§5.15 The Hearing

You may adopt your own style for conducting the hearing. For example, you may first read the claim out loud. You may then ask the plaintiff to tell his or her story or state his or her case. You should use questions to bring out relevant facts that are not forthcoming or to bring the witness back to the point. Then ask the defendant to present his or her case. You should listen to parties carefully to allow them their day in court, but not waste time by allowing long, irrelevant monologues.

Avoid sharp cross-examinations or questioning a witness’s credibility. Your questions should be as neutral and open-ended as possible to avoid the appearance that you favor one side over the other. It is rarely helpful, dignified, or appropriate to call a witness or a party a liar. If you disbelieve a witness’s testimony, that goes to the sufficiency of the evidence. Your ruling can reflect that insufficiency without the need for you to expound.

Try to explain legal concepts in a manner a layperson can understand. You may suggest compromises or a payment schedule if money is clearly owed. Even though you may make suggestions, it is important that you not give legal advice or even appear to give legal advice to one side or the other.

To be an effective small claims court judge, you must be patient, informative, flexible, and attentive, and you must treat all parties courteously and equally. [See §1.02.]

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