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small claims procedure...

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DanXP

Junior Member
What is the name of your state? NJ

hi... i've never been involved in small claims before and now i have a court date in a few weeks... i have some questions that weren't available on that nj small claims faq...

i'm suing for $3k against the driver, his company and his company's insurance company for his truck smashing my car... should i have involved all 3?

thanks in advance...

are police reports admissible?

is there ever a jury or is it always a judge/mediator?

who else is in the courtroom besides judge and opposing parties?

is there an audience in the courtroom? can there be?

how long does it take for the case?

does the judge ask questions or does he just listen and then make a decision?

what is the order of testimonies? plaintiff first, then defendant?

after plaintiff speaks, can he speak again after both parties have spoken?

can we subpoena documents/persons?

can we postpone trial date?

is there a faq somewhere other than the government website that is more insightful?


thanks again... any help is greatly appreciated...
 


seniorjudge

Senior Member
http://www.consumeraffairs.com/consumerism/small_nj.html

Q: i'm suing for $3k against the driver, his company and his company's insurance company for his truck smashing my car... should i have involved all 3?

A: You have no contract with the insurance company so your suit against them will be thrown out.




Q: are police reports admissible?

A: Yes, rules of evidence are pretty relaxed in small claims.


Q: is there ever a jury or is it always a judge/mediator?

A: Judge/mediator


Q: who else is in the courtroom besides judge and opposing parties?

A: Bailiff, drifters, janitors, clerks, somebody's bratty kid, the secretary who never seems to do any work, etc.


Q: is there an audience in the courtroom? can there be?

A: See above.


Q: how long does it take for the case?

A: Too long.


Q: does the judge ask questions or does he just listen and then make a decision?

A: Depends on the jduge.


Q: what is the order of testimonies? plaintiff first, then defendant?

A: The person who claims the damages (plaintiff) usually goes first; if he can't prove his case, it's bye-bye and on to the next case.



Q: after plaintiff speaks, can he speak again after both parties have spoken?

A: Yes, at least it's possible.


Q: can we subpoena documents/persons?

A: Yes.


Q: can we postpone trial date?

A: Maybe one time; it is small claims and supposed to be quick.
 

DanXP

Junior Member
thank you so much... i just have one more question...

the plaintiffs are my father and sister... my sister will be out of town and my father's english isn't very good...

can i represent them in court even though i'm not an attorney?

thanks again...
 

seniorjudge

Senior Member
DanXP said:
thank you so much... i just have one more question...

the plaintiffs are my father and sister... my sister will be out of town and my father's english isn't very good...

can i represent them in court even though i'm not an attorney?

thanks again...
Clear this with the court clerk BEFORE you go to court; sometimes this is allowed.

Also, if you can speak your father's language, you can be sworn in as a translator and do that for him.

Finally, if you cannot speak the language, ask the court clerk if a translator is available.
 

JETX

Senior Member
seniorjudge said:
are police reports admissible?
Yes, rules of evidence are pretty relaxed in small claims.
Correct answer: NO. Written statements, including police reports, are NOT admissable in the NJ small claims court.
The following is from a NJ court site:
If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if under oath, is not admissible in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance.
http://www.judiciary.state.nj.us/civil/civ-02.htm#PrepTrialSC

I suggest you read the police report and see if there are any witnesses listed in it. If so, contact them and subpoena if necessary. Their testimony is FAR more valuable than a non-witness police report.

is there ever a jury or is it always a judge/mediator?
A: Judge/mediator
Correct Answer: You can request a jury trial. If you don't, the case will be heard first by a mediator.... and if not able to resolve that way, by a judge.

From the NJ website:
On the day scheduled for trial, the court may help you settle your case through mediation by a trained mediator. The mediator will try to help the plaintiff and the defendant reach a satisfactory agreement. The mediator is not a judge. If a settlement cannot be reached, your case likely will be heard by the judge on the same day.
http://www.judiciary.state.nj.us/civil/civ-02.htm

after plaintiff speaks, can he speak again after both parties have spoken?
Yes, at least it's possible.
Correct answer: Yes... no 'possible' to it.
The plaintiff (you) present your case. Assuming the defendant shows up, he will then presents his 'defense' to your claim. You will have a chance to respond to the defendants presentation. At any time during this, the judge (in small claims) can and will likely ask questions. The judges main task is to 'ferret' out whatever facts are the most likely.
 

seniorjudge

Senior Member
seniorjudge said:
...
Q: are police reports admissible?

A: Yes, rules of evidence are pretty relaxed in small claims.
...
DanXP, in case you need it, here is the law showing admissibility of police reports (and, of course, other public records), in courts in New Jersey.

http://www.njlawnet.com/njevidence/1005.html

ARTICLE X. CONTENTS OF WRITINGS AND PHOTOGRAPHS

RULE 1005. PUBLIC RECORDS

The contents of an official record or of a writing authorized to be recorded or filed and actually recorded or filed, if otherwise admissible, may be proved by a copy, certified as correct in accordance with Rule 902, or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, other evidence of the contents may be admitted.
 

JETX

Senior Member
seniorjudge said:
DanXP, in case you need it, here is the law showing admissibility of police reports (and, of course, other public records), in courts in New Jersey.
Simple answer...
Go ahead and present the police report. The court will determine its 'weight' if any.
Some states (and I believe NJ is one of them) don't admit them in small claims. One of the reasons is that the report is simply an officers determination of POSSIBLE facts that he did not witness, making some/most of it 'hearsay'. Also, since it is written form, it cannot be 'cross-examined' for errors or inaccuracy.

That is why I suggested it is IMPERATIVE to subpoena any witnesses who can testify as to their PERSONAL and DIRECT knowledge.
 

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