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written damage estimate, diagram, drawing or photograph that will help your case. You also should bring two photocopies of every original. You may be asked to give one copy to the person you are suing and one to the court. Depending on the reason you are going to court, you might even bring the shirt that a dry cleaner ruined or the blender that does not work. If you have any witnesses, you must bring them to court with you. The judge generally will not consider what a witness has to say unless the person says it in court. But, if your witnesses cannot appear in court, bring signed statements or "declarations" just in case the judge allows them. If possible, have the statements notarized. If a witness refuses to attend, the court can issue a "subpoena" - an official paper ordering the person to come to court. The small claims clerk can tell you how to do this. If you subpoena a witness, you must be prepared to pay that person a set fee each day plus a certain amount per mile to and from the court. Be sure to ask the judge at the hearing to add these costs to the judgment. Make a brief statement of the facts, covering the important points. Answer the judge's questions carefully. Do not insult or argue with the other party, no matter how angry you get. Sometimes the judge announces the decision at the end of the hearing. But often the case will be taken under "submission," which gives the judge time to review the law carefully. In this case, you will receive the judge's decision in writing in about two weeks.
CAUTION! Please remember that no information found at this site can replace a face to face meeting or telephone consultation with a "real live" attorney about your particular case, problem or question. The information you find here or in the answers should just be a starting point in finding your answers. |
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