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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.)
FAQs
- How is the court system structured?
- What happens after each side has presented all its evidence?
- What if I am selected as an alternate juror?
- How do parties present their case?
- What if there are other claims or parties that should be involved in the litigation?