TRIAL PROCEDURE

PREPARING FOR TRIAL

1. 1.
   The burden is on you to prepare for your claim or counterclaim before trial and to bring to trial any evidence which will help you prove your case. You will not have to bring your witnesses on the first trial date because the first trial date is used merely as a date to find out if the Defendant is going to dispute your claim. If a formal trial is needed, the parties should try and get all witnesses to attend. If a witness does not want to appear and testify voluntarily, a party may file a subpoena (found in the Self Help Legal Center or on the Clerk’s or Courts’ websites) with the clerk ordering the witness to appear at the trial. Requests for subpoenas should be made as soon as possible.
2. 2.
   All written documents and agreements must be brought to trial if not already filed with the court clerk. For example, you should bring the original contract, a copy of the rental lease, damaged goods if possible, repair bills, doctor bills, receipts, photographs of damaged property, and copies of ledgers. These exhibits become a part of the court’s trial record and cannot be returned, so if for any reason you must keep the original documents, please bring photo copies also. Remember the court knows nothing about your case and must make the decision solely on the basis of the evidence presented at trial. Attendance of witnesses and the presence of exhibits at the trial are the sole responsibility of each of the parties.

BURDEN OF PROOF

1. 1.
   If you are the party trying to recover damages, as the Plaintiff on a claim or as a Defendant on a counterclaim, you have the burden of proving your case by a preponderance of the evidence. In other words, your evidence has to be more convincing than that of the other party. If the evidence submitted by your opponent is equally convincing, you will lose your claim.
2. 2.
   Your evidence must prove two things before the court will give you a judgment for damages:

   1. a.
      Liability—You must prove to the court, by your evidence, that the other party has done something that makes him or her responsible to you for damages.
   2. b.
      Damages—You must then prove the actual amount of damages (money) that you are entitled to recover. The Judge may not speculate or guess about the amount of the damages.