How to File a Dispute With an Application for Judgment
- 1). Resolve all case disputes before filing an application for judgment.File an application of judgment after the court has heard the case, resolved all matters and issued a judgment in your favor. A request for default judgment can be filed if the defendant has been properly served and fails to appear in court. Return to court if not all matters in the case have been resolved.
- 2). File an ex parte application with the court for an expedited hearing. An ex parte application informs the court that you wish to see the judge as soon as possible to resolve a pending matter. A court hearing may be set for the same or next day depending on sufficient notification to the opposing party.
- 3). Notify all opposing parties of the ex parte hearing in advance. The notification requirements will vary dependent on the jurisdiction. Notification requirements for ex parte proceedings are less stringent than regular service of process. Notification of 24 hours to 48 hours may be sufficient.
- 4). Document the date, time and method of notification to the other party on the required court form or additional statement. Many courts accept notification by telephone, email, fax or voice mail, in addition to in person delivery. Personal service is generally not required.
- 5). Go to the clerk's office a least a day in advance or as soon as the court opens on the desired hearing date. Present the ex parte application and proof of notification documents to the scheduling clerk at the civil division window. She may schedule your ex parte hearing for the same day, next day or following week. Court scheduling rules vary by jurisdiction.
- 6). Prepare your application for judgment in advance of the ex parte hearing. Fill out the form completely including the amount of judgment, the filing fees and any attorney's fees. Do not add any amount that the judge has not approved. If the judge or court erred in the amount of award, bring supporting documentation and present the issue to the court. Amend the application for judgment accordingly.
- 7). Go to the assigned court room to see the presiding judge for the morning or afternoon session. Take your completed application for judgment to court in case you need the judge's signature. Turn it in to the court after the dispute is resolved.