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.

Courtroom Tips

The time has finally come. The clerk calls your case. Nervous, but full of righteous indignation, you walk up to the podium to stand by the plaintiff's placard.

• Wait your turn: If you are a person who always interrupts people in conversation, practice keeping silent. Speak when spoken to by the judge or given leave by the court. If you don't understand something speak up, but only when it's your turn. There is nothing more irritating to a judge than having someone constantly interrupting the other party or worse the judge him or herself. You run the risk of angering the judge who will likely miss some key points of your evidence. Also always allow the witnesses to finish speaking. Don't cut them off as you may lose information useful to your case.
• Don't argue: You should never engage in debate or make disparaging comments regarding your opponent. Again you run the risk of angering the judge and having your evidence lost under the chastisement of the court. If your opponent tries to bait you, ignore it. Your professional demeanor will win points with the judge and he or she will likely be more receptive to your presentation.
• Respect: It is important to show respect for the court and the participants of the hearing. While Small Claims Court is considered to be an informal proceeding it is still a legal proceeding. This means that you address the judge as "your honor." Use first and last names for both the witnesses and your opponent. While you are not required to wear a suit, dress appropriately in conservative business attire to show respect for the court. Don't wear jeans, shorts, torn or flashy clothing.
• Be prepared: Make a chronological outline of the facts supporting your case. Under each fact reference the law or case if on point that supports your position for easy reference. Bullet-point the facts and how they fulfill each elements of the law to support your case. List each document that supports that fact.  Make a list of your witnesses.  Under each witness write out the questions you want to ask in court that will prove your case.  Your hearing is not the time for an improptu Perry Mason style.  Have a section titled defendant's witnesses.  Have a list of questions you may want to ask the other side if you have the opportunity to cross-examine that will bring out facts that will support your case.

  Have all your evidence in an organized manner. A useful technique is to tab all documents you intend to introduce at the hearing for easy reference to hand to the judge without having to shuffle through all your papers. Always have three copies: One for the judge, defendant and yourself. Keep your originals unless specifically requested by the judge.

• Speak clearly and slowly: Before you begin to speak take a deep breath. It is better to be thought a fool than to open your mouth and confirm you are indeed one. Speak slowly. If you find yourself starting to speed up because you are nervous or normally a fast speaker, pause. Allow yourself to regroup. When a person talks quickly, the mouth and the brain don't always work at the same speed. Make sure you are clearly expressing your ideas and thoughts as you have prepared them in a logical, understandable manner. Don't get ahead of yourself in your haste to get through it.

  Enunciate your words, particularly if you, the judge or a witness has an accent. You want to make sure your actual words are heard. Maintain an appropriate volume. Don't speak too softly or too loudly or your words may be lost.

• Be Concise: You have a limited time to present your case. The judge has a lot of other cases to hear. So if you have evidence, get to the point quickly. Make a succinct presentation limited to the relevant facts and supporting evidence. If there are aggravating factors, describe them. Once you've made your point, move on. Don't repeat or restate your arguments. As long as your presentation is logical and follows a clear line, the judge should be able to follow your reasoning.
• Stick to the facts: Small Claims Court was designed specifically to eliminate the need for attorneys in small cases. Therefore the judge knows the law. Focus on the facts. Given them in a clear manner that underlines the elements of the relevant law so it is easy for the judge to see you are right. Don't waste the judge's time with emotions and moral rights.
• Know the defendant's case: There are always two sides to every argument. Don't let your emotions and moral indignation cloud your judgment. Look at the airline's position. What arguments will the defendant make? What evidence and witnesses will be presented? It is important to take an objective look at the case to anticipate the defendant's arguments to be able to counter them and lead the judge back to your side.
• Witnesses: If you plan to call witnesses, other than hostile witnesses, confirm that they know when and where the hearing will be. You should also consider serving them with a subpoena even if the witness has agreed to voluntarily appear. If you don't subpoena a witness and the witness does not appear at the hearing, the judge will require you to have the trial without that witness. The judge will not let you come back later with more witnesses or more papers after the trial.

  To subpoena a witness you will need to file the subpoena in the Small Claims Division of the clerk's office at least 10 days before trial (the number of days may vary in your jurisdiction) so that the witness can receive the subpoena at least five days before the hearing as required by law. If the witness doesn't receive the subpoena within the specified time it will be deemed invalid and the witness doesn't have to appear. You must provide the name and current home address of the prospective witness.

  The subpoena must be served by the sheriff or court-approved disinterested adult as set forth in the local rule. Keep in mind, however, like defendants, you can't subpoena a witness and force the witness to testify who has no contacts and is not properly served within the state. Also keep in mind that you must pay the witness a mandated fee to appear if the witness does not appear voluntarily. This amount will vary from state-to-state but is generally between $10 to $20.

• Record of the proceeding: If you think you may want to appeal the decision if it is not in your favor you will need to make arrangements to have a court reporter at the hearing. Notify the court clerk no less than 24 hours before the hearing date. You want to give the clerk sufficient time to make arrangements to have a court reporter available as they are not common at Small Claims Court proceedings.

 Next