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Organizing Your Small Claims Testimony and Evidence


Impress the judge by keeping your comments and paperwork in good order.

In Small Claims Court -- or for that matter any court -- it's essential that you organize what you have to say and the physical evidence you wish to show the judge. Do this by dividing your testimony into a list of the several main points you want to make. Under each heading, note any evidence you will bring to show the judge. If your evidence consists of a number of items, make sure that you put them in order and can find each item quickly.

Example (from the plaintiff's point of view):

Let's assume your case is based on a hotel's failure to return your deposit when you canceled a wedding reception three months before the event was to be held. Your list of key points -- and the evidence to back them up -- might look like this:

  • Valley View Hotel refused to return my $500 deposit when I canceled my wedding reception.

  • This was true even though I canceled 83 days before the event.

  • The contract I signed with the hotel allowed a full refund if cancellation occurred more than 60 days before the event. (Show contract to the judge.)

  • When I canceled, Valley View told me (and claims they sent me a letter stating) that their cancellation policy had been changed the previous month to require 90 days notice in order to get a refund.

  • I never received a letter and had no idea of the policy change until I canceled and asked for my money back.

  • Even if Valley View did send me a letter, the change should not affect my contract, which was signed prior to the policy change. The key point here is, since I never signed a new contract, the existing contract was still valid.

  • In any event, the hotel has a duty to try and re-rent the banquet room to minimize (mitigate) any damages they suffered. And they had plenty of time (83 days) to do so.

  • Ninety days is an unreasonably long cancellation policy.

  • Here is a list of the cancellation policies of five other hotels in the area, all of which allow a full refund on much shorter notice than 83 days. (Give list to the judge.)

Copyright 2006 Nolo


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