You, the "plaintiff," filed a small claims lawsuit because someone owes you money and won't pay it or has something that belongs to you and won't return it. Sometime after you filed the Summons and Complaint, the court clerk scheduled a trial date. Since then, the defendant - the person you sued - never offered to pay you, or "settle" the case. You even may have tried mediation - where a neutral third party tried to get you both to agree to a compromise - but that didn't work.
Now it's time for the case to go to trial and let a Wisconsin small claims court to decide if you win or lose. It's the day you've been waiting for. So, it's a good idea for you know how the trial process works and what you need to do to help make sure you win.
Both you and the defendant have to show up or "appear" for trial on the date and at the time scheduled by the circuit court. Be on time and be ready. Get to the courthouse at least one hour before the scheduled time, just in case the court is moving ahead of schedule or there's a problem with your paperwork.
Bring everything you've gathered to prove your case, like receipts and photographs. And, make sure your witnesses know where the court is, when they need to be there and what testimony they'll give (what they need to say). If possible, offer to drive them to the courthouse.
In some Wisconsin small claims courts, you and the defendant may be asked if you're willing to have the case go to a mediator to try and work out a settlement. If you both don't agree to mediation, or if you agree to it but you can't settle your dispute, the case will go to trial. Unless you or the defendant requested or "demanded" a jury trial, the case will be decided by a commissioner. This is someone, usually a lawyer, who's been assigned by the court to help with certain types of cases, like small claims cases. Sometimes, however, a circuit court judge may hear and decide a small claim case
The trial process itself is simple and straightforward:
- The court clerk will "call" your case, usually by its docket number and by your and the defendant's names. You, the defendant and any witnesses will be sworn in
- The commissioner will ask you to explain your case first. At this time, you'll also present your evidence (documents and photographs, etc.), and your witnesses should testify, too. Usually, the commissioner will ask you and your witnesses questions
- The defendant is then asked to explain why he shouldn't have to pay you or return the property to you. The defendant will present his evidence and witnesses at this time
- The commissioner may ask you, the defendant, or any witnesses more questions if she needs to clarify or understand something about the case
- With the commissioner's permission, you'll be given the chance to respond to each other's statements, ask each other questions, and question each other's witnesses
- The commissioner will decide who wins; the decision is called the "judgment." She may do this either immediately after everyone has testified, or she can take the case "under consideration," which means she needs more time to think about it. If that happens, you and the defendant will be notified by mail about the decision
The evidence you should bring to trial to support your claims or defenses includes:
- Documents such as contracts, notes, leases, receipts, work orders, bids and estimates, police reports and the like
- The damaged goods you're suing over, or photographs of the goods
- Photographs or illustrations that explain what happened, such as where a car accident happened
- Any letters, e-mail messages or other correspondence between you and the other party
As plaintiff, you have the burden of proof. That means you have to convince the commissioner that the defendant owes you money. Likewise, if you're the defendant and you filed a counterclaim against the plaintiff, you have to prove that he owes you money or that he has your property.
You should follow these general suggestions for courtroom conduct:
- Be on time for your trial, and dress as nicely as you can. This shows the commissioner that you're taking the trial seriously
- Stick to the issues in dispute when presenting your case
- Be polite at all times and don't interrupt the commissioner. Also, don't speak directly to the other party unless the commissioner gives you permission to do so
Failure to Appear
If neither you nor defendant show up at trial, the case will be dismissed. If you fail to appear at trial, the commissioner will dismiss your claim. If the defendant doesn't appear at trial, you win automatically. The commissioner will enter a judgment (called a "default judgment") awarding you the amount of your claim, or the property you sued for, plus your court costs or filing fees. In the case of a default, you still need to show the commissioner that your claim against the defendant is valid and that a copy of your Summons and Complaint was properly delivered to or "served on" him. Likewise, the defendant may be given a default judgment against you if he filed a counterclaim and you don't show up at trial to defend it.
Questions for Your Attorney
- Do I have to appear at trial even if I hire you to represent me in the small claims suit?
- I was in a car accident on my way to trial and I didn't make it in time. The commissioner dismissed my case. What can I do?
- A witness I need for my trial won't answer my phone calls or letters. Is there anyway I can make her show up at trial?