WHAT HAPPENS AT THE HEARINGS?

1.) Arrive early and bring all court papers with you. If you are suing and arrive after 9 a.m. or do not appear at all, your case may be dismissed.

If you are being sued and arrive after 9 a.m., a judgment may be entered against you. In other words, you may lose without a hearing if you are late.

2.) The Courtroom Clerk calls all of the cases on the calendar to find out who is present. Please answer loudly when your case is called. After the Clerk finishes the calendar call, you are asked to form a line at his/her desk for any questions that you might have.

If you are suing and the other party is not there, you must still show proof of your claim before you can get a judgment in your favor.

If you are being sued, and the other party is not there, ask that the case against you be dismissed (so you will win the case).

3.) SETTLEMENT - You and the other party may want to settle the claim before court actually begins. This means that the two of you reach an agreement between you before the case is heard by the Magistrate Judge or Associate Judge. You may do this on or before your court date.

Trained mediators are available each day that the court is in session to help you reach a settlement. Before your case goes to trial, the Courtroom Clerk will assign a mediator to meet with you and the other party. Any agreement you reach with the mediator's assistance will become part of the court record. Anything you discuss with the mediator will, however, remain confidential. If you are unable to settle your case with the help of a mediator, you may go on to trial.

If you are suing and want to settle, look for your opponent and talk with him/her about an agreement. If you want to settle, be ready to consider accepting a smaller amount than you are suing for if the amount is reasonable. Settling a lawsuit frequently is the easiest ways to save times and trouble.

If an agreement is reached in your case, a form called a "praecipe" will be given to you for setting forth the terms of the agreement.

Give the praecipe (agreement) to the Clerk and ask the Clerk if there is anything further that the Court must do with regard to the settlement.

4.) THE HEARING - If you cannot or do not want to settle with the opposing party, you will have a hearing before the Magistrate Judge (who is the judicial officer presiding over Small Claims Court). Tell the Magistrate Judge that you could not settle, and wait for your case to be called again. At that time say, "Ready for trial."

If you are suing, you will have the first chance to present evidence and explain why you are suing. You have the responsibility of proving that the amount of money claimed is owed to you by the defendant.

If you are the one being sued; you will have a chance to question your opponent and his/her witnesses (cross-examination). The purpose of your questions should be to show that your oppo­nent's case does not "hold water." Then you will have a chance to tell your side, have your witnesses testify, and present evidence. The plaintiff may then ask questions of you and your witnesses.

5.) After the Magistrate Judge has heard all of the testimony, he/she will inform the parties of his/her decision as to which party has won the case and the amount of the judgment, if an amount of money is awarded. There are times when the Magistrate Judge will not render a decision immedi­ately after the trial; if so, you will be notified by mail.