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A Guide to Small Claims Court
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Chapter 4 - How to Prepare for the Trial
Remember:
The "Plaintiff" is the one. who is suing someone.
The "Defendant" is the one who is being sued.
4If
you are the plaintiff, you must prove in court...
4If
you are the defendant...
4Steps
to Prepare for the Trial
4Settling
Out of Court
4Check
List for the Trial
If you are the plaintiff, you must prove in court:
Why the defendant owes you money and the amount owed;
- Why the defendant should return certain property to you, which
property should be returned, and in some cases, the value of the
property (an issue when the defendant claims that the disputed property
is worth more than the $5,000, the highest amount allowed to be
settled in this court); and
- If you are the landlord seeking a summary ejectment action,
why you are entitled to an order requiring the defendant to move
out.
If you are the defendant:
- You try to show that you do not owe the money or should not
have to return the property, or that you owe less than the plaintiff
says you owe; or
- In a summary ejectment case, you need to show why you should
not be required to move out, or that the landlord owes you money
because of the landlord's failure to maintain your home in a livable
condition.
Steps To Prepare for the Trial
- Gather your evidence. Get together any materials you have that
will help you prove your side of the story, including receipts,
letters, photos, leases, cancelled checks, contracts, or ledgers. Bring them with you when you come to court.
- Witnesses. Anyone who has first-hand knowledge
about the case can be a witness - friends, family members, strangers,
even a child. If they can help you prove your side of the story,
they can help you in your trial. But they have to come to court
to tell the judge themselves about what they saw or know. Be sure
and tell your witnesses when and where the case will be heard. If
a witness won't come to court, or can't get off work for the trial,
you might want to force the witness to come to court by having the
sheriff deliver a subpoena to that witness (see
Appendix for more on
subpoenas).
- Practice what you are going to say. Before
you go to court, practice. Think about what questions the other
side and the judge may ask you in court. Think about how you should
answer them. The magistrate may not give you much time to tell your
story, so you have to be able to list the most important points
briefly and clearly. But be sure you say everything important to
your case.
- Visit the Court. If you have time, go to Small
Claims Court to see what it's like. This can be especially helpful
if you've never been in court. Small Claims Court is much more informal
than other courtrooms.
Settling Out of Court
You may decide to settle out of court, whether you are the plaintiff
or the defendant. If you do reach such an agreement, get it in writing.
You may need a written agreement later if the other party does not follow
through.
If you are the defendant, don't settle just to keep from going to court.
If you think you don't owe what the plaintiff says you owe, then you
should present your case to the magistrate.
If you can reach an agreement with the other side before the court hearing,
you do not need to go to the trial. When a case is settled out of court,
the plaintiff should notify the clerk of court so that the case is dismissed.
If you are the defendant, check with the clerk of court before your
trial date to be sure that the plaintiff has really dismissed the case.
If the case is settled out of court, the plaintiff will not get back
the court costs that were paid, unless the defendant agrees to pay them
as part of the settlement.
Check List for Trial
Use this space to make your own list of evidence and witnesses, and
to be sure you're ready for trial.
Evidence:
- ●______________________________________________________
- ●______________________________________________________
- ●______________________________________________________
- ●______________________________________________________
Witnesses:
- ●______________________________________________________
- ●______________________________________________________
- ●______________________________________________________
- ●______________________________________________________
Date and Time of Trial: ___________________________________
**Copyright May 1990, April 1994, February 1997, March 1998, June
2001, November 2003, October 2005, Legal Aid of North Carolina, Inc.**
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