So, you've found yourself involved in a small claims case in Wisconsin. Maybe you're suing someone for damages, or perhaps you're the one being sued. Regardless of your position, appearing in court can feel intimidating. However, with a little preparation, you can navigate the process effectively and present your case with confidence. This guide will walk you through what you need to know to appear in Wisconsin Small Claims Court.

Understanding Wisconsin Small Claims Court:

Small Claims Court in Wisconsin is designed to be a more informal and accessible forum for resolving disputes involving relatively small amounts of money – currently $10,000 or less. While you can hire an attorney, many people represent themselves. The goal is to provide a quicker and less expensive way to settle these matters compared to traditional circuit court.

Before Your Court Date: Preparation is Key

Appearing unprepared is one of the biggest mistakes you can make. Here's what you should do before your day in court:

1. Review All Documents: Carefully reread the summons and complaint (if you're the defendant) or the claim you filed (if you're the plaintiff). Understand the specific allegations and the relief being sought.

2. Gather Your Evidence: This is crucial. Collect any documents, photos, videos, emails, texts, contracts, receipts, or other items that support your claim or defense. Organize them logically and make copies – bring the originals to court but be prepared to submit copies as exhibits.

   • Example: If you're suing for property damage, gather photos of the damage, repair estimates, and receipts for any payments you've made. If you're being sued for unpaid services, collect any contracts, proof of payment, or communication showing the services weren't performed as agreed.

3. Organize Your Thoughts: Outline what you want to say to the judge. Structure your presentation logically, starting with the basic facts and then moving to the specific details and how the evidence supports your case. Practice your delivery so you feel comfortable and can speak clearly and concisely.

4. Identify Your Witnesses (If Any): If you have witnesses who can corroborate your story, decide who you want to bring. Notify them of the court date and time and explain what you need them to testify about. Ensure they understand they will be under oath and must tell the truth.

5. Understand the Rules of Evidence (Basic Level): While Small Claims Court is less formal, there are still basic rules of evidence. Generally, the judge will want to hear firsthand accounts (testimony) and see relevant documents.

6. Consider Visiting the Courtroom: If you've never been to court before, it might be helpful to visit the small claims courtroom before your hearing to get a sense of the layout and the proceedings. This can help ease some of your anxiety.

What to Expect on Your Court Date:

1. Arrive Early: Give yourself plenty of time to find parking, go through security, and locate the correct courtroom. Being late can negatively impact your case.

2. Dress Appropriately: While formal attire isn't required, dress respectfully. Business casual is generally a good guideline. You want to show the court that you take the proceedings seriously.

3. Identify Yourself to the Clerk: When you arrive in the courtroom, check in with the court clerk. They will likely have a list of cases scheduled for that time.

4. Wait for Your Case to Be Called: Be patient. The court may have several cases scheduled, and there might be delays. Pay attention so you don't miss your name being called.

5. Approach the Bench When Called: When your case is called, approach the designated area in front of the judge. If there is a witness stand, you may be directed there to testify.

6. Introduce Yourself: When the judge addresses you, state your name clearly.

7. Present Your Case Clearly and Respectfully:

   • Plaintiff: You will typically go first. Explain your claim in a clear and organized manner, referring to your evidence and calling your witnesses (if any). Speak directly to the judge and avoid getting into arguments with the other party.
   • Defendant: After the plaintiff presents their case, you will have the opportunity to present your defense. Explain why you are not responsible for the claim, present your evidence, and call your witnesses.

8. Answer the Judge's Questions Directly: Listen carefully to the judge's questions and answer them truthfully and directly. If you don't understand a question, politely ask for clarification.

9. Be Respectful: Always address the judge as "Your Honor." Maintain a polite and respectful demeanor throughout the proceedings, even if you disagree with something the other party says. Avoid interrupting.

10. Present Your Exhibits: When you want to introduce a document or other piece of evidence, ask the judge for permission to present Exhibit A, Exhibit B, etc. Provide a copy to the judge and the other party.

11. Listen Carefully to the Judge's Ruling: Once both sides have presented their cases, the judge may issue a ruling immediately or take the matter under advisement and mail the decision to you later. Pay close attention to the judge's instructions and any deadlines.

What Not to Do in Small Claims Court:

• Be Late or Absent: Failure to appear can result in a default judgment against you.
• Be Disrespectful or Argumentative: Maintain a calm and respectful attitude.
• Bring Irrelevant Information: Stick to the facts of the case.
• Interrupt the Judge or the Other Party: Wait for your turn to speak.
• Present Hearsay Without Proper Foundation: Understand the basic rules of evidence.
• Assume the Judge Knows Your Case: Clearly and concisely present your evidence and arguments.

After the Hearing:

If you win your case, you will need to take steps to enforce the judgment, as the court will not automatically collect the money for you. If you lose, you may have options to appeal the decision within a specific timeframe. The judge or court clerk can provide you with information on post-judgment procedures.

Representing yourself in Small Claims Court in Wisconsin can be manageable with thorough preparation and a respectful demeanor. By understanding the process, organizing your evidence, and presenting your case clearly, you can increase your chances of a favorable outcome. Remember to stay calm, be truthful, and focus on the facts. Good luck!

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.