Courtroom procedure

- Before the Small Claims Court session begins

Make sure you are there at the time the trial is scheduled to begin. If you are not on time, you may have your case dismissed. Once the case is set for trial, only legal excuses for not going to trial will be accepted. If you are there, but not ready, your case may be dismissed. If the defendant does not arrive at the courtroom on time, the plaintiff/claimant will have an inquest, and the Judge will hear and decide the case based only on evidence provided by the plaintiff/claimant.

Check the Court calendar for your name outside of the courtroom. If your case is not listed on the Small Claims Court calendar, or if a calendar is not posted outside the Small Claims courtroom, speak to the court clerk. When you arrive, take a seat in the courtroom and wait for the clerk to call the calendar. You should be quiet so that you and others in the courtroom can hear.

- When Small Claims Court session begins

The clerk will announce your case and call your name. When your name is called, you should stand, repeat your name, and answer "ready," or if you are not ready to begin and instead need to ask for an adjournment, or if you have some other request, such as a counterclaim, or wish to add someone to the lawsuit, you should tell the court at this time by saying, "application." If either side requests an "application," you will be told to stay in the courtroom until you have the opportunity to speak with the judge. The judge will decide whether to grant or deny the application. If both sides to the action are ready, the case will be sent to an arbitrator, unless you request that your case be heard by a judge. To request a hearing before a judge can be asked by either party by answering “ready by the court”.

The main difference between a Judge and an Arbitrator is that an Arbitrator’s decision is final and cannot be appealed because there is no official record of the proceedings, while Judge’s decision can be appealed because the trial is be heard with a court reporter or recording device.

Related Definitions:

Adjournment – a request to postpone the hearing.

Counterclaim – a claim for relief asserted against an opposing party after an original claim has been made, a defendant’s claim in opposition to or as a setoff against the plaintiff’s claim.

Arbitrator – a is an experienced attorney who is specially trained to hear and decide small claims neutral person who resolves disputes between parties.