Trial
The trial is the central event in any civil case. In Justice of the Peace Court, trials are designed to be informal hearings where parties can present their case without the rigid procedural requirements of district court.
Before Trial
Section titled “Before Trial”Setting the Trial Date
Section titled “Setting the Trial Date”A trial date may be set in two ways:
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At Filing: The JP may set the trial date when the petition is filed. The first scheduled trial date must be not more than 45 days, nor less than 10 days, from service of citation.
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After Answer: If no trial date was set at filing, any party may file a written motion to set trial after 15 days from when the defendant’s response was due. If neither party requests a trial date, the JP must give notice of trial within 45 days of the answer being filed.
Notice of Trial
Section titled “Notice of Trial”All parties must receive proper notice of the time and place of trial. A JP may not proceed with trial or render judgment without proof that an absent party received notice.
Notice may be served by the constable or through registered or certified mail.
The Informal Hearing
Section titled “The Informal Hearing”Role of the Justice of the Peace
Section titled “Role of the Justice of the Peace”Unlike district court trials where the judge acts as a neutral referee, the JP has an active role in developing the facts of the case:
- Conduct an informal hearing — Less formal than district court
- Develop all necessary facts — Actively question witnesses and parties
- Take testimony — May call any party as a witness on the court’s own motion
- Encourage settlement — May attempt to mediate disputes and encourage fair settlements
Relaxed Rules of Evidence
Section titled “Relaxed Rules of Evidence”The technical rules of evidence are relaxed in JP Court:
- All relevant evidence is admissible — Including hearsay
- General reliability standard — The JP must be satisfied of the evidence’s general reliability
- Competent evidence required — The judgment must still be founded upon competent evidence
This does not mean anything goes — the JP still evaluates credibility and reliability of all evidence presented.
No Discovery
Section titled “No Discovery”Depositions, interrogatories, and other discovery proceedings are not available in JP Court except upon approval of the court. Discovery is granted only upon notice, good cause shown, and limited to the necessities of the case.
Order of Trial
Section titled “Order of Trial”1. Opening
Section titled “1. Opening”The JP calls the case and confirms all parties are present. If a party is absent, the JP verifies proper notice was given.
2. Plaintiff’s Case
Section titled “2. Plaintiff’s Case”The plaintiff presents first:
- Testimony — The plaintiff testifies about the claim
- Documents — Contracts, receipts, photographs, and other exhibits
- Witnesses — Anyone with relevant knowledge
The defendant may cross-examine the plaintiff and witnesses.
3. Defendant’s Case
Section titled “3. Defendant’s Case”The defendant then presents:
- Testimony — The defendant’s version of events
- Documents — Evidence supporting the defense
- Witnesses — Including character witnesses if relevant
The plaintiff may cross-examine.
4. Rebuttal
Section titled “4. Rebuttal”The plaintiff may offer rebuttal evidence to respond to the defendant’s case.
5. JP Questions
Section titled “5. JP Questions”The JP may question any witness at any time to clarify issues or develop facts.
6. Closing
Section titled “6. Closing”Each party may summarize their position.
Burden of Proof
Section titled “Burden of Proof”Plaintiff Bears the Initial Burden
Section titled “Plaintiff Bears the Initial Burden”The plaintiff must prove their case by a preponderance of the evidence — meaning the plaintiff’s version is more likely than not to be true.
- If the plaintiff’s evidence tips the scales even slightly in their favor (51% or more likely), the plaintiff has met the burden
- If the plaintiff fails to meet this burden, the defendant wins — even if the defendant presented no defense
- “The tie goes to the defendant”
Burden Shifts to Defendant
Section titled “Burden Shifts to Defendant”If the plaintiff meets the initial burden, the defendant must then prove any affirmative defenses by preponderance of the evidence.
Credibility Matters
Section titled “Credibility Matters”The party with more witnesses does not automatically win. The JP evaluates:
- Credibility — Does the witness appear truthful?
- Reliability — Is the testimony logical and consistent?
- Bias — Does the witness have a stake in the outcome?
- Corroboration — Is the testimony supported by documents or other evidence?
A single credible witness may outweigh multiple unreliable ones.
Attacking Witness Credibility
Section titled “Attacking Witness Credibility”A party may attack the credibility of opposing witnesses by showing:
- Bias — The witness has a personal interest in the outcome
- Prior inconsistent statements — The witness said something different before
- Reputation for dishonesty — General reputation in the community
- Criminal convictions — Conviction of a crime punishable by death or imprisonment exceeding 6 months (within 10 years)
Evidence of arrest, indictment, or prosecution alone is not admissible to attack credibility.
Judgment
Section titled “Judgment”Immediate Judgment
Section titled “Immediate Judgment”After hearing all evidence, the JP typically announces the judgment:
- Who prevailed
- The amount awarded (for money judgments)
- Any other relief granted
Taken Under Advisement
Section titled “Taken Under Advisement”The JP may take the case “under advisement” to research issues or consider the evidence. If so, written notice of judgment will be mailed to all parties.
Adjournment
Section titled “Adjournment”When proceedings are complete, the JP announces that court is adjourned, signaling the matter is officially concluded.
Default Judgment
Section titled “Default Judgment”If the defendant fails to appear after proper service and notice:
- The plaintiff must still prove the case
- The JP may enter a default judgment if the plaintiff establishes a prima facie case
- For claims on notes, open accounts, or written obligations, proof may be by affidavit
- For other claims, live testimony or documentary evidence is required
Continuances
Section titled “Continuances”Either party may request a continuance (postponement) for good cause. The JP has discretion to grant or deny the request.
Good cause may include:
- Illness of a party or essential witness
- Unavoidable conflict
- Need for additional evidence
- Recent substitution of counsel
Repeated requests for continuance without good cause may be denied.
What Happens After Trial
Section titled “What Happens After Trial”After judgment is rendered:
- Motion for New Trial — Must be filed within 7 days
- Appeal — Must be filed within 15 days (or 15 days from notice of judgment)
- Execution — If no appeal, the prevailing party may seek to enforce the judgment
See Judgments & Enforcement for post-trial procedures.
Related Topics
Section titled “Related Topics”- Civil Suits Overview — Jurisdiction and case types
- Service of Process — Proper notice
- Exceptions — Formal objections
- Judgments & Enforcement — After the trial