Failure to perform an action or obligation that is legally required, such as to appear in court or to respond at a time assigned.
What is a judgment?
A decision made by the court.
What is a pleading?
A general term used to refer to legal documents filed in a case.
What is a summons?
A notification that a lawsuit has been filed against the named recipient stated on the summons.
What is a writ of execution?
An issuance that attempts to enforce the judgment entered by the court by authorizing a sheriff to carry it out.
What is docketing?
Docketing is a process of entering case information about legal proceedings in a docket. A docket includes information about legal documents filed and the parties involved in a case.
Docketing/Filing - 2. Lawsuit Case Files (Circuit Civil)
How long do you keep records?
If there is no activity in the file for five years, then the file is destroyed.
If records are inactive for two years, then they are moved offsite.
What information can be used to search records?
Case Number
Docket Number
Party Name
Defendant name
Reference Document
Cause
What types of lawsuits are filed in Circuit Civil court?
Claims over $50,000; examples of case types include the following:
Auto Negligence
Contract and Debt
Foreign Judgments
Ejectment
Eminent Domain
Real Property/Foreclosures
Where can I find court files and pleadings for my case?
All Circuit Civil lawsuits and pleadings filed are maintained in the File and Docketing area at the Main Courthouse, on third floor in room 3.2300. You also can search for a case docket online.
Docketing/Filing - 3. Legal Actions/Forms
How can I file a pleading today, if I can’t be at the clerk’s office until after 4:00 p.m?
How do I get a Writ of Execution issued? Do I have to request a form?
Upon the filing of appropriate pleadings, the Clerk of the Circuit Court & Comptroller uses their Writ of Execution form. For other Writs (such as a Writ of Possession), the requesting party must provide the writ form. The Clerk of the Circuit Court & Comptroller requires a fee in order to issue a Writ of Garnishment, Attachment, Replevin or Distress.
How do I request a default? Do I have to complete a form?
The Clerk will issue a Default when the proper pleadings are filed. If you want a copy of the Default, or to have copies sent to other parties within the case, you must include a stamped envelope with the address where the copy/copies should be sent.
What happens if I receive a summons and do nothing about it?
If you do not respond to a summons, the court will issue a judgment against you.
Why did I not receive my copy of the original pleading back, after I sent you the original and a copy of the original?
If you did not send a stamped envelope, addressed to where the copy should be sent, and/or if you did not send your copy of the pleading, you will have to pay a copy fee per page in order to have a copy made.
