Articles

The procedures for bringing a claim are relatively simple. The person who has a claim (the "plaintiff") fills out a form prepared by the clerk of the court called the "Notice of Claim," and pays a filing fee of thirty dollars ($30.00). On the form the plaintiff must state in simple terms why the other party (the "defendant") owes him or her money or must return his or her property. The court will set the claim for a trial and then attempt to deliver the Notice of Claim with the trial date to the defendant at the address provided by the plaintiff. This is known as "service of process."

If the defendant can be served, a trial will be held at the scheduled time unless one of the litigants requests, in writing, that the trial be rescheduled. If the defendant can not be properly served, then the court will delay the trial until either the plaintiff provides the court with another address where the defendant can be served or takes other steps to serve the defendant with the papers.

Once the case gets to trial, each party will be given the opportunity to explain his or her position. The parties may represent themselves or be represented by counsel. There are special rules restricting whether and how a business can represent itself without an attorney. If you do hire an attorney, do not expect that the other party will be ordered to pay your legal fees. Your attorney can advise you on the circumstances that allow for collection of legal fees.

Before the trial, think about your case. Write down the most important points you want to convey to the judge, focusing on facts and not just on opinions. If you have any contracts, receipts, letters or other documents that relate to the case, organize them and bring them with you to refresh your memory or to show them to the judge.

Dress neatly and cleanly for your trial. Do not wear cut-offs and baseball caps. This does not convey to the judge the serious and respectful attitude you should have. You should appear at the courthouse on time or even a few minutes before your trial. A plaintiff who is late may find that the case has been dismissed. A defendant who is late may find that he or she has lost by default, and a judgment has been entered against him or her.

When the bailiff or judge calls your case, you will approach the bench and promise to tell the truth. Speak respectfully, get directly to your point, and do not interrupt either your opponent or the judge. The judge will guide you through the process, asking questions and giving everyone an opportunity to present evidence.

When the judge has heard all the relevant evidence, he or she will render a judgment. Usually the judgment will be made immediately, and a printed order on the judgment will be sent to you later. Sometimes, when the law or the facts are complex, the judge will take the matter under advisement and you will get a written decision later by mail.