decision to appoint an
attorney is made by the court based upon
the parent’s income and assets. The
costs of the appointment are paid for by
the state.
In cases where the state is seeking to
involuntarily commit a person to
treatment due to mental illness or
addiction, the court will appoint an
attorney to represent the individual.
The costs of the appointment are paid
for by the state.
In matters relating to the best interest
of children, the court may appoint an
Attorney ad Litem to represent the best
interest of the child. The costs of the
appointment are at the discretion of the
court.
In all other matters, a person may hire
an attorney, but the court is under no
obligation to appoint an attorney.
Where can I go
to pay my fine?
If you have been received a citation or
a traffic ticket, you should contact the
clerk of the district court for
information concerning your ticket and
court appearances. The information
concerning what court to contact should
be located on the back of the ticket or
citation.
If you have received a fine from the
Circuit Court and have been placed upon
probation, you should contact your
probation office for information
concerning the payment of your fine.
How do I get my
driver’s license back?
If your license has been suspended or
revoked, you should contact the
Department of Finance and
Administration. Matters relating to
drivers licenses are handled
administratively by D.F.A. and not by
the Circuit Courts.
How do I know
which court I am in?
The judges agree how the cases will be
assigned through an Administrative Plan
which is submitted and approved by the
Arkansas Supreme Court. The
Administrative Plan controls which court
will hear which case. When a case is
filed with the Circuit Clerk’s office,
the case is assigned to a judge pursuant
to the Administrative Plan.
How do I get a
date to come to court?
If you are represented by an attorney,
you should contact your counsel about
obtaining a date to come to court. Your
attorney will then notify you of court
appearances. If you do not have an
attorney or are representing yourself,
you may contact the office of the judge
and speak to the judge’s Trial Court
Administrative Assistant about a court
date. The Trial Court Administrative
Assistant sets the hearings for the
judge and can assist you with this. The
Trial Court Administrative Assistant
cannot give you legal advice or tell you
what to do or expect when you come to
court.
Where is the
court located?
The Circuit Courts of Lonoke County are
located in the city of Lonoke. The
Lonoke County Courthouse is located at
301 N. Center Street, Lonoke, Arkansas.
There are two courtrooms in the
Courthouse. A courtroom is located on
the 1st floor and another is located on
the 3rd floor. Another courtroom is
located at the 2nd Street Court
Building, 119 E. 2nd Street, Lonoke,
Arkansas. The 2nd Street Court Building
is across the street from the
Courthouse. Your notice to appear in
court should direct you to report to a
specific courtroom. A marque will be
posted in the Courthouse providing
information on a daily basis what cases
will be heard in each courtroom.
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