Small Claim Instructions (Page 7 of 8) in pdf

Mediation has many benefits:

Mediation brings all of the parties together to discuss the dispute with a trained, neutral mediator.

Mediation offers a last chance to maintain control over the outcome of the dispute before turning it

over to a judge. Remember, no matter how right you think you are, you may not win the case.

A mediated agreement is enforceable once a judgment is entered.

If mediation is unavailable or if you are unable to resolve the dispute through mediation, a trial will

be set. Be prepared to present your case at the date and time on your notice of trial.

PREPARING FOR TRIAL

Small claims trials are informal so that the parties can handle their own cases. Lawyers cannot

appear without special permission of the court. The plaintiff first, and the defendant second, will

present sworn testimony, evidence, and witnesses to the judge. The judge is only interested in facts.

Your testimony should be brief and to the point. You may use written notes, but do not expect the

judge to read a written statement.

You, as the plaintiff, must prove your case. The defendant must prove any counterclaims

(counterclaims are claims the defendant has against you. They are NOT defenses to your claims

against the defendant). Come prepared with factual evidence like receipts, a written contract, police

reports, witnesses, etc.

Bring the following to support your claim:

Records, documents, bills, original contracts, photos, written repair estimates, etc. Make copies of

any material that you may wish to submit to the court and bring the copies AND the originals to

court. You may also want to bring copies for the defendant’s reference.

On the day of your trial, be sure to allow plenty of time to get through security and find your

courtroom. Be prepared to present your case at the time listed on your trial notice.

COURTROOM RULES:

*Appropriate dress is required. See UTCR 3.010 and the local court rules. The judge may

ask you to leave the courtroom if you are not dressed appropriately.

*Caps and hats must be removed upon entering the courtroom.

*Food and drinks are not allowed in the courtroom.

*Weapons are not allowed anywhere in the court building.

*Pagers, cell phones, and all other electronic devices that may disrupt court proceedings

must be turned off (not just silenced, because signals interfere with recordings).

*Audio or video recording is not permitted without advance permission of the judge.

JUDGMENT

Once your trial is over, the judge will make a decision. You could:

 Lose the case. You cannot collect money from the defendant if you lose.

 Win the full amount of your claim.

 Win some of your claim, but not all of it.

 Win either the full amount or some of the amount, and lose against a defendant’s

counterclaim.

o Generally, if you and the defendant both asked for money, the amount you lost

(counterclaims) will be subtracted from the amount you won.

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 7 of 8

Small Claim Instructions Page 7