EveryBody's Guide to the Law

Ms. Davis: Yes, sir. [To avoid wasting time swearing in each party and witness, in small claims
court the court clerk generally will swear in everyone at one time just before the judge takes the
bench.]
Judge: Then please tell me what you saw, Ms. Davis.
Ms. Davis: I had just finished helping another patient when I heard a loud “thud” come
from the parking lot. I looked over and saw Mr. Stanton’s car wedged against the side of
Mr. Wilson’s car, which was parked. Mr. Stanton then drove away without stopping to
leave a note or anything.
Judge: Are you sure it was Mr. Stanton driving?
Ms. Davis: Yes, Your Honor. Mr. Stanton is also a patient of Dr. Marks. He has been coming
for years, and I am also familiar with his car. I got a good look at the driver and it was
Mr. Stanton.
Judge: Thank you, Ms. Davis. Mr. Wilson, do you have anything more to say?
Mr. Wilson: Yes, Your Honor. I have two eight-by-ten-inch photographs showing the damage
to my car that I would like to show you. [Hand the pictures to the bailiff, who will give
them to the judge.] I also have two written estimates for the repair work, Your Honor. One
is for $2,500 and the other is for $2,350. [You should have attached a copy of the repair estimates
to your complaint. If not, hand the two estimates to the bailiff to give them to the judge.]
Judge: Do you have anything to add, Mr. Wilson?
Mr. Wilson: No, Your Honor, that is all.
Judge: Thank you, Mr. Wilson. Mr. Stanton, what do you have to say?
Mr. Stanton: The only thing I have to say is that I didn’t hit his car, Your Honor. It was
somebody else. And even if I did hit it, I certainly didn’t do $2,500 worth of damage. I
might have scratched it a little, but that’s it.
Judge: Well, these photographs show significant damage, and the repair estimates are for
more than a little scratch.
Mr. Stanton: His car may already have been damaged and he’s trying to make me pay the
whole thing.
Judge: Mr. Wilson, was your car damaged before the date in question?
Mr. Wilson: No, Your Honor. It was in perfect shape. In fact, I had just had it painted six
months before the accident.
Judge: Do either of you have anything to add to your presentations?
Mr. Wilson: No, Your Honor.
Mr. Stanton: No, sir.
Judge: Thank you. That is all. You should receive my judgment in the mail in two or three
days.
The judge most likely would find in Mr. Wilson’s favor and award him at least $2,350, the
lower of the two estimates. If Mr. Wilson already had had the car fixed, he would have brought
458 Everybody’s Guide to the Law