Small Work
Posted on Saturday, February 6th, 2010 at 12:32 pmHow does a small claims court case work?
How does a small claims court work, step by step? Can someone tell me very specifically? For example, when/how people swear to tell the truth? Also, who presents the opening argument first, who calls witnesses first, etc.
Thank you.
Small claims is way more informal than that. First of all, there is a list of names that are scheduled that day, and they are called alphabetically based on the last name of the plaintiff.
Usually, prior to any actual "court" discussion, plaintiff and defendant are forced into an arbitration conference.
If you dont settle, you go before the judge. Both sides just stand before a podium. Usually, it runs sort of like the people' court, the judge asks a few questions, generally gets annoyed, makes a decision, not usually based on too much. Its a chaotic process for most, and if you dont have a lawyer with you, are not very organized and able to stay on point, it's sort of like throwing dice.
You should go to small claims the day before you are scheduled to go and watch it for half the day. To say the least, its entertaining.
What state are you in? I ask, because there are also state by state and regional differences. Look up your state government website, and they will tell you some things about small claims.
Here are thr procedures in VA:
http://www.courts.state.va.us/pamphlets/small_claims.html
hope this helps
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