How Do I Prepare for Trial in Special Civil?

Interrogatories

The Rules of Court provide for an exchange of information by the parties. Whether you are the plaintiff or the defendant, questions from the opposing party, called "interrogatories," must be answered within 30 days from the date you receive them.

Plaintiff

If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if made under oath, cannot be used in court.. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance. Bring to court records of any transactions that may help you prove your case. Such records may include:

• Cancelled checks, money orders, sales receipts.
• Bills, contracts, estimates, leases.
• Letters.
• Photographs.
• Other documents proving your claim.

If you are able to settle the case with the defendant before the trial date, call the Special Civil Part Clerk's Office immediately to confirm that the case should be marked settled.

Defendant

If you are the defendant, you should prepare your side of the case as the plaintiff prepared his or her case. Bring all necessary witnesses and documents to court with you on the scheduled trial date. You must come to court at the time and date shown on the trial notice. If you do not, a default judgment may be entered against you and you may have to pay the money the plaintiff says you owe.

If you are able to settle the case with the plaintiff before the trial date, call the court immediately to confirm that the case should be marked settled.