Superior Courts Advanced

Question 1

A Praecipe for Publication usually comes with 3 documents stapled together. What are the documents and the codes for them?

Answer 1

PSP - Praecipe for Publication AFF - Affidavit NF - Notice of Suit Hint: a good way to remember these is PAN

Question 2

How do you enter a 53.1 on Odyssey and what do you do with it after that?

Answer 2

You enter the code PSW and put the date and time of filing in the comments box. You then take a copy downstair to the Division Manager’s office and log it into the Praecipe log book.

Question 3

If an Amended Complaint is filed in your court for the first time on a cause and an answer has not been filed, what do you do with it?

Answer 3

If it is the first Amended Complaint and the defendant(s) have not filed an answer, file stamp the document and enter it on the events tab.

Question 4

If you have been given a stack of Motions for Proceedings Supplemental, what is the easiest and quickest way to enter them?

Answer 4

By using the Add Group Events feature on Odyssey.

Question 5

If your judge approves a change of judge and the parties have selected a judge, what do you do next?

Answer 5

Complete the Special Judge form and return it to your judge for signature. Once it is signed you send the form and the file to the court of the selected judge.

Question 6

What can happen if a judge does not take action on a motion in the required time frame?

Answer 6

The party can submit a Praecipe for Submission of Withdrawal 53.1.

Question 7

What do you do when an Amended Complaint has additional Parties on it?

Answer 7

If there are additional defendants, you need to add them to the Parties tab. You will also need a check for $10 per additional defendant. Assess this amount on the Financial tab. Bring the check down stairs to the accounting inbox in 122. If defendants are substituted but the number of defendants remains the same, no additional fees are needed.

Question 8

What does Balance Due tell us and what do you do when a filing is regarding this.

Answer 8

A Balance Due (in whatever form submitted - statement, affidavit, document or letter) is a filing showing what the holder of a judgment or their attorney shows as the amount still outstanding or due. The accounting department sends a request for this information when the Clerk’s Office records reflect that the judgment is almost paid off. Enter the event on Odyssey and forward a copy to the accounting department.

Question 9

What do you do when you have an order for the Clerk to strike a member of a panel?

Answer 9

You bring it to your team leaders office. It is then given to to Division Manager to strike. The Manager will then send it back to the court.

Question 10

What do you do when you receive a Special Judge file?

Answer 10

You give it to the judge of your court. If the judge signs accepting the cause, you use reassign on the dteails tab to change the judge and cause number.

Question 11

What do you do with a file that has an order for a change of venue?

Answer 11

Take the file to Civil Filing. They will make the arrangements to transfer the file.

Question 12

What do you do with a file that is being removed to Federal Court?

Answer 12

Make a complete copy of the file and bring it down to Civil Filing. They will send it to the appropriate court.

Question 13

What do you do with a order for a Special Judge that needs to be randomly selected?

Answer 13

You sign the file into the Division Manager’s office. The Division Manager will then randomly select a judge and send it on to that court.

Question 14

What do you do with an Amended Complaint when the defendant has answered or previous Amended Complaints have been filed?

Answer 14

If it is not the first or an answer has been filed, then it needs the judge’s approval before it can be file stamped and entered.

Question 15

What do you do with an SR33?

Answer 15

You bring it down to Civil Filing. They will complete the form and send it to the BMV.

Question 16

What do you enter for the judgment of a civil forfeiture on the Disposition tab?

Answer 16

Nothing. The order of judgment and the satisfaction of judgment come together making this step unnecessary.

Question 17

What document is filed along with the Order on a civil forfeiture and why is it filed?

Answer 17

The Satisfaction of Judgment. Since the State has already seized the property, the judgment is fully satisfied.

Question 18

What does a Motion to Continue ask for?

Answer 18

It asks for a hearing that is currently set to be vacate and set for a later date.

Question 19

What does in persona mean when referring to a judgment?

Answer 19

It means there is a personal judgment against a party or parties.

Question 20

What does In Rem mean?

Answer 20

The lawsuit and judgment is against a property.

Question 21

What does reduced to judgment mean and what extra step do you have to take after entering the order on Odyssey?

Answer 21

Monies that were owed to one of the parties are now being placed on the public record in the form of a judgment. This often happens where a debt was previously acknowledged and arrangments to pay were established but not adhered to. You need to add the judgment on the disposition tab in Odyssey.

Question 22

What is a Order for Body Attachment?

Answer 22

It is an order telling the sheriff to pick a person up and bring them to the court.

Question 23

What is a Civil Forfeiture and what do you do with the order?

Answer 23

It is when the State confiscates property that may have been used or gotten through the commission of a crime. It goes on to the CCS as an Order Granting Default Judgment event.

Question 24

What is a Garnishee Defendant?

Answer 24

It is a person or entity that controls funds of a judgment defendant. For example it can be a bank, credit union, employer or a trustee.

Question 25

What is a garnishment of wages?

Answer 25

It is a deduction taken for a parties paycheck to satisfy a judgment.

Question 26

What is a memorandum of law?

Answer 26

It is a document submitted that cites case law to establish a parties argument.

Question 27

What is a Motion for Enlargement of Time?

Answer 27

It is a request to extend a date to do something to a future time.

Question 28

What is a Motion in Limine?

Answer 28

It is a request to not allow a jury to hear or see certain information.

Question 29

What is a Praecipe for Service by Publicationand what do you do with it?

Answer 29

It is a request for a public notice be published in a newspaper. You take it to Civil Filing and they make the arrangements with the newspaper. When it comes back to your court with a file stamp on it, you enter it on Odyssey.

Question 30

What is a Praecipe for Sheriff’s Sale and what do you do with it?

Answer 30

It is a request for a property that has been foreclosed on be sold at public auction by the sheriff. This gets taken to Civil Filing and they arrange for the sale. They also enter all events and information on Odyssey.

Question 31

What is a Proceedings Supplemental?

Answer 31

It is the process of attempting to collect on a judgment that has been granted.

Question 32

What is a Satisfaction of Judgment and what extra steps do you need to take after entering the event?

Answer 32

If it was filed by the Plaintiff or holder of judgment: Go to the disposition tab on Odyssey and satisfy the judgment. If it was filed by the party owing the judgment: send it to the judge for approval before satisfying the judgment. Send a copy of the satisfaction to the accounting department so that they have it for their records.

Question 33

What is an Income Withholding Order?

Answer 33

It is an order for a Garnishee Defendant to withhold monies from a person’s paycheck for the payment of child support.