For those of you who have never before been in small claims court, let me explain our procedures. My name is ____________, and I am _____________ of this court.
When your case is called for trial, you will be sworn in. The plaintiff—the party who is suing—will then tell me his or her story, as you would tell it to a friend. If either side has photographs or anything in writing that you wish to show the court, such as receipts, leases, or contracts, please show such evidence as you tell me your story.
Though the rules of evidence are relaxed in small claims, my sworn duty, nevertheless, is to follow the law. The most important rule of law here is that the plaintiff must prove the claim by a preponderance—a majority— of the evidence. This is like a set of balance scales: the plaintiff’s proof is put on one side and the defendant’s on the other. If the defendant’s side is heavier, or if the scales are evenly balanced, the plaintiff loses. It does not matter how honestly and certainly the plaintiff believes he or she is right - the law says you must prove the claim in order to win.
Please be brief if you can, but take as much time as you need to tell me your side of the case. When you think you are through, I will ask if there is anything else you wish to tell me that you have not already told me—and please, that is the time you should tell me anything else you wish to add. After this, you then must remain quiet while this same procedure is repeated with the defendant, the person being sued.
After both sides are finished, a decision and a payment order will be entered. I may announce my decision from the bench, but you will still receive a written confirmation in the mail. If I announce that I will take the case under advisement, that means that I want to give the case some more thought, and you will be notified of my decision by mail.
Remember, when your case is called, please come forward and bring all witnesses you have here with you today. Everyone will be sworn in, and we will be ready to try your case.