Your Day In Court: Everything Leading Up to the Closing Argument...

In a formal court you'll have a traditional trial. This usually finishes with a closing argument, and includes other classic court stuff like evidence, witnesses being presented, and cross-examination.



In a small claims court you don’t follow such a formal process. You'll make one main argument, after which the judge will ask you questions. The closing arguments usually amount to the judge explaining the decision, but that doesn’t always happen either.

There's no rule that says you have to arrive for your hearing early, but it wouldn’t hurt. As long as you're there when your case is called there won't be any problems.

Coming early let's you learn what the judge is like. There’s a good chance the questions asked will remain consistent through similar cases. It's also possible that the judge won’t respond well to certain kinds of statements, so you can learn to avoid saying the wrong thing.

As the plaintiff, you'll speak first. Your oral statement will sound like the closing arguments you hear in TV shows. Basically, you're summarizing the whole case in a two or three minute speech. During your statement the judge may stop to ask you questions, so don’t get so wrapped up in your speech that you fail to answer. When you do answer, answer only the question you were asked and then go back to your statement.

Next, the defendant will make a similar oral statement. Listen to it carefully, but don’t interrupt. There's a very good chance the defendant will say things you don’t agree with, but arguing now will only irritate the judge. Besides, the judge is well aware you don’t agree with the defendant, otherwise you wouldn’t be there.

Similarly, if the defendant interrupts, or tries to argue with your opening statement, you shouldn’t respond. If anything, you should pause until the judge quiets them down, and then continue speaking. Letting them drag you into a fight during your hearing will only aggravate the judge and your situation. Show that you're the bigger person. You’ve prepared a case that can speak for itself, so let it.

After the statements, the judge will ask more questions. Again, don’t argue if the defendant says something you don’t agree with. You already made your arguments, so the judge will know how to weigh both sides. When the judge asks to see a certain document, make it known that you have a complete set of records available. When the judge asks specifics about the accident, show your photographs, if you haven’t already presented those in your opening arguments.

The last thing you should know is that you're going to be including an extra cost in your damages. When you state the amount you're suing for, you should also say that you're seeking a certain amount for court fees. The amount you're allowed to be reimbursed differs from state to state, so look into that ahead of time. Again, this money is on top of your other damages.

Still have questions about the court process or your closing argument? Click Here.


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