3 Stages of Litigation

In this article, we cover the three stages of successfully suing someone in civil court (small claims court included!):

• Stage 1 – Prepare for Court: You gather all your documents, prepare copies, and write up your case as you intend to present it verbally in court.

• Stage 2 – Attend Court: You appear in the courtroom with the defendant in the room and present your case to the judge.

• Stage 3 – Collect on Judgment: If you win your case, you will collect what you owe from the defendant.

At this stage, you prepare mentally and physically for the actual hearing.

• Prepare yourself to speak by outlining the points you intend to raise. Some people like to write out the entire speech in full. Some people make index cards with key points on each card.

• It’s best to refrain from reading or memorizing a long script because you will likely only have two to three minutes to speak uninterrupted. The point of writing down what you plan to say is to gather your thoughts, check that you are presenting a logical set of facts, and ensure you are not talking about anything irrelevant. (For more help, click here to learn how to speak to a judge and present your case.)

• Gather your materials and make at least one complete copy of any relevant documents, receipts, text message printouts, and witness statements. Collect everything. If possible, make two copies so that you can provide a copy to the judge and the defendant in court.

• Prepare your papers ahead of your actual court date. Create a list of the materials that form the evidence. Make sure to number the pages in the written version of your materials. Then, on the list of exhibits, number each exhibit and include the pages the judge can find them on. You should give all your copies in order by exhibit and page number to the judge at the beginning of the hearing.

• Prepare your witnesses if you have any. Ensure they are still willing to appear at the courthouse when the court schedules your hearing. If you can offer one, ask if they need a ride to the courthouse.

JusticeDirect will walk you through each step of the process!

Learn more in our guide to small claims court.

Bring all your materials as described above to the courthouse.

Small claims hearings are less formal and simpler than other trials. But there are some facts to keep in mind:

• You must represent yourself in California small claims court. No lawyers are allowed, so you must know exactly what to discuss when it is your turn to present your argument.

• In small claims court, there are two parties: the plaintiff (the party suing) and the defendant (the party being sued).

JusticeDirect will prepare a trial presentation you can use on the day of the hearing!

Read More: What to Expect the Day of Your Small Claims Court Hearing

Congratulations! You won your case. The judge accepted your version of the events and issued a judgment in your favor. A judgment is the result of the case and includes orders for the other party (for example, to repay you what the other party owes you or to change their actions).

What happens now?

• If the judge awards you the money, it’s time to collect.

• If the judge says the defendant has to do something now or stop doing something, you can enforce the judgment.

Learn more about what happens after winning in small claims court.