4. Go to your trial

To prove your claim at the trial, you must present evidence. The evidence must relate to the facts that you need to prove. Evidence includes your witnesses and the documents you filed with the court.

Opening statements

The trial starts with you giving an opening statement. In your opening statement, tell the judge:

• a summary of the issues in your case
• what you're asking for
• the evidence you will be using to prove your claim

Don't present evidence in your opening statement. You should briefly describe the evidence you'll be using, but don't discuss it in detail yet.

The defendant can give their opening statement right after you or they can wait until it's their turn to present their case.

Your evidence

You and your witnesses give evidence “under oath” This means you promise to tell the truth. When you give evidence, it's called “testifying”.

Usually, you are the main witness for your own case. When you testify, it's best to start at the beginning and tell the judge about the events in the order they happened. It's a good idea to make notes before your trial about all the things you want to talk about.

If you have other witnesses, you can ask them questions. This is called “examination-in-chief” or “direct examination”. You can't ask questions that tell the witness what you want them to say.

Questions that tell the witness what you want them to say are called “leading questions”. Instead, you should ask questions that start with who, what, where, when, why, how, or please describe. For example:

• Non-leading question: “What did you see in the apartment?”
• Leading question: “The apartment looked seriously damaged, didn't it?”

Leading questions are not allowed in direct examination.

The defendant can also ask your witnesses questions. This is called “cross-examination”. Leading questions are allowed during cross-examination. The purpose of cross-examination is to test how true and reliable the witnesses' answers are.

The judge might also ask you and your witnesses questions.

Documentary evidence

You might have documents, photographs, or recordings that help explain the events you are presenting to the judge. You must bring the judge's attention to these documents to use them as evidence.

When you get to the part of your testimony where you want to use the document, tell the judge you would like to introduce a document as an “exhibit”. An exhibit is evidence used at a trial. Give the document to the registrar, who will hand it to the judge. You'll also need to give a copy of the document to the defendant and the witness, if there is one.

Once everyone has a copy, say what the document is, who made it, and the date it was made. And say the document's page number in your document book, if you're using one.

Pause until you can see the judge and the defendant or witness looking at the document. If the defendant doesn't object, the judge will confirm that the document is an exhibit and give it an exhibit number. They might stamp the document when they do this.

Then you can talk about the events involving that document.

If you want to ask your witness questions about a document, you must first ask them to identify it. You can ask them:

• Do you recognize this document?
• Can you explain what this document is?

The defendant’s evidence

The defendant can also testify and present evidence. They might want to try to show that:

• they didn't do what you say they did, or
• they have already paid you what they owe you.

If the defendant has witnesses, you can cross-examine them. The judge can also ask them questions.

Closing statements

After you and the defendant have presented your evidence, you each give a closing statement.

In your closing statement, give the judge a summary of your evidence and tell them why you should get what you're asking for. Your reasons should be based on:

• what the witnesses said
• documents used as evidence
• rules and laws

You go first, then the defendant. You might have a last chance to speak if the defendant brings up anything new in their closing statement.

Costs and prejudgment interest

In your closing statement, you should ask for costs. Costs are money the judge can order a person to pay to another party. The judge can order costs for different reasons. For example, you can ask a judge to order costs because the defendant lost the case at your trial. These costs are meant to cover some of the money you spent getting ready for the trial.

It's a good idea to have proof of the money you spent. The judge might ask for this evidence before they agree to order costs.

The judge might tell you that they will decide about costs at a different time. They could ask you to send them a written request for costs. In your request, explain why you should get them. Attach any evidence you have.

In your closing statement, you should also remind the judge of the date when you would like prejudgment interest to start. You must have asked for this interest in the Plaintiff's Claim.