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Small Claims


9. Courtroom Procedure in Small Claims Court
On the date of your hearing, you will first check in with the small claims court clerk's office. When your case is called, the bailiff will swear you in. The plaintiff presents their case first. Then the defendant or judge can ask questions about what you've said.

Again, be as concise as possible. You should tell your basic story within a minute or two. The longer your statement takes, the more likelihood the judge will get bored or frustrated.

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When the testimony for both sides has been heard, sometimes the judge won't issue an instant decision. The judge may issue a written decision, which the clerk's office will mail to you. 

  • A decision in your favor is called a judgment. 
  • If the other side doesn't appear in court, despite having notice of the case, the judge can award you a default judgment. This is a judgment awarded to the party present when the other doesn't show.

Courtroom basics: 

  • Direct your remarks to the judge, not the other party. 
  • Speak clearly and loudly enough to be heard. 
  • Maintain eye contact with the Judge. 
  • Use exhibits wisely.
 
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