2024-04-18

Day of the small claims court to the verdict

What to keep in mind on the day of the trial

O On the day of the trial, you must arrive at least 30 minutes before the time listed on the notice. It is absolutely necessary to pass through the security check and find the assigned courtroom. The small court is a strict court, a solemn place where people who have sworn that they will tell the truth. In addition to polite and well-groomed attire, judges, arbitrators, court staff, and other parties should be treated with deference.

Calendar confirmation and pre-trial waiting

W When you arrive at your assigned court, you must first check the calendar on the wall. This schedule lists the events that will take place on the same day. You should find the surnames of the claimant and defendant in this list, and you should make sure that the information is correct. If you can’t find information about the case on your schedule, you should contact the court staff immediately. At the specified time, the court clerk will announce the case number and name. When your name is called, you can get up from your seat, say your name, and say “Ready.” If you are not ready to start and need more time to prepare, you should answer “Application.” If both sides are ready, the trial will begin and determine who will be tried by the judge or the arbitrator.

Trial: Evidence Submission and Testimony Process

I In the trial, the claimant shall first express his or her position. The claimant may make his or her claim by proving the damage he or she has received. In addition, after making a pledge to tell only the truth, reconstruct the case from the claimant’s perspective. Accordingly, evidence shall also be presented. At the end of the claimant’s testimony, the judge or arbitrator may ask a number of questions. Other witnesses likewise make a pledge and testify. After the claimant’s evidence is presented, the defendant makes a pledge and becomes a witness to his or her position. The defendant may also present evidence or call witnesses, and the judge or arbitrator may ask questions about them.

Final verdict delivered by mail

A After both the claimant and the defendant have presented evidence, the judge or arbitrator usually holds the judgment. A “ruling hold” means that a judge or arbitrator needs time to review the evidence presented before making a ruling. Therefore, the verdict will be delivered by mail to both sides after the trial. In exceptional cases, a judge or arbitrator may issue a judgment on the spot as soon as the trial is over.

If the ruling cannot be accepted, apply for appeal within 30 days

I If the ruling cannot be accepted, anyone has the right to appeal it. However, it is quite difficult to overturn the ruling through an appeal. Because the appeal is not about re-doing the trial from the beginning, it is about reviewing what errors or mistakes were made during the trial process. To appeal, an appeal application must be filed within 30 days of receiving the ruling. If a decision is made to ask for restitution, you can pay the other party, deposit the money in a small court, or apply for a bond. This is a system to ensure that restitution is secured in advance, even if it loses on appeal.

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