Small Claims Hearing Procedure
At the hearing, the Plaintiff and Defendant will testify and call witnesses to testify,
and present exhibits for the court to consider. Although the small claims judge
has the authority to seek out evidence on his own, this is seldom done, and the
court usually relies on the evidence produced by the parties.
All evidence must be marked prior to the day of trial.
The term appearance means personal appearance of the party involved. Personal appearance
of a party is always more desirable. Affidavits or written statements do carry equal
weight to personal appearance.
Occasionally it is necessary for a case to be continued (postponed). Requests for
continuance must be made in writing, detail the reason for the request, be signed
by the party requesting it, and be served (delivered) to the other party as well
as filed with the clerk at least five (5) days in advance of the scheduled hearing
date (except in life threatening or similar emergency). You must ask for the continuance
as soon as facts requiring the continuance become known to you. The request may
not be granted, so check with the clerk for the court decision on the request.