If at the time of trial you feel that more damages have occurred between the date you filed your Notice of Claim and the date set for trial, such as rent due, newly discovered damage to property, interest on account, etc., you may ask the court, before the trial, to allow you to amend (change) your Notice of Claim to include new damages.

If the Plaintiff fails to appear for trial, the Small Claims Rules provide that the court may dismiss the action/claim without prejudice. If the claim is dismissed without prejudice, the Plaintiff can re-file the claim by paying another filing fee. If a Plaintiff fails to appear a second time for trial, the Small Claims Rules provide that the court may dismiss the claim with prejudice. A dismissal with prejudice will prevent the Plaintiff from attempting further action in the case.

If the Plaintiff fails to appear at trial and the Defendant appears and has filed a counterclaim, the judge may enter a default judgment against the Plaintiff based on the Defendant’s counterclaim.

If both parties appear for the trial and a judgment is necessary, the court may immediately enter judgment or take the matter under advisement and later issue a written judgment to the parties.

DEFAULT JUDGMENT -- If at the trial the Plaintiff shows up and the Defendant does not, the Plaintiff can ask for a default judgment against the Defendant for the amount stated in the original claim. For the judge to grant a default judgment, the Plaintiff must prove the following:

That the Plaintiff has a valid claim and should recover that loss from the Defendant.