§5.13 Preliminary Instructions

Persons appearing in small claims court may never have appeared in court before. They are probably uncertain and anxious. They may be angry at the other party. They need direction as to how the court operates, how cases are heard and proceed, and how parties are expected to behave. You should provide this direction with some instructions at the beginning of the court session. Your approach should be judicious but informative and friendly. It should set an example of appropriate behavior in the courtroom.

Although the bailiff or clerk may give some instructions before you appear, instructions from you, as the judge and the person who will decide the case, have the most weight. Consider giving instructions about:

• General behavior in the courtroom—quiet, no food, and so on;
• How the calendar will be called;
• Where parties and witnesses should go when their cases are called;
• How to present exhibits;
• How testimony will be presented and who will question witnesses;
• Not interrupting the court or other parties; and
• Your policy on ruling from the bench or later, by mail.

Click here for sample opening instructions that you may print out.	Watch a video clip of Judge Florence Cooper giving preliminary instructions in a hypothetical small claims case.
You may have the clerk administer an oath to all parties and witnesses at the beginning of the court session to avoid delays later. You may also have parties mark and exchange exhibits at the beginning of the session to give them an opportunity to examine each other’s documents and to avoid delays at the start of each hearing.	(Start video by clicking the Play button.) transcript Help With Video