Tag Archives: trial

Last Minute Tips for Small Claims Court Trials

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Have a small claims trial coming up real fast?  Sitting in court right now, waiting for the judge to call your case?  Want some last minute tips that will help anyone out?  Here you go.

  1. If You Get Surprised by New Evidence, Ask for a Continuance on That Basis.

“Trial by Surprise” does comply with the right to Due Process and Fundamental Fairness as required by the 14th Amendment to the United States’ Constitution.  You can ask for time to prepare for new evidence by arguing that the right to Due Process requires it.  Make sure you mention that you made reasonable efforts to get all the evidence in advance of trial. read more

Small Claims Court Basics

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Small Claims courts are not that scary if you are prepared.

Small Claims courts are not that scary if you are prepared.

You probably know that if someone owes you money, or causes you property damage or injury, you have the right to sue in small claims court. But you may not know the basics of how small claims court cases work. Here is some free self help info on that topic to help you out.

1. Small Claims Court Has Monetary Limits.

In California, the current limit to a small claims case brought by an individual is $10,000. That means you can ask for $10,000 or less in a small claims court case.

There are lower limits for businesses who file multiple cases in a year, and for auto accident cases where there is auto accident cases where there is confirmed auto insurance coverage. read more

How to Prepare for Your Small Claims Court Trial; Free Attorney Tips

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small claims court trial pic

The party with the best organized evidence has an advantage in small claims court trial.

Too many people show up for their small claims court trial unprepared, in denial, and/or unaware of what to expect. These failings can sink a case quick. Fortunately for you, there are some basic tips that can help anyone prepare for a small claims court trial. We present them here for you, for free. We hope they help.


1. Imagine Your Small Claims Court Date in Advance.

Most small claims court dates start with a mediation session that the court hopes will result in a settlement of the case without a trial. If there is no settlement prior to the court date or in mediation, the court will hold a trial with one judge. read more

Avoid The Most Common Small Claims Court Trial Mistakes.

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You can only expect one shot at presenting your case in Small Claims court. Realistically, in a busy urban courthouse, small claims trials may only get 15 or 20 minutes of live court time. As a result, preparing in advance is an activity that is well worth its time.

Being prepared for your small claims court trial can reduce your stress tremendously, and help you meet your case goals. How? Simple.

there are many common mistakes in small claims court trials.

there are many common mistakes in small claims court trials.

To help, we offer the following info on some common small claims court mistakes that you can avoid with a little forethought and preparation. read more

What Is The Best Evidence for Your Small Claims Court Case? Attorney Tips.

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Whether you are a business owner suing in small claims court to get paid on an old invoice, or a tenant defending against a landlord’s charge against your security deposit, you will want quality evidence with you in court.

Parties to a small claims court trial who don’t have evidence to support their side of the story are at a disadvantage. Quality evidence that is well organized can help a small claims litigant reach their goals.

Small claims cases in California, and most other states, are conducted informally. Small claims trials usually function without the usual rules of evidence, including hearsay objections. (See California Code of Civil Procedure section 116.510; Cal. Judges Benchbook, Small Claims Court and Consumer Law sec. 4.18.) read more