You'll need to know rules of evidence for your trial
Get familiar with the rules of evidence. In court, everyone must follow the rules of evidence. These rules say what evidence a judge (or jury) can consider when they make a decision.
Basic flow of a trial
Most trials have the same steps. You start with a short statement about what evidence you have and what you want the judge to decide. Then, both sides get a chance to present their evidence and ask either side's witnesses questions. Next, you can make a final argument why the judge should rule in your favor. Finally, the judge will make a decision.
Select a step to find out what to expect and get instruction on how to prepare for that step.
You and the other side may start with brief introduction to your case
An opening statement is a brief introduction to the case. It's a preview of the evidence you plan to present. You can't make arguments in your opening statement.
Thus, the statement "The account is over the statute of limitations," would not be allowed, but "The evidence will show the account is over the statute of limitations," would be allowed.
In an opening statement, you say what evidence you plan to present and often end with what you want the judge to decide or order.
Often, the judge will waive the opening statement in a debt case.
The plaintiff starts the case by presenting its evidence
The plaintiff will present its case by either asking a witness questions or presenting a declaration in lieu of live testimony. To present a declaration instead of a witness, the case must be a limited civil case (under $25,000).
During the plaintiff's case, you can:
- Object to questions asked by the plaintiff, or testimony given by the witness
- Cross-examine any witnesses (ask the witness questions)
- Object to the introduction of the declaration in lieu of live testimony if the plaintiff didn't follow the requirements to admit it
After the plaintiff presents its case, the defendant can present their case
If you have any witnesses:
- Call your witness and examine them, or ask them questions that allow them to give evidence that supports your case
- Use the testimony of your witnesses to introduce exhibits (documents, emails, etc.) that support your case
- The plaintiff may cross-examine the witness
- You have an opportunity to briefly question the witness again (a redirect) asking questions that clarify or challenge information from the cross-examination
- The plaintiff will have the opportunity for a brief re-cross-examination
If you testify, it's likely you will simply be allowed to present your side, with the judge occasionally interrupting to ask questions. You will introduce your exhibits by testifying you have personal knowledge of them.
At the end of the trial, both sides can summarize their case. The plaintiff will go first. Then you'll present your closing statement.
After your closing statement, the plaintiff will have the opportunity to make a brief argument against your closing statement (give a rebuttal).
The judge will either make a decision at the end of the trial or will mail you the decision to you, often within 5 to 10 days.
Return to an overview of the entire process for debt lawsuits
Debt trials
What's next?
Once the trial is over, you'll get a judgment. If the judgment says you owe money, find out what to expect.