Who will preside over the small claim?
At the 62-B District court, the attorney magistrate presides over a small claim.
Who has the burden of proof?
The plaintiff has the burden of proof both on proving liability and on proving damages.
What is the standard of proof?
The standard of this burden is preponderance of the evidence. This means that the plaintiff must have a stronger case than the defendant as to liability and as to damages.
What happens if the plaintiff does not show up at the hearing?
The case will be dismissed without prejudice. If the case is dismissed without prejudice, the plaintiff may start the case over.
What happens if the defendant does not show up?
A default judgment will be entered against the defendant.
What do I bring?
Bring all your documents, witnesses, and other relevant evidence with you to court. You will be asked you for your testimony and at the time you will be able to present your evidence and documentation.
What happens at the hearing?
The plaintiff will testify first. Then the defendant will hear testify. At different times, the attorney magistrate will ask questions of the parties, about the evidence presented, and the witnesses. Remember this is your day in court so take your time to fully express yourself.
What if I don't agree with the other side's testimony?
After each party has had their opportunity to be heard, the magistrate will ask you if there is anything further you wish to say. At that time, you may offer what you feel would best clarify the facts.
What happens if the plaintiff wins?
The plaintiff will get a judgment. This will give the plaintiff a legal right of enforcement of the judgment .
How are judgments enforced?
Small Claims Slideshow
The following slideshow is played before the beginning of the small claim proceedings.