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Small Claims Court Procedures: Everything Leading Up to the Closing Argument...Small claims court procedures are different than formal injury lawsuits.In a formal court you'll have a more traditional court stuff like evidence, witnesses being presented and cross-examination. In a small claims court you don’t follow such a formal process. You and the defendant each make one main argument, after which the judge will ask you questions and may ask to see your evidence. There's no rule in small claims court procedures 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. Arriving 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 should present your evidence and complaints clearly and logically, more or less following the structure of your personal injury demand letter. 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. 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 with the defendant. You already made your arguments, so the judge knows 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 piece of legal advice is that you should include an extra cost in your damages. During small claims court procedures, 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. This money is on top of your other damages. Return from Small Claims Court Procedures to How to File a Lawsuit Return from Small Claims Court Procedures to Personal Injury Settlement Guide How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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