1. NON-APPEARANCE: This is an Order of the Court to Appear for Mediation in an action filed in the Sparks Township Small Claims Court. If a defendant fails to appear for Mediation, Default Judgment may be entered against you in the amount plaintiff claimed, plus costs. If a plaintiff fails to appear for Mediation, this case will be dismissed.
2. SETTLEMENT: The parties may communicate prior to the Mediation to make an out-of-court settlement. Contact the Sparks Justice Court’s Civil Department for information and available forms.
3. DEFENSES: If defendant wants to contest plaintiff’s claim, defendant must appear at the Sparks Justice Court for Mediation with all exhibits needed to establish a defense.
4. EXHIBITS: The parties must bring to the Mediation, an original and two copies of all exhibits (documents, photographs, papers, etc that you intend to ask the Court to review. Exhibits should be arranged chronologically and individually numbered if possible. You will provide one copy to the opposing party, one copy to the Court for filing, and you will keep one copy for yourself.
5. COUNTERCLAIMS: If defendant believes (A) the plaintiff owes you money, or (B) plaintiff’s claim should be reduced that plaintiff owes you, you may want to file a counterclaim. Counterclaims should be filed and served at least 7 calendar days prior to the mediation date. Forms can be found on the Sparks Justice Court Website.
6. UNSUCCESSFUL MEDIATION: If the Mediation is not successful, the Court will schedule this case for a future hearing date in front of a judge. The parties will file their exhibits with the Court at that time.
7. EXEMPTIONS: If a defendant is seeking exemption from Mediation, a written motion must be filed within 10 calendar days after being served with this Declaration and Order. The motion must be served to the plaintiff and a completed certificate of service must also be filed with the Court.
8. COURT INFORMATION: Please contact the Sparks Justice Court’s Civil Department at 775-353-7600, Ext. 3, with any questions.