Trial of the Case

Overview of Trial

  1. The plaintiff testifies and presents his or her evidence first.
  2. The defendant then has an opportunity to cross-examine the plaintiff.
  3. Each of the plaintiff’s witnesses testifies and is questioned.
  4. The defendant’s case is presented in the same order.
  5. Cross-examination of a witness is a series of brief questions and answers. It is not a conversation. It is not an argument. It is not the time for the party asking questions to testify.
  6. Written statements, such as repair estimates, even if sworn to or notarized, are generally not accepted as evidence. The person himself or herself should testify live.
  7. In many cases, the judge will not decide a case immediately after the evidence is heard. Ruling is reserved so that the evidence can be reviewed, just as a jury deliberates in a case. A copy of the Judgment will be mailed to all parties.