Is it appropriate to use props (posterboards, etc)?

[dartondan]

What is the name of your state (only U.S. law)? NY

My question concerns whether, in a small claims case, as plaintiff, it is okay to present and use a posterboard as a prop to outline the case. I can imagine that a judge not familiar with the particulars could get confused and I am concerned about major points getting lost in the presentation. There's a bit of a story to my case and if we are hurried in and out in 15-20 minutes or so it would be to my detriment. Thanks much.

 

[Zigner]

What is the name of your state (only U.S. law)? NY

My question concerns whether, in a small claims case, as plaintiff, it is okay to present and use a posterboard as a prop to outline the case. I can imagine that a judge not familiar with the particulars could get confused and I am concerned about major points getting lost in the presentation. There's a bit of a story to my case and if we are hurried in and out in 15-20 minutes or so it would be to my detriment. Thanks much.

I would really suggest that you go and sit in on at least a couple, of not more, small claims cases that are to be heard in the same court you are appearing in. I would also state that if you can't get your case across quickly and succinctly without the use of theatrics, then you may be in trouble. That's not to say that you can't use "props" as you are describing them, but don't expect to be able to spend hours on the matter.

 

[quincy]

What is the name of your state (only U.S. law)? NY

My question concerns whether, in a small claims case, as plaintiff, it is okay to present and use a posterboard as a prop to outline the case. I can imagine that a judge not familiar with the particulars could get confused and I am concerned about major points getting lost in the presentation. There's a bit of a story to my case and if we are hurried in and out in 15-20 minutes or so it would be to my detriment. Thanks much.

It is okay to use props in small claims cases. You may need permission from the court to bring large items into the courtroom, however, so get authorization well in advance of the hearing.

I know illustrations can often work better than words in describing an event.

Good luck in court.

 

[HighwayMan]

Is this New York City or somewhere else?

 

[quincy]

Is this New York City or somewhere else?

Do New York City courts have rules that prohibit the use of props?

 

[HighwayMan]

Do New York City courts have rules that prohibit the use of props?

Not that I know of, although different judges may have different rules and procedures for their court room.

My point was going to be that if this was NYC it may never get to trial and if it does it's likely to take at least a year to two years and about 8 preliminary court appearances.

 

[quincy]

Not that I know of, although different judges may have different rules and procedures for their court room.

My point was going to be that if this was NYC it may never get to trial and if it does it's likely to take at least a year to two years and about 8 preliminary court appearances.

Wow. That is quite a backlog. I question the 8 preliminary hearings for a small claims action, though. That can't be right, can it?

 

[latigo]

Wow. That is quite a backlog. I question the 8 preliminary hearings for a small claims action, though. That can't be right, can it?

NO, it is not right! Not with regard to so-called "preliminary hearings".

As you, and most of those knowledgeable would agree, it would defeat the very purpose of small claims litigation.

Also jurists at any level would be more inclined to encourage rather than discourage the use of reasonably suited illustrative material where it will aid in explaining a litigant's proof without disrupting and protracting the lawsuit.

 

[Zigner]

NO, it is not right! Not with regard to so-called "preliminary hearings".

As you, and most of those knowledgeable would agree, it would defeat the very purpose of small claims litigation.

Also jurists at any level would be more inclined to encourage rather than discourage the use of reasonably suited illustrative material where it will aid in explaining a litigant's proof without disrupting and protracting the lawsuit.

As I mentioned - the OP needs to spend some time sitting in on cases in the same court this his case will be heard. After that, he'll have a better idea of the judge's temperament, etc.

 

[quincy]

NO, it is not right! Not with regard to so-called "preliminary hearings".

As you, and most of those knowledgeable would agree, it would defeat the very purpose of small claims litigation.

Also jurists at any level would be more inclined to encourage rather than discourage the use of reasonably suited illustrative material where it will aid in explaining a litigant's proof without disrupting and protracting the lawsuit.

There are a few courts in a few places in this country that seem to march to the beat of their own drummers. I have been surprised by New York/New York City in the past.

 

[HighwayMan]

I didn't say preliminary "hearings", rather "appearances".

I was involved in several small claims actions. The court does everything possible to inconvenience the involved parties in order to get them to accept arbitration and avoid trial.

I would show up, be told to go to another room where both parties were advised to arbitrate, and when that didn't work all were sent home with another appearance date 6 months later. The next appearance was the same basically. And on and on until FINALLY we were able to get a trial date.

 

[latigo]

As I mentioned - the OP needs to spend some time sitting in on cases in the same court this his case will be heard. After that, he'll have a better idea of the judge's temperament, etc.

Agreed. And maybe bring an apple.

 

[quincy]

I didn't say preliminary "hearings", rather "appearances" ...

You are right. You did say appearances not hearings. My mistake.

Even so, eight seems a large number of appearances for a small claims action. In Michigan, you go to court to file forms with the clerk and do not return to court until the hearing date when the matter is heard. A rather simple process.

 

[dartondan]

Thanks for insight. This is upstate NY. The posterboard would be for bulletpoints that outline my case. I have read the posts here and get the impression that these cases move quickly and I am afraid of things getting left out or overlooked. It isn't something that can be tied up in 15 minutes. It's for the maximum amount of that matters so hopefully the court/judge is willing to be more patient as I introduce documents, etc.

 

[quincy]

Thanks for insight. This is upstate NY. The posterboard would be for bulletpoints that outline my case. I have read the posts here and get the impression that these cases move quickly and I am afraid of things getting left out or overlooked. It isn't something that can be tied up in 15 minutes. It's for the maximum amount of that matters so hopefully the court/judge is willing to be more patient as I introduce documents, etc.

Just check with the court first about the props you want to bring with you to make sure your judge has no objection to their use in his courtroom. I can't see any reason why he should.

As to the speed of the hearing: The judge does not have a timer and will not cut parties off if all that needs to be said has not been said. You will be given time to present your case, the defendant will have the chance to respond and you will have the chance to respond to what the defendant says.

The judges I know are pretty patient people. What can irritate a judge a bit is if the parties stray into territory that is irrelevant to the case or if either party starts nattering at the other. Stick to the facts, be respectful of the court and all who are in it, and you will do as well as your evidence allows you to do.

Good luck.