TABLE OF CONTENTS

All I Have To Do Now Is Show Up Right?

It's The Day Of The Hearing! It's Time To Panic!

Courtroom Tips

The Hearing

Judgment And Post-Judgment:

GLOSSARY

LEGAL TERMS

APPEAL

A request by either party to take a case to a higher court for review. No new evidence may be introduced in the appellate court. The reviewing court only considers whether errors occurred during the prior proceedings.

APPEARANCE

The act of a party or an attorney showing up in court.

CALENDAR

The list of cases scheduled for hearing in court each day.

CASE LAW

Law established by precedent, predominantly decisions of state Supreme Court or United States Supreme Court, used to support your position. Any opinion cited by a district court or another state is merely persuasive. It is not controlling law.

CLOSING ARGUMENT

The closing statement by counsel, or small claim party (if allowed) to the trier of facts after all parties have concluded their presentation of evidence.

COUNTERCLAIM

A claim made by a defendant in a civil lawsuit against the plaintiff, included within the Defendant's Answer to the Plaintiff.

CROSS-EXAMINATION

The examination of a witness who has already testified in order to test, discredit or impeach the witness's testimony, knowledge, or credibility.

DEFAULT JUDGMENT

When a defendant is in default, the court enters an order in favor of the plaintiff. The court may in its discretion overturn a default judgment.

DEFENDANT

The person(s) or other entity against which a claim is filed.

DIRECT EXAMINATION

The first questioning of a witness by the party on whose behalf he or she is called.

DISCOVERY

The pretrial process by which one party discovers the facts and evidence the opposing party will rely upon at trial.

DISMISSAL

The termination of a lawsuit. A dismissal without prejudice allows the plaintiff the option to file again at a later date. A dismissal with prejudice prevents the lawsuit from being brought again in the future in any form.

DOCUMENTARY EVIDENCE

Any document that is admitted as evidence in a trial or hearing, as distinguished from oral testimony.

EVIDENCE

A fact presented before a court such as a witness' statement, a tangible object, etc. that relates to or establishes a fact in contention.

GENERAL CONDITIONS OF CARRIAGE

A contract between the air carrier and the passenger specifying obligations, rights, warranties and disclaimers between the parties.

HOSTILE WITNESS

A witness whose testimony is not favorable to the party calling the witness. A hostile witness may be questioned with leading questions and crossed-examined by the party who called the witness to the stand.

INTERROGATORIES

Written questions propounded by one party and served on the opposing party. The opposing party may object to the Interrogatories, but must still provide written answers under oath. This is one discovery tool.

JUDGMENT

A final determination by the court of the rights and claims of the parties in the action, whether by default, summary judgment, declaratory judgment, consent judgment or verdict.

JUDGMENT DEBTOR

The losing party in a lawsuit who owes the amount of the judgment to the successful party.

JURISDICTION

The extent of the court's legal authority in a specific geographical area to interpret and apply the law. Types of jurisdictional power include subject matter, personal, territorial, concurrent and appellate jurisdiction.

MOTION

An oral or written request by a party before, during or after the trial to issue a ruling or order. Usually a motion concerns an issue within the court's discretion.

NOTICE

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed.

NOTICE OF APPEAL

A filing made with an appellate court to appeal a ruling made by a lower court.

OATH

Written or oral pledge by a person to speak the truth.

OPENING STATEMENT PARTY

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

PLAINTIFF

The person(s) or entity filing a claim against another person or entity.

SERVICE PROCESS

The act of providing an opposing party with notice of a pleading or action to assure that the opposing party is aware an action has been filed and is given an opportunity to appear.

STATUTE

A law adopted by the legislature.

SUBPOENA

Order of the court requiring a witness to attend and testify at trial.

PART 4: MAKING THE MOST OF YOUR DAY IN COURT

You filed the complaint, acquired all your evidence and the end is almost in sight. Now it's time to prepare for your day in court. You took on the airline and despite being ignored or intimidated you are finally here. Now your focus is on getting your point across to the judge.

All I Have To Do Now Is Show Up Right?

As with any big event that you must prepare for, you should scout the venue. Know the lay of the land so to speak. Visit the Small Claims Court that will hear your case if possible at least once. If you can't make it, ask someone to go for you so you will have some idea of what to expect. As with everything, no matter how much material you read to prepare for the hearing, it will never truly prepare you until you know what to expect.

Go early enough to find the courthouse. As obvious as it sounds you don't want to be late for your own hearing or you may find that the case has been dismissed or default judgment on a counterclaim was entered in that five minutes you were late. Arrive 5 to 10 minutes early to observe all the necessary procedures. Take note of what happens so you will feel comfortable the day of your hearing.

• Is there a sign-in procedure? Do you just check-in with the clerk?
• Does the court call the calendar at the beginning of the session to determine what parties are present or have already settled?
• How long does a hearing last?
• Are you permitted to question your witnesses?
• Are you permitted to cross-examine the defendant's witnesses?
• Are you permitted to argue your case or merely answer the judge's questions?
• What is the time limit to present your case?
• How many judges hear small claims cases? If more than one, find out which one will be presiding the day of your hearing and sit in on a court session with that judge. A few weeks before your hearing the court will mail you a notice identifying the date and time of your small claims hearing. Therefore you should be able to determine which judge will preside at your hearing.
• What is the courtroom phone number?
• What is the typical courtroom attire? As this is more of an informal hearing you will not be expected to show up in a $1,000 suit. Get a feel for the style of clothes people are wearing that seem appropriate.

No good attorney making his first appearance in court would walk in blind, step up to the podium and argue the motion. He or she would come to court and observe the type of hearings the attorney would be attending to feel comfortable. When you are up at the podium the last thing you want to worry about is what you do next. Take the time to go observe court proceedings so you will feel confident and can focus on presenting your case.

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