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.

The Hearing

Generally Small Claims Court is like no other court in the judicial system. In most cases there are no formal rules of civil procedure, no rules of evidence, no motions and no discovery. All the hoopla of District or Superior Court is eliminated. As always there are exceptions. Some states allow motions and discovery and transfers so that formal rules of court may apply.

Typically, however, the clerk calls your case and you are directed to come forward. The court officer will administer the oath to tell the truth for both parties and all witnesses. As the plaintiff, you have the opportunity to speak first. Before jumping into your case, briefly introduce yourself to the judge and summarize your case in one or two sentences. For example:

Your honor my name is Mary Jones. I am a single mother working as an administrative assistant at Acme Inc. I am here today because I was involuntarily bumped from my flight by the defendant and the defendant provided insufficient denied boarding compensation as required by federal law to reimburse my expenses in staying at a hotel overnight before defendant booked me on another flight the following morning.

Remember, while you have been living with this issue for months, the judge has many cases on the docket and this might be the first time he or she has even seen your file. It is your chance to put your spin on the case by providing a very limited opening statement.

Once you have made your opening statement, you will have the opportunity to present your case. The judge will ask you to tell your story and question your witnesses to ferret out the facts. If you have the opportunity to question your witnesses use them to tell your story. Their testimony should be targeted to the relevant issues in the case with supportive articles such as the ticket, baggage claim receipt, receipts for transportation, meals or hotels, and any other relevant documentary evidence.

Beware, if you are able to question the witnesses your opponent will have the same opportunity to cross-examine. Make sure that your witness has something important to say and is reliable. Don't put a witness on to testify about how you should win because you are such a good person. The witness must have seen something or be privy to useful information. If not, it will come out in the cross-examination. Also make sure your witnesses are completely honest with you before you call them to the stand. Examination by the judge or defendant is not the place for the witness to have a change of heart.

Once you have presented your side, as shown on all legal programs on television, the defendant will put on its case. If the corporation is represented by counsel, as required in some states, don't be intimidated. Listen carefully to what is being said and remain detached and emotionless as if you were the attorney representing someone else. Take notes so that when it is your turn to cross-examine the witness you have something to ask. If something seems contradictory ask the witness about it. Ask the witness questions from the outline you made. Even though you can't question the witness before the hearing, you will have a general idea of what the person is going to say from your correspondence with the airline. If you have the smoking gun document, use it. But don't play Perry Mason to the detriment of your case. The facts will speak for themselves. The more you try to dazzle with legal finesse the quicker you may lose the judge.

Remember, the judge is also asking questions, so all is not lost if you get nervous and a little tongue-tied. Keep your cross-examination short and on point. Don't make it a personal attack or a demand for moral acknowledgement. This is a case about facts and the law, not your hurt feelings or a demand for an apology.

After both sides have had their say the judge may ask follow up questions. The judge may also give you the opportunity to make a closing statement, commonly known as a closing argument. In this case, briefly in 2 to 3 sentences summarize your case. For example:

Based on the testimony of Bob Jones and myself and defendant's own witness Ann Heart, the defendant knew that I was entitled to the involuntary denied boarding compensation as specified in defendant's General Carriage of Service and by law. And Defendant failed to provide the specified compensation. I am therefore entitled to damages in the amount as specified in my complaint supported by the documentary evidence as submitted today. I further request reimbursement of all court costs.

You should always ask for court costs and attorney fees where applicable.

You've done your best and it's now in the judge's hands. Remember the judge is not your friend or your enemy. His or her primary purpose is to 1) provide both parties an opportunity to have their say and 2) to get the facts so he or she understands the issues. After hearing all the facts the judge will make his or her decision.

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