Explore how we can help with small claims court.
Learn MoreContents
Preparing for your day in court can be a daunting experience, but being well-informed and organized can make a world of difference. On the day of your hearing, you will have already packed a bag with everything you need, prepared an appropriate outfit, and researched where your courtroom is. In this article, we’ll go over what to expect the day of your small claims court hearing. From parking and finding your courtroom to presenting your case and dealing with rulings, we’ve got you covered.
What to Expect When You Arrive
Parking and Arrival
Ensure you have enough time to get to the courthouse and find parking. Prepare to pay for parking. Sometimes courthouses offer free parking, but not always.
When you enter the courthouse, you will need to go through security screening. Be prepared to wait in line. Leave home anything that would not make it through security.
Finding Your Courtroom
Next, find your courtroom. If you don’t know where to go, ask a security guard or someone at the information desk. When you arrive at the courtroom, you may find the doors locked if the courtroom is not yet open for the day. While waiting, you can do a final review of your case and evidence.
What to Expect During Your Trial Hearing
Checking-In
When you walk into the courtroom, you will need to check in so that the judge knows you are there. Often, the clerk or bailiff conducts check-ins via a roll call. You will have to listen for your name to be called, and then respond appropriately. If you have any questions at all, feel free to ask any court officer to make sure you follow proper protocols.
When your Trial Begins
If the defendant is present, the court may ask you to mediate and resolve the case before hearing your case. Mediation is an informal process where a trained mediator tries to help you and the defendant reach a compromise. Mediation will likely happen in a different room. If mediation fails, the mediator will inform the judge that you are ready for trial, and you will wait for the judge to call your case.
Presenting Your Case
If the defendant does not show up, you will likely still have to present your side of the case. The court is very formal, so be sure to act accordingly. Always address the judge as “Your Honor.”
Because you are the plaintiff, the judge will usually ask you to speak first, or the judge will first direct questions to you. While presenting your case, do not interact with the defendant. Everything you say should be directed to the judge.
After giving your opening statement, offer the judge and the defendant a copy of your evidence.
Answering Questions
Be prepared for the judge to interrupt you with questions. If this happens, do not interrupt the judge. Immediately answer the judge’s questions honestly. If you don’t know an answer, you can simply tell the judge that you don’t know. One way to anticipate questions the judge may ask you is to pay close attention to the questions the judge asks the defendant. Don’t worry if you do not get the opportunity to say everything you have planned. Answering the judge’s questions truthfully is the most important thing you can do.
When the Hearing Ends
The judge may rule on the case at the end of your hearing, but you will most likely get the results in the mail either days or even a few weeks later. Even if the judge does rule in your favor at the end of your hearing, you will not receive payment from the defendant on the court day.
What to Expect After Your Hearing
If the judge does not rule on your case in court, you will receive a notification in the mail from the court when they make a decision. The court’s official decision is called the judgment.
Ruling Against You
The court will dismiss the case if the judge rules that the defendant does not owe you any money.
You will not be able to appeal this case as the plaintiff.
Ruling In Your Favor
If the judge rules that the defendant owes you money (either the full amount that you asked for or a smaller amount), the judge will enter a judgment against the defendant.
You will collect the money directly from the defendant. The court does not collect the money for you.
The defendant will have a certain number of days to either pay or to file a form requesting to pay you over time.
If the defendant disagrees with the court’s judgment against them, they may appeal the case. The judgment you receive in the mail will include the defendant’s deadline to appeal.
Make sure you hold onto all your evidence and information because you may need it again if the defendant appeals the case.
Read More: What Happens After a Court Hearing.
Note that there are procedural differences for every state and county, and what’s listed here may differ from your local procedures. If you are unsure, contact your court to find out the exact procedures of that court.
Carolina Barbalace
Customer Success Manager at JusticeDirect. Carolina has a passion for breaking down complicated legal processes.