Trial Procedures
There is no right to a jury trial in small claims court, and the procedures are more informal than in other courts. You must prove your case by a preponderance of the evidence (or that it is more than 50% likely), and the defendant must prove any affirmative defenses or counterclaim in the same way. Generally, the court must decide two parts of each case: (1) liability and (2) damages. Liability is whether the defendant (or plaintiff for a counterclaim) has done something that would legally allow the plaintiff (or defendant for a counterclaim) to get an award of money or some other judgment. The damages part requires the court to determine how much should be awarded or what other action should be ordered.
When you show up to court on your trial date, you will need to check in with the clerk (or secretary) in the courtroom. You must wait for your case to be called and then will move to tables at the front of the courtroom. You, the defendant, and any witnesses will be sworn in and able to make statements to the magistrate. You will have the opportunity to ask the defendant and your witnesses questions. The magistrate may also ask any questions he or she would like. Any documents or other evidence presented to the court will be marked as exhibits (if you do not mark them before the trial). It is up to the magistrate how the Rules of Evidence will be applied, but the Rules are generally relaxed in small claims court. Once all of the evidence has been presented, the magistrate will usually tell you his or her decision. For very complicated cases, the magistrate may take some time to research or look at all of the evidence and will give you the decision at a later date.
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