Small Claims Appeals/Trial De Novo Hearings

How to Appear for Your Hearing

In certain circumstances, the San Diego Superior Court may allow appearances for hearings to be either in-person or remote.

To Appear In-Person:
Please arrive at the courthouse at least 30 minutes before your scheduled hearing and report directly to the assigned courtroom.

To Appear Remotely:
You can attend the hearing by video or audio conference using the free Microsoft Teams App, unless otherwise ordered by the court.

Small Claims Appeal/Trial De Novo Departments’ Teams Link and Conference Phone Numbers

For tips on how to prepare for a virtual hearing, please refer to the Appearing for Hearings page for general information on using Microsoft Teams and continue reading below for information specific to Small Claims Appeals/Trial de Novo virtual hearings.

Click here for information on submitting Small Claims trial exhibits/evidence.

Procedures During the Hearing

1. At the beginning of a calendar being called, the Judges will set forth guidelines for the proceedings. Listen carefully for further direction.
    
2. Hearings may be called out in case number order or by party names, so be sure to pay attention as the calendar is being called. You will need to answer “present” at the appropriate time.
    
3. All participants shall place their microphones on mute unless they are speaking or wish to make an objection.
    
4. All efforts shall be undertaken not to interrupt other speakers during the hearing unless it is necessary to assert an objection. Please do not interrupt when another party or the judge is speaking.
    
5. If an interpreter is necessary, all participants shall speak slowly, in short, complete sentences or questions, and allow time for translation. No one shall respond to a question posed by another participant until the question has been translated.
    
6. If an objection is made, all participants must stop speaking and wait for the Court’s ruling on the objection. An attorney or self-represented party can ask to be heard on the objection after it is made. The Court may also request a response to an objection.
    
7. Where an objection is made, and discussions are required in the absence of the witness, the witness may be asked to mute their computer or otherwise be virtually ejected from the meeting space, and invited to re-join the meeting when the objection has been addressed.
    
8. All participants are required to identify anyone who may be observing the proceedings with them. This is essential to ensure the credibility of testimony.
    
9. The Court will hold all hearings to a strict time estimate. Thus, participants are encouraged to not to repeat arguments included in their written pleadings already submitted to the Court.
    
10. Once the Court has heard from all litigants, the matter will be submitted for decision. Once submitted, the Court will make a ruling, and no further argument shall be considered.
     
11. Participants SHALL NOT record the video conference. ADVISORY: This virtual hearing SHALL NOT be photographed, recorded (audio or video), or rebroadcast without prior written judicial authorization consistent with California Rules of Court, rule 1.150, and San Diego Superior Court General Order of the Presiding Department, Order No. 010120-02. Please be advised that any unauthorized recording, photography, or rebroadcast without prior written judicial authorization may be a basis for a citation for contempt of court or an order imposing monetary or other sanctions as provided by law. (Cal. Rules of Court, rule 1.150(h).)

Guidelines for Participants

1. For the purpose of this guidance, a participant includes a party, an attorney, or a witness.
    
2. This information is provided as guidance. The conduct of the hearing remains a matter for the presiding judicial officer. Participants should follow any direction given by the judicial officer.
    
3. The behavior, manner, and presentation of a participant should be the same as if they were attending the Court hearing in person. This includes addressing the Judge correctly as “Your Honor” and addressing Counsel politely and courteously.
    
4. The participant will ensure that there will be no interruptions or distractions for the duration of their appearance at the hearing.
    
5. If participants are unable to give uninterrupted evidence, they should advise the courtroom clerk or their attorney as soon as practical.
    
6. A participant should have a copy of all pleadings and documents necessary for the hearing.
    
7. A participant that plans to examine a witness must ensure the witness has a copy of documents to which they may be referred.
    
8. Participants are not permitted to use or access their phones during the hearing except to communicate with their attorney of record as permitted by the judge