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How Should You Prepare for Trial?

The Plaintiff has the burden of proving their case before the Judge at Trial.  The Plaintiff should bring with them any important documents related to their case that can be used as evidence.  They may include, but not limited to, cancelled checks, receipts, bills, correspondence, messages, contracts, leases, and reports.  The Plaintiff is responsible for arraigning to have witnesses appear to testify on their behalf.  You must inform them of the date, time, and place of the Trial.  If a witness does not want to appear voluntarily, then you may ask the Clerk to issue a Subpoena, or a Court order, directing them to appear before the Court.  Your witness' failure to appear will not ordinarily  constitute good grounds for a postponement or continuance of your case.

The plaintiff bears the burden of proving their case by a "preponderance of the evidence".  This is a balancing test by which the Judge weighs the probabilities of accuracy of each party's respective claim.  The Plaintiff's evidence must be greater in order to be successful in the Trial.  Therefore, if your suit involves a complex piece of machinery, a defective car, or an appliance, you may wish to bring an expert witness to testify at your Trial. You may also wish to consult an attorney regarding Trial preparation even if you intend to handle your own case.

If a settlement is reached prior to Trial you must notify the Clerk's Office in writing immediately.  You must also notify the Clerk's Office in writing to seek a continuance.  Continuance requests do not reflect the consent of the opposing parties and are not automatically granted.  A continuance request must be supported by good cause.

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Last modified: 04/14/08