CAMPUS ENVIRONMENT CAMPUS CMAP FUEL BUYERS GROUP VICTORIES
NYPIRG CONSUMER PROTECTION PROJECT

CONSUMER VICTORIES


SIX STEPS TO GET YOU
THROUGH SMALL CLAIMS COURT

STEP TWO: Court Day or Night

The parties should arrive promptly for their day or night in court for a "Roll Call" to take attendance for all litigants. There are several possible outcomes for the Court Day or Night including: dismissal, default, adjournment, arbitration and trial. The claim is dismissed when the claimant does not show up. The claimant is awarded a default judgment if the defendant does not show up and the claimant presents a prima facie case in an inquest. An adjournment or postponement will be granted upon the request of either party if they need more time to prepare an effective presentation. In arbitration, the case is heard by a volunteer lawyer in an informal hearing where no transcript is kept and both parties give up their right to appeal. Arbitration hearings are held on the same day or night as the original scheduled date. In a trial, the case is heard by a judge in a courtroom and the proceeding resembles Judge Wapner's or Koch's "The People's Court." If the docket is too full and there are not enough judges available, the hearing may be adjourned to a later date. A court stenographer records all statements made by the parties and appeals are possible. However, the standards for appeals are high. If the docket is too full and there are not enough judges available, the hearing may be adjourned to a later date.

Go to STEP FIVE

 


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