Ten Steps in a Simple Trial

With only some minor exceptions, almost all Small Claims Court trials have ten steps to them.  Unfortunately, you will not find these steps listed in the Rules of the Small Claims Court, however, their use is codified in both the Superior Court’s Rules of Civil Procedure and the common law.

Actions that have Defendant’s Claims to them may also follow the ten steps below or the judge may merge some of the steps of the two proceedings.

TEN STEPS IN A SIMPLE SMALL CLAIMS COURT MATTER

[ 1 ] Opening statements and preliminary matters.

[ 2 ] Plaintiff’s direct examination.

[ 3 ] Cross-examination of the Plaintiff.

[ 4 ] Re-examination of the Plaintiff.

[ 5 ] Defendant’s direct examination.

[ 6 ] Cross-examination of the Defendant.

[ 7 ] Re-examination of the Defendant.

[ 8 ] Closing arguments.

[ 9 ] Judge’s decision.

[10] Submissions with respect to costs.