Chapter 18
Surviving the Trial
In This Chapter
Preparing for your day in court
Mastering small claims court
Presenting a winning case
Avoiding common traps in cross examination
From small claims court to the big leagues, taking a case to court requires that you prepare a legal case and tell your story to a judge or jury. Testifying in court is a unique experience where you’re able to share the truth as you understand it and try to impress upon the court that your statements and perceptions are accurate.
No magic formula exists for winning in court. Sure, a skilled trial lawyer may appear to spin straw into gold, transforming weak evidence and dubious testimony into a compelling case. But what you’re really seeing is preparation. With a basic understanding of court procedures, confidence in your case, a commitment to truth, and yes, a lot of preparation, you can be an effective witness and small claims litigator.
Prepare, Prepare, Prepare!
Whether you’re headed to trial before a judge or a jury, the court wants to hear both sides of the story. To fully respond to the defendant’s version of the story, you need to know that version as well as you know your own.
Preparation starts with your collections file, which you should know backwards and forwards. Review every document in your file, including invoices, credit memos, debit memos, credit applications, and statements of account. You should be very comfortable explaining all these documents to the court.
Another big part of trial ...
