Presenting Your Testimony and Evidence in Small Claims Court
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 documents and/or other 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 of Plaintiff's Presentation
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:
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Valley View Hotel refused to return my $500 deposit when I canceled my wedding reception. (Show the judge the letter from Valley View refusing a refund.)
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This was true even though I canceled 83 days before the event. (Show the judge your cancellation letter.)
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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.)
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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.
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I never received a letter and had no idea of the policy change until I canceled the event and asked for my money back.
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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, because I never signed a new contract, the existing contract was still valid.
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In any event, the hotel had a duty to try and re-rent the banquet room to minimize any damages it suffered. And the hotel had plenty of time (83 days) to do so.
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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.)
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