Trial

Small claims court is built for people who are not lawyers. The rules are simpler, the process is less formal, and you can explain your side in your own words. The judge knows most people are representing themselves and may ask questions to understand the case. Feeling nervous is normal. The sections below explain what to expect and how you can prepare.

Preparing for Trial

  • •        Photos, written agreements, texts, emails, letters.

    •        Itemized bills, receipts, invoices, canceled checks, proof of payment, damaged items.

    •        Repair or service claims: bring 2 signed, itemized written estimates.

    •        Ask the Clerk what format is needed for audio/video evidence.

  • •        A witness can be you, someone with direct knowledge, or an expert witness.

    •        You generally pay an expert witness yourself; a subpoena cannot force an expert to testify.

    •        If a witness won't come voluntarily or won't hand over records, ask the Clerk to issue a subpoena.

    •        Subpoenas must be served before trial — give the witness at least 2 days' notice.

    •        Witnesses are owed a $15 fee (plus mileage, if applicable) paid when the subpoena is served.

  • •        If you and the other side agree beforehand, notify the Court Clerk in writing and include a copy of the settlement.

    •        Need more time to finalize an agreement? Ask the Court for an “Adjournment Pending Settlement.”

  • •        Every NY county has a free Community Dispute Resolution Center.

    •        Tompkins County: 607-273-9347.

What Happens at Trial

  • •        Arrive early — you may need to go through security and find your courtroom.

    •        Look for the small claims calendar posted outside the courtroom; find your name and the defendant's.

    •        When your name is called: stand, state your name, and say “Ready” — or “Application” if you need to ask for a postponement.

  • •        A judge, or in some courts an arbitrator (an experienced attorney) or a mediator — ask the Clerk what Ithaca City Court offers.

    •        Arbitration decisions are binding and cannot be appealed (though a limited “trial de novo” may be available — see Appeals).

    •        Jury trial: only if the defendant demands one and pays the jury fee plus an additional fee.

  • •        You (the claimant) go first: tell your story, present evidence. The Court and defendant may ask questions.

    •        Your witnesses testify under oath.

    •        The defendant then tells their side, presents evidence, and their witnesses testify.

    •        A decision is usually mailed within 30 days — it's rare to get an answer on the spot.

  • •        Claimant absent → case dismissed.

    •        Defendant absent (after a 1-hour grace period) → the Court can hear the case anyway and enter a default judgment.

Special Situations

  • •        The defendant can file a counterclaim, capped at the small claims dollar limit, for a small filing fee.

    •        If they file it more than 5 days after being notified of your claim (but before trial), you can ask to postpone — the judge must grant it.

    •        If they file it on the trial date itself, you can still ask for a postponement, but the judge may say no.

  • •        You must notify the agency in writing within 90 days of the injury or damage — separate from, and before, filing your court claim.

    •        Miss the 90-day window, even by a day, and your case can be dismissed.

    •        After notifying the agency, wait 30 days (unless they respond sooner) before filing in court.

    •        Overall deadline to file in court: 1 year + 90 days from the date of injury/damage.

    •        You cannot sue the federal government or a NY State agency in small claims court — that goes to the NYS Court of Claims.

  • •        Contact the Court to ask — rules vary by court, and a postponement is not guaranteed.

    •        If you can't attend and don't get a new date: your case may be dismissed (if you're the claimant) or decided without you (if you're the defendant).