THE TRIAL

Civil trials are held weekly (calendars are usually posted outside the Courtroom). It is very important to appear on time with all necessary evidence and witnesses. If you appear late, or if you fail to appear, you may automatically lose your case. When your case is called, the Court will inquire as to the length of time it will take you to present your case and how many witnesses will testify on your behalf. Your testimony is usually essential in proving your case. After the Court calls the calendar and determines the length of each case, the parties are excused for a few minutes to attempt to negotiate a settlement before the Judge hears the case. You should make an earnest attempt to reach a settlement. Remember, you are the one most familiar with your case, not the Judge. It would be better to reach a settlement of your own, rather than to have the Judge make a decision that is not in your favor.

The Plaintiff has the burden of proving to the Court the liability of the Defendant and the amount of damages claimed. Therefore, the Plaintiff will have the first opportunity to present their case, as well as present any evidence or witnesses on their behalf. After each of the Plaintiff's witnesses has testified, the Defendant may ask the witnesses any questions pertaining to their testimony. After the Plaintiff presents their case, the Defendant may then present evidence and testimony to support his/her case. The Plaintiff may also ask the Defendant and witnesses questions relative to their testimony. Remember, you must ask questions; do not make statements or be argumentative, even if you do not agree with the testimony! After all the evidence has been presented, the Court will consider all the relevant evidence and make a decision. Once the Judge has made a decision, the Clerk will prepare the judgment in writing, the Judge will sign the judgment, and you will be given a copy of the judgment. This is usually done upon leaving the Court.