| 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.
 
 |