After both sides have answered the calendar and the case has been deemed ready for trial, the parties will be sent to the judge or arbitrator for the trial. The claimant’s case is presented first. The claimant has the burden of proving the claim and any damages. Other witnesses can be presented in support of the claimant. All papers or other evidence should be shown at this time. After claimant finish his/her testimony, the judge or arbitrator or the defendant may ask claimant or other witnesses some questions to clarify matters.
When presenting your case in small claims court, the most important point to remember is to be brief and clear. Judges reward organization and clear thoughts. Here are some suggestions:
* Be able to explain what you wrote in your complaint.
* Be clear on the damages that you're seeking, and why the defendant owes you that amount.
* Organize your documents (receipts, cancelled checks, record of telephone calls, etc.) so you won't fumble when retrieving them to back up a point.
* Line up witnesses with direct knowledge of the facts or "expert" witnesses (a mechanic, for example), and have a pretty good idea what they'll say.
- Courtroom basics:
* Speak clearly and loudly enough to be heard;
* Maintain eye contact with the Judge; and use exhibits wisely.
* Be polite and courteous to the witnesses and others in the courtroom.
* Obey the court's instructions.
* Be brief and to the point.
* State your position in a respectful tone.
* You cannot make statements to the witnesses. Ask them questions.
* You cannot argue with the witnesses about their testimony.
* If you think the person you are suing or his witnesses are not telling the truth, you should ask questions which would expose this fact to the judge.
The more evidence you have that can be presented in an organized manner, the better. For instance, bring any letters you sent to the other side, including checks, contracts, records of telephone calls, dates of when you tried to settle, and anything else which can show the judge you have made efforts to collect. You can also bring photos, diagrams, police reports, estimates from third parties, and witnesses to court. Basically, anything that can help your case. Be sure to make copies for the opposing side.
After claimant’s testimony, the defendant will then be sworn and tell his/her story and present evidence.
The defendant also may present other witnesses. The claimant or the judge or arbitrator may ask questions of the defendant and the witnesses called by the defendant.
After the judge has heard the facts from both sides, including the witnesses, and everyone has asked all the questions he wants to ask, the judge will then decide who wins the case and the amount, if any, the winner should receive. He will probably tell you when you can expect a decision.
Related Definitions:
Judgment – a decision in your favor.
Immigration Law
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