HOW IS A TRIAL CONDUCTED?
The claimant's case is presented first. After being sworn as a witness, the claimant will tell his or her version of the incident. All papers or other evidence should be shown at this time. When the claimant has finished testifying, the judge or arbitrator or the defendant may ask some questions to clarify matters. Other witnesses can be presented in support of the claimant, and they, too, can be questioned by the judge or arbitrator or the defendant.
The defendant then will be sworn and tell his or her side of the story and present evidence. The defendant also may present other witnesses. The claimant or the judge or arbitrator may ask questions of the defendant and the witnesses called by the defendant.
If you are suing a business, be certain to ask the defendant's witness the full and correct legal name of the business and the name of the person who owns the business. If the name of the business is different from the name you wrote in your notice of claim, ask the judge or arbitrator to make any correction in the name on your notice of claim.
After all the evidence is in, the judge or arbitrator will consider the evidence and render a decision. The decision will be mailed to the parties within a few days of the hearing. In rare cases, the decision may be announced immediately after the trial.
DISCLOSURE OF ASSETS
It is your responsibility to collect information on the defendant's assets in the event you receive a judgment in your favor and the defendant does not pay you. [See "How Can I Collect My Judgment?"]
The court has the power, before entering judgment, to examine the defendant, to order the defendant to disclose his or her assets, and to restrain the defendant from disposing of those assets.
