How does a small claims court case work?

Question

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.

Answer 1

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

Answer 2

Small claims is a lay persons court which has very relaxed rules both as to procedure and evidence. Typically a small claim hearing doesnt last longer than 10 minutes at the outside. Just enough time to present a very basic summary of your cause of
action, and for the defense to present their rebuttal, if any. Witnesses are not sworn, and there is no cross examination.
Plaintiff will usually go first, and when the case is completed, then the defense goes. At the end of the hearing, the judge will rule for one party or the other, and 30 days later if the plaintiff wins he can collect on his judgment, and the defendant has that same 30 day period in which to file an appeal to the Superior Court.

Answer 3

Generally, a complaint is filed and served, followed by a prehearing/trial date. Sometimes, the court may allow the parties to mediate the disputed issues. If the parties cannot resolve their differences, a trial may be conducted, and each side allowed to present their evidence in the form of witnesses sworn by a court official or through tangible documents or items identified and introduced. There are usually certain rules of procedure which may be adhered to, depending on the jurisdiction. The court may finally make a ruling based on the evidence and arguments presented.