How to Prepare for Your Date in Court

Dear [NAME],

Thank you for your message. We are happy to help as best we can.

Here are some things to keep in mind when preparing for your date in Small Claims Court:

Organization is the most important part of making your case. The story being told should be clear, logical, and easy to follow. Making an outline of the story and the points you want to make could be very helpful from this perspective, especially as the outline could serve as notes while you present on trial-day. You should prepare all the specifics (dates, times, amounts) of the case and collect any relevant materials/evidence. The following is a suggest order for the plaintiff’s presentation:

1.     A brief introductory statement of the case (e.g. “The defendant ran a stop sign, hit my car, and now the repairs cost $500”).

2.     A more detailed telling of what happened, in chronological order.

3.     The steps you have taken to resolve the matter

4.     Briefly, share any relevant law to the claim.

5.     Your desired judgement.

Presenting evidence is an important part of making a claim persuasive. Any assertions backed up by evidence carry much more weight. However, evidence is only effective if it is presented properly. Incorporating evidence when relevant is critical, and again, and outline may help organize all of this. Typical examples of evidence include: You should bring three copies of any evidence to be submitted to the clerk-magistrate, one for you, one for the opposing party, and one for the clerk-magistrate.
 * Receipts, contracts, warranty policies, leases, photographs, correspondence/text messages, damaged items, inspections forms, written estimates

Electronic devices, such as cameras, are often not allowed in the court-room, so evidence from these devices should be printed out.

If relevant to your claim, you may also call witnesses to help bolster your case. Witnesses should be chosen carefully such that there is no chance that they could hurt your case.

In terms of court-room etiquette, all parties should dress respectfully, statements should only be directed to the clerk-magistrate (never directly to the opposing party), and both sides should never interrupt the clerk-magistrate or the other side.

If English-speaking is difficult for you, definitely request an interpreter. The court is required to provide one for those not fluent in English.

The order of a small claims trial hearing is as follows:

1.     Both parties will cross the bar dividing the public area and the trial area

2.     The clerk-magistrate will ask one party to present their side of the case. The plaintiff usually speaks first. The burden of proof is on the plaintiff to convince the clerk-magistrate that the defendant has cause damages to the plaintiff. The plaintiff should present their case, evidence, and any witnesses at this time.

3.     The opposing party will present their side of the case. The defendant’s job is explain why they are not liable and why the plaintiff’s claim is not legitimate.

4.     The clerk-magistrate may then ask the plaintiff if they have anything to add having heard the defendant’s side.

5.     Each party may be asked questions by the clerk-magistrate.

6.     After all presentations/clarifications have concluded, the clerk-magistrate will make their decision. The may decide right there (which is rare) or they may reserve decision, which means they will decide later and will mail their decision to both sides within 10 days.

7.     The trial is over. Both parties leave.