Trial of a Small Claims Case Hon. Richard Carpenter, Town of Moriah Hon. James F. O’Bryan, Town of Ticonderoga Hon. Barbara Seelbach, Town of Clinton, NYSMA Director Hon. Jonah Triebwasser, Town and Village of Red Hook, NYSMA third Vice-President

How often to we have to hold small claims court? We have to schedule at least one evening court session every other week for small claims hearings. 22NYCRR214.10 (a)

Jurisdiction: Who sues who for what? For money only (no specific performance.) Up to $3,000.00 in Town and Village Courts. Can not separate claims to come under the $3,000.00 cap. (Uniform Justice Court Act §1801)

Plaintiff can sue: an individual or corporation a municipality a public benefit corporation a school district a public library Must give notice of claim to public entity with in 90 days of the incident or there may be a motion to dismiss. (If plaintiff does not know defendant’s true name, plaintiff may proceed against the commonly used name and can amend later) UJCA §1814

Who can sue in small claims court? Individuals, 18 years or older (if under 18, parent or guardians can bring the action. )UJCA §1815 Municipal corporation, public benefit corporation, school district or library wholly or partially within the municipal corporate limit. (UJCA §1809)

Who can not sue in Town and Village small claims court (but can be sued?) Corporations Partnerships Associations or Assignees (they go to city court to sue.) UJCA §1809

Venue: Suit must be brought in the town or village where defendant lives, has an office or is employed. UJCA §1801

Fees (UJCA §1803) Claim is $1,000.00 or less - $10.00 fee Claims > $1,000.00 to $3000.00 - $15 fee Counterclaim – also a $3,000.00 limit; must be brought within five days of defendant receiving notice of claims - $3.00 fee. (UJCA §1803(c) )

Court serves the papers Clerk mails notice of claim by certified mail and regular 1st class. No return? Deemed served. UJCA §1803 22 NYCRR 214.10(e)

Jury trial - $10.00 fee and $50.00 undertaking UJCA §1806

The parties can both have attorneys if they wish - not required. A party can also be represented by a non-attorney where the interests of justice will be served, the representative is related to the party by consanguinity or affinity, the party can not represent him or herself due to age, mental, physical or other disability and the representative will not charge or accept a fee. UJCA §1815

True or False? If plaintiff/claimant fails to appear, the court can issue a bench warrant.

Just the facts . . . True or False? If defendant fails to appear, the court can issue a bench warrant.

If either party fails to appear . . . Open the record, wait an hour . . .

22 NYCRR 214.10(h) (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear at the hearing on the day and time fixed either in person or by attorney shall be held to be in default, except that no default shall be ordered if the defendant or his attorney appears within one hour after the time fixed. (Give both parties an hour to appear – best practice!)

Happy Trails to you! If plaintiff fails to appear, reopen the record after one hour and dismiss for failure to prosecute.

If defendant fails to appear . . . Reopen the record, and hold an inquest UNDER OATH!

The trial: (UJCA §1802) On the record! Administer the oath to every witness! Mark all exhibits for identification and in evidence, if appropriate!

Proof of damages (UJCA §1804) An itemized bill or invoice, receipted or marked “paid,” or two itemized estimates for service or repair are prima facia evidence of reasonable value and necessity of such service and repairs.

Order of the Trial: Opening statements (optional.) Plaintiff’s direct and cross (and any witnesses.) Defendant’s direct and cross (and any witnesses), if defendant decides to put on a case. Rebuttal and sur-rebuttal. Closing statements (optional)

Do substantial justice ! (UJCA §1804) Your decision: Do substantial justice ! (UJCA §1804) Submit within 30 days Practice hint: Don’t be Judge Judy; don’t bench your decision.

Questions? We will also have a Q&A after the mock trial.

and now for our show!