C.O.
You should be able to call your court house and ask them how someone would proceed to the State Supreme Court if the county threw the case out. The Clerk should be able to tell you what's possible and what's not.
If you haven't told your husband. You need to tell him now so that his company can prepare.
I would NOT freak over things I do NOT know for sure. However, to be safe - tell your husband.
I realize this is family. However, you can't let others keep the animosity alive.