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You are here: Small Claims > Get Ready for Court
Click on a topic below:
What will happen when I get to court?
How long will my hearing last?
How can I get ready for court?
How do I tell my story?
What kind of proof should I bring?
Can I bring people to support my story?
What if I don't speak English well?
What do I do after my hearing?
What will happen when I get to court?
When the judge calls your name, go to the front of the room. The judge may ask you to try to settle your case before the hearing takes place. The plaintiff will present their case first.
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How long will my hearing last?
Small claims cases vary but usually only last 10 to15 minutes. So be prepared to tell your story.
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How can I get ready for court?
Plan what you are going to say. Decide what your main points are and bring proof. Try to think of what the other person might say and how you will answer. You can also talk to a small claims legal advisor or a lawyer before court.
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How do I tell my story?
Be quick and to the point, and stay calm. It is your job to PROVE your case. Here are some tips:
- The first thing you need to say is why you are there.
- Tell the judge how you were affected by what the other person did, and
- Why it is their fault.
- Also explain why it is not your fault.
- Say what happened, in the order it happened.
- Group facts together. For example: "From April to August, I took the car in 10 times and he didn't fix the brakes."
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What kind of proof should I bring?
Bring any papers that support your story. This is called "evidence." Evidence can be:
- Contracts
- Estimates (bring at least 2)
- Bills
- Photographs
- Diagrams that show how an accident happened
- Police reports
If you need papers that someone else has, you can fill out a subpoena form (form SC-107) and request these documents.
Click here to learn more about subpoenas.
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Can I bring people to support my story?
Yes. Bring witnesses who saw what happened or who are experts on that subject. For example, a neighbor who saw the accident or a mechanic who looked at your car.
Don't bring people unless you know they will support you. Witnesses who are not friends or relatives may be more effective in proving your case. But sometimes the only witnesses are your friends and relatives. They should testify and present themselves in a professional manner and be objective and not emotional.
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What if I don't speak English well?
Bring someone with you who can interpret for you. You want the judge to understand you. Or ask the court clerk for an interpreter at least 5 days before your court date. There may be a fee for using a court interpreter unless you qualify for a fee waiver. Click here to find out about fee waivers.
You are entitled to delay your hearing in order to obtain an interpreter. Check out Civil Procedure Code section 116.550  .
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What do I do after my hearing?
If you are the plaintiff, click here for help after your hearing.
If you are the defendant, click here for help after your hearing.
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Last modified: 03/17/2008
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