Small Claims Court: What to Wear, How to Act, and When to Arrive

Mom was right. There are times you need to tone it down, clean it up, stand up straight and pay attention. Here are some tips to help ensure the judge hears what you have to say in small claims (or any other) court, instead of being distracted by extraneous matters. Review the informational brochures or fact sheets available from the court clerk's office to decide what the content of your actual argument should be.

Tops Ten Tips For Court:

1. Take a shower before you go to court. No, really, take a shower. This kind of advice should be unnecessary, but I once heard a judge lecture a small claims litigant about the stench that followed him into the courtroom. Do you think the judge listened attentively as this individual talked about his case? I think the judge tried his best, but he clearly wanted to move on to the next case as soon as possible. So did everyone else in the courtroom.

2. Dress conservatively. You need not wear a suit, dress or formal pantsuit, but this is not the day to wear your favorite Mickey Mouse T-shirt. When the judge looks your way, you don't want the words "Mickey Mouse" or cartoon theme music running through his or her mind. If you wear a T-shirt, choose a freshly laundered one that doesn't have any pictures, words or saloon logos on it.

3. Don't chew gum or tobacco products while in the courtroom. Spittoons are no longer a part of the average courtroom's furnishings; take the hint. Be sure to turn off your cell phone, and remove your hat or cap when you enter the courtroom.

4. Be on time for court. Small claims court moves quickly and there are typically a number of cases to be heard in a brief period of time. If you are not in the courtroom when your case is called, the court may enter judgment against you or you may have to return another day.

5. Stand up when the judge enters and leaves the room. The court bailiff (often a deputy sheriff) will usually let you know when this is appropriate by shouting, "All rise!"

6. Stand up whenever you are talking to the judge. This is what the judge expects lawyers to do, so you do it, too, when you represent yourself.

7. Try your best to be courteous to everyone. This may be difficult if you loathe the person on the other side of the case, but try. Acting in an angry, sarcastic or sullen manner will not help your case. The judge understands that the two sides do not agree; that is why you are in court.

8. While the court (the judge) is listening to your case, direct your comments to him or her, not to the other side. Don't interrupt anyone, and wait your turn to speak. Formal rules of evidence usually do not apply in small claims proceedings, so don't worry about making objections. When it is your turn, speak clearly and loudly enough to be heard.

9. Don't use profanity or obscene language in the courtroom, unless you are quoting exactly what someone else said and it is relevant to your case.

10. When you are talking to the judge, address him or her as "Your Honor." You may think it sounds gaudy or ostentatious at first, but respect the role of the judge with this bit of formality even if for some reason you do not respect the individual judge.

Why Should You Bother? Here's Why:

The formality and procedures of the courtroom, even for small claims cases, are intended to create some restraint and distance between people who may behave in a way that is petty, hostile or insulting toward each other outside of court. The judge needs to maintain some formality, even in small claims court, to keep control of the proceedings.

We have courts as an alternative to people settling disputes with fists, guns, knives and baseball bats. Do your part to support the function of the courts by following these tips. They may even help you win a favorable result!