What Happens at a Hearing, Courtroom Procedures, and Presentation Tips - California Law
A California small claims court hearing is an informal proceeding where both parties present their case to a judge or commissioner. Upon arrival, check in with the clerk and wait for your case to be called. The judge will first verify that proper service was completed and ask if the parties want to attempt mediation.
If you proceed to hearing, the plaintiff presents their case first, explaining what happened, showing evidence, and calling any witnesses. The defendant then has an opportunity to respond, present their evidence, and call witnesses. The judge may ask questions throughout to clarify facts. Each side typically gets 10-15 minutes, though complex cases may receive more time. After both sides present, the judge may announce a decision immediately or take the case under submission and mail the decision within a few days.
Thorough preparation is essential for small claims court success. Start by organizing all evidence chronologically in a binder with labeled tabs. Prepare a brief written outline of your case including key dates, amounts, and main points you want to make. Practice presenting your case in under 10 minutes, focusing on facts rather than emotions.
Review all documents the defendant might use against you and prepare responses. If bringing witnesses, meet with them beforehand to ensure they understand what questions you'll ask. Visit the courthouse before your hearing date to familiarize yourself with parking, security procedures, and courtroom locations. Bring copies of all documents for yourself, the judge, and the opposing party. Dress professionally in business casual attire. Arrive at least 30 minutes early to check in and compose yourself.
When presenting your case, be clear, concise, and chronological. Start by introducing yourself and briefly stating what you're seeking. For example: "Your Honor, I'm seeking $5,000 for damage to my vehicle caused by the defendant on January 15th." Then tell your story in order, focusing on facts: who, what, when, where, and how much.
Avoid emotional language, personal attacks, or irrelevant details. Reference your evidence as you go: "As shown in Exhibit A, the contract required payment by March 1st." When presenting each piece of evidence, explain what it is and why it matters. Pause to allow the judge to review documents. If you have witnesses, introduce them and ask focused questions. Conclude by summarizing your main points and restating the amount you're requesting. Address the judge as "Your Honor" and remain respectful throughout.
In California small claims court, parties generally cannot be represented by attorneys during the hearing itself. This rule exists to keep the process accessible and informal for self-represented individuals. However, there are important exceptions:
You can consult with an attorney before your hearing to prepare your case, have an attorney draft documents or demand letters, and receive legal advice about strategy. Many courts offer free small claims advisor services, and these advisors can help you understand procedures, evaluate your case, and organize your evidence.
If the defendant fails to appear at a California small claims hearing after proper service, the judge will likely enter a default judgment in your favor. However, you must still prove your case and the amount of damages. The judge will ask you to briefly present your evidence showing why you're entitled to the amount claimed. Simply because the defendant is absent doesn't mean you automatically win or receive the full amount requested.
After the judge reviews your evidence, they will enter judgment for the amount they find properly proven. If you didn't complete proper service, the judge may dismiss the case or continue it to allow proper service. The defendant who had a default judgment entered against them can file a motion to vacate the default within 30 days if they can show good cause for their absence.
Most California small claims court hearings last between 15 and 30 minutes, though simple cases may conclude in 10 minutes while complex ones might take up to an hour. The actual time depends on several factors: the complexity of issues involved, the amount of evidence to review, the number of witnesses, and whether the parties have organized their presentations effectively.
Some judges hear multiple cases in rapid succession, while others allow more time for each. Despite the short duration, you should plan to be at the courthouse for at least two to three hours because multiple cases are scheduled for the same time slot and you may have to wait for your case to be called. Use your waiting time to review your evidence and notes. When your case is called, be ready to proceed efficiently.
Yes, you can request a postponement (continuance) of your California small claims hearing by filing Form SC-150 (Request to Postpone Small Claims Hearing). You should file this request as soon as you know you need more time, ideally at least 10 days before the scheduled hearing.
Valid reasons for postponement include illness, previously scheduled travel that cannot be changed, need for more time to gather evidence, unavailability of essential witnesses, or recently discovering the defendant's new address requiring new service. The court has discretion to grant or deny your request based on the reasons provided. If your request is denied, you must appear at the original hearing date. Each party is generally allowed one postponement, and repeated requests may be denied.
If you are the plaintiff and miss your hearing, the court will likely dismiss your case. You may be able to refile, but you'll have to pay new filing fees and serve the defendant again, assuming the statute of limitations hasn't expired. If you are the defendant and miss your hearing, the court will likely enter a default judgment against you for the amount the plaintiff proves.
To set aside a default judgment, you must file a motion to vacate using Form SC-135 within 30 days after the clerk mails you notice of the judgment. You'll need to show good cause for your absence, such as never receiving notice, experiencing a medical emergency, or other circumstances beyond your control. Simply forgetting or having schedule conflicts typically won't constitute good cause.
California small claims judges can announce decisions in several ways. Some judges announce their decision immediately at the end of the hearing, which occurs in straightforward cases where the evidence clearly favors one side. However, most judges take cases under submission and mail written decisions to both parties, typically within 10 to 14 days after the hearing.
This approach allows judges to review notes and evidence more carefully. The decision will be mailed to the addresses on file with the court, so ensure your current address is correct. Once you receive the decision, the judgment becomes final after 30 days if no appeal is filed. If a decision seems delayed beyond two weeks, you can contact the court clerk to inquire about the status.
Yes, many California small claims cases settle at the courthouse before or even during the hearing. Courts encourage settlement and many offer free mediation services where a neutral mediator helps parties negotiate. If you reach an agreement with the other party, you can ask the court to enter a stipulated judgment reflecting your settlement terms. This makes the settlement enforceable as a court judgment.
When negotiating settlement, consider the strengths and weaknesses of your case, the costs and uncertainty of proceeding to hearing, and the likelihood of actually collecting any judgment you might win. A guaranteed settlement for less than your full claim may be better than an uncertain judgment. If you settle, get the terms in writing immediately. Specify the amount to be paid, the payment deadline, and what happens if payments are missed.
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