My current location: , | Change location
Featured Attorneys

Presenting Your Case to a Judge


Increase your chances of winning by knowing what to say to the judge and practicing in advance.

First, understand that the judge is busy and has heard dozens of stories like yours. To keep the judge's attention, get to the point fast by describing the event that gave rise to your claim. Another way of saying this is to start with the end, not the beginning, of your story. For example, if your dispute involves a car accident at Rose and Virginia Streets caused by the defendant running a red light, say that first, not why you were on Rose Street in the first place or how terrible it is that road rage causes people to disregard traffic signals. Use no more than two or three sentences to describe what happened.

After you make your point, immediately follow up by stating how much money you are requesting. And be prepared to document this amount. In the case of a car accident, this would mean getting several repair estimates from reputable repair shops.

Here is an example of a good start for a small claims presentation: "Your Honor, my car was damaged on January 10, 2000, when the defendant ran a red light at Rose and Virginia Streets in the town of Saginaw and hit my front fender. I have a canceled check to show it cost me $427 to fix the fender."

After you have clearly stated the key event, double back and tell the judge the events that led up to your loss, using diagrams, photos, or other appropriate visual aids. For example, you might ask the judge for permission to display a large diagram of the intersection you made with marker pens on white paper (use different colors for key vehicles). Once the judge understands the basics of your claim, you can fill in the background by explaining, for example, that you were driving below the speed limit and had entered the intersection when the light was green, and when the defendant came barreling through the red light, you did your best to avoid the defendant's car.

If you have any witnesses, this is the time to introduce them, explaining briefly who they are and what they saw. For example, you might say, "Your Honor, may I introduce an eyewitness, Elisabeth Elders, who regularly carpools with me. Ms. Elders saw exactly what happened."

At this point in most small claims courts, Ms. Elders would stand and tell the judge what she witnessed.

The key to you, and any witness, making a convincing presentation is the practice in advance. Line up an objective, tough-minded friend and run through your entire case just as you plan to on court day. Ask your friend for suggestions, not compliments. For example, he may tell you that you need a witness or written documentation, a better grasp of the legal technicalities involved or a better-organized presentation. Take his advice to heart and make all possible improvements. Then practice again.

Copyright 2006 Nolo

Featured Attorneys