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Most small claims matters will have a first appearance and a case management conference before a trial. These informal hearings are meant to keep the process on track and try to settle the matter.
A first appearance is usually the first hearing in a Small Claims Court matter. The court date on the summons will be for a first appearance if the judge thinks it would be beneficial for the parties. The first appearance is a short meeting where the judge makes sure everything is in order. If so, the judge will typically schedule a case management conference.
If the plaintiff does not attend, they may have their case dismissed. If the defendant does not attend, judgment may be entered against them. Judgment can also be entered against a defendant if they have not filed a reply and paid the filing fee. For judgment to be entered against a defendant, the party who made the claim must prove service of the claim.
A case management conference (CMC) is required before a date is set for trial unless the judge thinks it is not necessary. The purpose of the CMC is to try to settle some or all of the issues. In some cases, this may mean that a trial is not necessary. In other cases, it may mean that the trial will be shorter and simpler. If all the issues cannot be settled at the CMC and a trial is necessary, the CMC will be used to prepare for the trial.
The CMC takes place at the courthouse. All parties to the action must attend the CMC and must have the authority to settle the matter.
You may bring a lawyer or agent to the CMC. Witnesses are not required and should not be brought to the CMC unless the judge has permitted it. You may bring a support person with you, but it will be up to the judge to decide who remains in the case management conference room.
If you do not attend the CMC, your claim, reply, counterclaim or third party claim, as the case may be, may be dismissed or judgment may be entered against you.
If the judge directs that the matter proceed to trial, a date may be set at this time. Bring your personal calendar and be familiar with the availability of your witnesses.
All documents that you will rely on to support your case should be filed with the court and served on the other party well before the CMC. Serving the documents ahead of time can prevent delays that may be required if one party has not been fully informed about the case before the CMC. You must organize and bring all documents to the CMC even if you have already served them on the other party or parties.
Review your case and the other party's case and try to anticipate the questions you may be asked. If the other party does not attend the case management, you may be in a position to obtain judgment or have the case dismissed. Be prepared to present your case and produce relevant documents to support your case.
At the CMC, both parties tell the judge about their case. Sometimes the judge will meet with each party separately. The procedure for a CMC can vary from case to case. You will be encouraged to discuss the issues in an open but courteous manner. Direct your remarks to the judge rather than the other party. How long a CMC lasts can vary from 45 minutes to 2 hours.
During the meeting, the judge may give the parties input concerning their case including the judge's:
A CMC may be continued to another date if one or both parties come unprepared. The judge may also decide that further discussions or actions may assist in possible settlement. It can also be continued if more discussions are needed before the parties are ready for trial.
There are rules that allow the parties to speak freely during the CMC without harming their case should it proceed to trial. The judge who conducts the CMC will not be the trial judge if the case goes to trial. All settlement discussions, including the opinions of the judge, are "off the record". This means they cannot be used as evidence if the case goes to trial. The trial judge will only be told of any points of agreement reached by the parties reached during the discussion.
After receiving input from the judge, the parties may choose to settle their claim on any terms that they agree to.
Your settlement may be recorded as an agreement or as a final judgment of the court. If lawyers are involved, the judge may ask them to complete the necessary settlement documents. Court proceedings may be adjourned until the settlement is complete.
If the parties do not agree to a settlement, the CMC will be used to set a trial date and prepare for trial. The judge will give each party a Preparing for Trial package and also give an overview of the trial process.
The parties must give the judge information about the trial including:
The trial judge may award certain costs if the matter could have reasonably been settled in the CMC but was not.
If the matter is not settled, the judge will discuss trial management including such things as:
The parties are free to continue to try to settle the matter on their own. If the matter is settled, the plaintiff should notify the court in writing.
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