You can choose a jury in small claims court.Make sure to check with the court clerk to make sure you follow the rules for requesting the jury.To pick a jury, you need to analyze who you think will be sympathetic to your case and try to excuse potential jurors who might be biased.You will need to practice opening and closing statements, as well as give the judge a set of jury instructions.
Step 1: You can ask for a jury trial.
Not every small claims court will allow a jury trial.A bench trial is a trial where the judge decides the verdict.A jury trial is an option if you choose to go to small claims court.Ask the court clerk.Either party can request a jury trial in some states.The person bringing the lawsuit can't request a jury trial in other states.The jury trial may be held in small claims court.The case will be transferred out of small claims to the regular civil courts in some states if you request a jury.
Step 2: Tell us why you want a jury trial.
Why do you want a jury to hear the case?It is easier for the judge to decide the case.You will have to question and select jurors if you request a jury trial.You need to be sure of your reasons for requesting a jury.You might want a jury because you think they will be more sympathetic to you.That could be true, depending on the case.The juries tend to be sympathetic to small business owners.If you are suing a small business, you might not want a jury trial.If you are a small business owner being sued, a jury trial might make sense.A bench trial might be better if the issues are complicated.Judges focus better than jurors.
Step 3: A jury trial is needed.
Depending on the court, the process for requesting a jury trial is different.You need to include your request for the jury in your complaint in Illinois.At their first appearance in court, a person can request a jury trial.You might have to submit more than one document.There is a pamphlet that explains small claims court procedures.The jury in New York must decide the factual dispute and the defendants must affirm that the dispute is in good faith.Make sure you pay attention to your deadlines.If you wait until the day before your trial, you can request a jury.You have to make your request within a certain number of days after you receive the notice of claim.You won't be able to request a jury if you miss the deadline.
Step 4: You have to pay a fee.
You don't usually get the jury free.The fee is set by the court and will vary depending on where you bring your case.You have to pay a $5 fee in Dallas County, Texas.You have to pay a $55 fee to request a jury trial in New York.
Step 5: If possible, withdraw your request.
You might not want a jury trial after all.The court will determine the process for withdrawing your request.The other side must agree in order for you to withdraw your request.
Step 6: Prepare by watching a trial.
You should attend a small claims court trial to learn about jury selection.Courthouses are usually open to the public, so check the court's calendar to see when cases are heard.Go to the courthouse and sit quietly in the back with a notepad.Potential jurors are asked questions by the judge.The parties to the lawsuit can ask questions in some courts.Understand the jury selection process.If you get a lot of peremptory challenges, you can keep them off the jury without giving the judge a reason.You can ask the judge to excuse a juror for cause.If so, jury selection might be more frequent in a regular civil court trial.
Step 7: Look for potential jurors.
On the day of your trial, court personnel will pick a group of potential jurors from a jury pool.You will probably get a list of their names.You might want to do quick research on these people if you have time.You can check if they have a social media account.One juror recently complained about her home repair.If you are suing a carpenter, this person would be a great asset to your jury.You don't want your phone going off in court, so you might not want to do research unless you can completely turn it off.It's still annoying when most phones buzz.Outside of the court room, a friend or family member can do research if they attend your trial with you.
Step 8: Analyze the jurors.
Potential jurors will be asked if they have ever served on a jury.You could ask the jurors questions if the judge allows it.You can learn a lot from jurors' answers and body language.Ask about experiences that are relevant.A juror who has had a bad experience with a doctor is a great juror.If you are a vet, they would make a terrible juror.If your case is complicated, you might want jurors with higher education.Don't forget to pay attention to body language.The juror will probably be asked if they can be fair by the judge.A juror who looks away or answers "yes" in a grudging manner is probably lying.
Step 9: You should exercise your challenges.
If a juror admits to being biased or knowing the other side, ask the judge to excuse them.There is an unlimited number of for cause challenges.It is not possible to challenge someone for cause simply because they might be biased.A potential juror needs to know that the person you are suing is a nurse.One of your peremptory challenges should be used when you have a gut instinct that someone isn't fair.Peremptory challenges cannot be used in a way that is discrimination.It is not possible to exclude jurors based on race, ethnicity, or sex.Make sure you have a non-discriminatory reason for using the peremptory challenges.The judge will ask what the real reason is.You should be able to say that she said she was married to a doctor.
Step 10: Find jury instructions.
You may have to submit jury instructions to the judge.It can take a long time to pick the right jury instructions.The judge doesn't need to be instructed on the law in a bench trial.Look to see if your state has jury instructions.The instructions are created by your state's bar committee.If you type "your state" and "pattern jury instructions", you can see if any are online.You can visit your nearest law library if you can't find them online.The instructions could be on paper.All relevant instructions should be chosen by you.This can be difficult if you are not a lawyer.You will want a negligent instruction if you are in a lawsuit.You should consult with a lawyer if you don't know what to pick.Lawyers cannot represent you in small claims court, but they can help you prepare your case for the best outcome.Pick the ones that seem most relevant from the pattern instructions.The judge will make the final decision on which instructions to give the jury.
Step 11: Your opening statement should be practiced.
Bench trials are similar to jury trials.The opening statement is different.You will need an opening statement for a jury trial in many bench trials.A sneak peek of the evidence you will present is provided by your opening statement.List all of the witnesses you will call.Explain in a few sentences why you are calling them.You could call your real estate agent a witness because she heard the home seller say the roof was new.The order in which you will call the witnesses should be organized.Inform the witnesses what they will say.You will hear from a real estate agent namedRosa Smith.She will testify that the roof was put on just that year.Improve your pacing and eye contact with your audience.
Step 12: You can draft a closing argument.
You can make a closing argument after all the evidence has been presented.This is the time for you to show how the evidence supports your side of the case.If you type up a page of text, don't read it to the jury.Don't memorize it either.If you need to refer to your argument, outline it in bullet points.Begin and end with your strongest arguments.Take your notes to court.You can remember to mention the new information in your notes if a witness says something surprising.
Step 13: If you need assistance, contact an attorney.
People don't need lawyers in small claims court.You might have a lot of questions and not know where to get answers.Court personnel can't give you legal advice or tips for trial strategy, so if you need someone to bounce ideas off, you should find a lawyer.Contact your local or state bar association to get a referral to an attorney.Ask the attorney how much it will cost for a consultation.You might be able to get legal aid if you are low income.You can find the nearest legal aid office by visiting http://www.lsc.gov.