PREPARING FOR TRIAL

Before the trial you should prepare your case thoroughly. The judge can decide the case based only on the evidence presented by you and the other party.  Therefore, you should come prepared to supply as much information as possible.

It is important to have written estimates of costs relating to your claim. Defendants, as well as plaintiffs, may want to be prepared with estimates if the amount of damages is in dispute.  An estimate submitted by an "expert" can be used as persuasive evidence if it is submitted on a form entitled "Property Damage Affidavit", which is available from the clerk.

As part of your preparation for trial, you may want to summarize your side of the case briefly in writing, to be referred to during the trial.  Many people find it very helpful to attend Small Claims Court before the date of the trial in order to observe the proceedings.  Unlike other courts, Small Claims Court does not give either party the right to use a process called discovery before the trial to obtain information from the other party about his or her case. Be sure to:

• Collect all documents relating to the case, including written contracts, correspondence, estimates for repair or replacement, warranties, canceled checks, photographs, and any other similar materials that you may want to show the judge and enter into evidence.
• Arrange your material either chronologically or in the manner in which you plan to discuss your case.
• Plan to bring the item in dispute with you to court, if possible.
• Discuss the case with potential witnesses who have personal knowledge of any aspect of the case and who may be able to provide evidence in your favor at the trial.  The evidence may be a written, signed statement, or, even better, the witness's personal testimony at the trial.  Personal testimony lends more weight to your case than a written statement.

If there is someone you believe can provide essential information and that person is unwilling to appear in court or to give a written statement, you should ask the clerk to issue a subpoena for him or her.  You must do this ten (10) days before the trial date.

If the person is considered an "expert witness" (i.e., an auto mechanic in a damaged automobile case), you may have to pay him for spending time in court.

NEW TRIAL AND APPEAL

You have ten (10) days after the Court makes its decision to request a new trial.  Such requests are rarely granted.

You have 30 days to file an appeal to the Circuit Court, where a completely new trial will be held.  You will not be required to furnish a transcript.  You may request the Court to provide you a cassette recording of your trial.  There is a fee involved.

Last date of legal review 5/1/08 (PLL/M.A.J.)

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