A Guide to Small Claims Court
Previous Chapter |
Table of Contents | Next Chapter
Chapter 5 - The Small Claims Court Trial
Be On Time
Go to court ten minutes early! It is very important not to be late.
If you are the plaintiff and not there when the magistrate calls your
case, he or she can dismiss the case. If you are the defendant and not
there when the magistrate gets to your case, the plaintiff still must
prove the case. But the plaintiff will have a much easier job if you
aren't there to tell your side of the story.
If you cannot make it to court on the day of your trial, call the magistrate
ahead of time and ask for a later court date. The magistrate may or
may not give you another court date. But if you are the plaintiff and
don't call and don't show up at court, the magistrate will dismiss your
case.* If you are the defendant and don't call or show up, you are likely
to lose.
* [If your case is dismissed "without prejudice" and you still want
a hearing, you may either appeal the case to District Court or
you will have to start all over, filing new forms and paying the
fee again. If your case is just dismissed, it is considered "with
prejudice" and cannot be filed again. However, you could still
appeal the case to District Court. See
Chapter 7 for an
explanation of how to appeal the case to District Court.]
The Events at the Trial
When it is your turn to speak, tell your story simply and truthfully.
Focus on the facts, not your opinion. You should not try to act or sound
like a lawyer. Just be yourself. Show the magistrate any evidence you
have. After you have testified, your witnesses can testify and you can
ask them questions.
The magistrate or the other side may ask questions of you and of your
witnesses. Remember that you and your witnesses only have to answer
questions about the facts. You do not have to answer questions about
the kind of person you are or anything else that is not an issue in
the case. Tell the magistrate if you do not want to answer, and why.
It does not help your case to argue with the other side. The magistrate
will tell you if you must answer a question. Here's the usual order
of events at the trial.
The Oath. All those giving evidence or testimony during the
trial must swear or affirm that they will tell the truth. This includes
plaintiff, defendant, and witnesses. You do not have to swear on a Bible;
you can affirm to tell the truth.
The Plaintiff’s Case. The magistrate asks the plaintiff
to present his or her case first, including any evidence and witnesses.
The defendant gets to ask questions of the plaintiff and each of the
plaintiffs witnesses after each one testifies.
The Defendant's Side. The defendant then presents that
side of the case, with any evidence and witnesses. The plaintiff gets
to ask questions of the defendant and each of the defendant's witnesses
after each testifies.
The Magistrate Reaches a Judgment. The magistrate reviews
the evidence and reaches a decision, which is called a judgment and
explained in detail in the next section. No more evidence can be given
to the magistrate after the trial.
The Magistrate's Judgment
The magistrate can make a decision at the trial or may wait up to 10
days to issue the judgment. In the judgment, the magistrate may:
< Dismiss the case, if the plaintiff has not proved the case;
< Order the
defendant to pay either the full amount claimed by the plaintiff or
part of that amount, including the plaintiffs filing fees;
< Order the
defendant to return property to the plaintiff; or
< In summary ejectment
cases, order the defendant to vacate the premises and/or pay rent or
damages that are due.
If the magistrate makes a decision which you do not understand, ask
the magistrate to explain it to you before you leave the court. If the
magistrate makes the judgment during the 10 days after the trial, you
can call or go to the clerk of Superior Court later to find out the
judgment. Be sure to have the case file number with you.
Landlords and Tenants
Small Claims Trial Required Before Eviction
For a landlord to evict a tenant legally, North Carolina law requires
that the landlord file an action in Small Claims Court called a "summary
ejectment. " The landlord cannot just lock you out of your home or try
to force you to move through such actions as cutting off your electricity.
If you are a tenant and your landlord is trying to evict you (have
you put out of your house or apartment), you have other legal
protections and rights which are not covered in this booklet. For
more information on evictions, contact your local
Legal Aid of North Carolina office.
**Copyright May 1990, April 1994, February 1997, March 1998, June
2001, November 2003, October 2005, Legal Aid of North Carolina, Inc.**
Previous Chapter |
Table of Contents | Next Chapter
Disclaimer
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
an attorney regarding your particular situation. See our complete
disclaimer.
Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.