Introductory remarks
This is the small claims session of this court. Please listen to these instructions so that you will know what to do when your case is called. Please answer "here" when I call your name or the name of your business. The plaintiff is the person or business that brought the small claim. The defendant is the one being sued.
If both litigants are present
First, I will give instructions on what to do if both sides are here. Essentially, you may settle the case without a trial, or you may have a trial.
Settlement or mediation
If the defendant admits owing what is claimed, or if you think you can settle the matter between yourselves, you should talk outside the courtroom after your names are called. If you cannot reach an agreement by yourselves, but both sides feel an agreement is possible with outside assistance, the court has mediators available for this purpose. If a voluntary settlement is reached, a form will be provided and your written agreement will be the court’s order in this case. As soon as the settlement is approved by the court, you will be given a copy and may depart.
Trial
If you cannot settle the case, you should return to the courtroom and wait for your trial. When your case is called for trial, you will be given instructions as to how to proceed by the adjudicator. Your case will either be decided today or will be "taken under advisement". If it is taken under advisement, you will be notified of the decision by mail.
If only one side is present
Defaults
If, when I call your case, the plaintiff is here but the defendant is not, the plaintiff will win automatically by default. The court will review your complaint before deciding what the amount of the judgment should be. The defendant will be ordered to pay you within thirty days, and if this is not done, both parties will be required to attend a payment hearing that will be set by the court. You will receive a written judgment in the mail with additional instructions as to what will happen if you do not receive payment.
Dismissals
If, when I call your case, the defendant is here but the plaintiff is not, the case will be dismissed. You will receive a written judgment of the dismissal in the mail. Oftentimes parties who did not appear request, at a later date, that the court "vacate" the default or dismissal because they had a good excuse for not being present. The court will listen to both sides before allowing or denying these requests.
Other matters
If you are here for other small claims matters (motions, payment hearings, review, etc.) you should remain in the courtroom until your case has been heard by the court. Please listen carefully for your name or the name of your business. If you do not hear your name, please let me know at the end.