How do you write a Brief for Small Claims Court?

Question

I was not able to reach a pre-trial settlement and now the medeator recommended that I write a 'Brief' for the Judge when we go to trial. And do I need to attach it to the application of trial or at the actuall trial?

Answer 1

Begin with the caption, you will find it on your court documents. It begins with the name of the court, Plaintiff v. Defendant, and will include docketing information. The next section should be set apart from following sections. *Facts* with the word underlined, and you will write a brief description of what happened. The next section will be *Legal Issues*, with that heading also underlined. The issue may be whether there was an actual contract, or whatever your particular issue.

The next section will be *Discussion*, also with heading underlined. If you have done any legal research, this is where you put your argument, and include any precedents you have found from your research at the law library.

The final section should be *Request for Action* -- how do you want the court to rule.

I do not know what state, province, or county where your court is, and I am probably not competent to give advice as to whether or not you need to attach it to the application for trial. I know that in my county, you can file it in the Office of the Prothonotary, [clerk of the civil court] and it will eventually be given to the judge who hears the case. In any case, make sufficient copies so that you will have at least a copy at the time of the hearing, and be prepared to submit a copy to the other party or to their attorney.

Answer 2

Start with what happened, told without emotion.
Then state clearly and precisely why you should receive damages.
Most of all, keep it brief-1 or 2 pages.

Answer 3

To recoup losses that resulted from an attack on MM/DD/YYYY . they don't want or want from now on element than that-you may desire to tell something of the story and tutor it to the decide. That little fact is in order that they have an concept of ways long your case might take so they might positioned you on the docket.