What to Expect At the MDJ Hearing
If you’re reading this article, you’re probably wondering what to expect at your hearing before a Magisterial District Judge (“MDJ”) a/k/a small claims court. The common questions of this Pittsburgh lawyer are: Do I need to attend the hearing in person? Do I need a lawyer present? What evidence is admissible? Will it be an actual trial like on TV?
Let’s get right into it.
Do I Need to Attend the MDJ Hearing in Person?
Most likely, yes.
While some small claims court judges permitted attendance via Zoom, or Microsoft Teams, or Google Meet during Covid, the pandemic has ended. We are back to live, in-person testimony in practically every court. But you should contact your MDJ where the hearing will take place, if you intend to attend remotely. Most likely, it will not be an option. Plus, testimony in person is always more personal, captivating, and persuasive than remote testimony.
Do I Need a Lawyer?
You do not need a lawyer to attend your magisterial district judge hearing in PA. In fact, hiring a lawyer to attend the hearing will likely be a waste of time and money. But why? Each party can appeal for any reason or no reason. So let’s say your attorney is stelar at the MDJ hearing and you “win”! However, the losing party can easily appeal. In fact, the filing of one piece of paper (the appeal) wipes away your victory and you start over on the arbitration docket. For this reason, we recommend that, prior to your hearing, you talk to our lawyers for up to an hour for a flat fee of $200 — to prepare you for your hearing — and plan to attend yourself.
Corporations and Partnerships. If your partnership or corporate entity is a party (corporation, LLC, etc.), the following rule applies:
(2) Partnerships may be represented by an attorney at law, a partner, or by an employee or authorized agent of the partnership with personal knowledge of the subject matter of the litigation and written authorization from a partner to appear as the partnership’s representative.
Can I Bring a Lawyer or Other Representative?
You’re certainly free to bring a lawyer — or other representative — to the MDJ hearing. In fact, you may bring as your representative any person who has “personal knowledge of the subject matter of the litigation.” Here, 246 Pa. Code § 207 provides:
Rule 207 Representation in Magisterial District Court Proceedings.
(A) In magisterial district court proceedings:
(1) Individuals may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization from the individual to appear as the individual’s representative.
The phrase “personal knowledge“ typically means information learned first hand, from one’s own senses (seeing or hearing it directly) versus learning it secondhand from another person, for instance. Thus, example, let’s say an elderly tenant’s apartment is freezing cold! She sued her landlord in small claims court. In court, the tenant’s son may represent her, if the son had experienced the chilly apartment himself.
Lawyer Admitted Out-of-State. If your lawyer is not admitted in Pennsylvania, but is admitted in another state and wants to represent you at your small claims court hearing, he or she can admitted through a process called pro hac vice:
(C) Admission pro hac vice in accordance with Pennsylvania Bar Admission Rule 301 shall proceed by request, the disposition and content of which shall conform with the requirements of Pennsylvania Rule of Civil Procedure 1012.1.
246 Pa. Code § 207
Contact a Pittsburgh attorney to serve as your local counsel get your out-of-state attorney admitted pro hac vice.
What Evidence is Admissible?
In small claims court, the judge must follow the rules of evidence, which is a year long class in law school called “evidence.” But note one key exception in MDJ hearing, to help non-lawyers:
Rule 321 – Hearings and Evidence
The magisterial district judge shall be bound by the rules of evidence, except that a bill, estimate, receipt, or statement of account that appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy, or authenticity.
Hence, your bills, estimates, receipts, and statements of accounts — are admissible, if they appear to have been made “in the ordinary course of business.” Thus, hand-scribbled notes on a black sheet of paper will not suffice. Your estimates for repairs — for example — should be on company letterhead.
Still, for your peace of mind, you will likely benefit from talking to a lawyer. For example, let’s say you’re relying on an expert opinion to prove the defendant was liable, such as a contractor to say that another contractor’s remodel of your kitchen needs to be re-done. Can you rely on your expert report, in court, without him testifying live? No. An expert report to prove negligence or carelessness is not a “bill, estimate, receipt, or statement of account.” You’ll need your expert/contractor to testify live.
Click here for more.
Will it Be Like a Trial on TV?
The answer is, yes and no. There will be a judge sitting at a bench, who will ask the Plaintiff to state the basis for his or her case. But there is typically no “audience” or even a court reporter transcribing the testimony. You’re free to bring your own stenographer (to record the opposing party’s words), but typically the MDJ does not provide a court reporter. Likewise, people in attendance — for other cases — typically wait in a waiting room, so the courtroom typically includes only the judge, bailiff, parties, and witnesses.
Will the judge be rude and demanding like some on TV?
Probably not. Rule 2.8 — which governs the behavior of Magisterial District Judges — provides:
Decorum, Demeanor, and Communication in an Official Capacity
(A) A magisterial district judge shall require order and decorum in proceedings before the court. They shall wear judicial robes while conducting hearings and trials.
(B) A magisterial district judge shall be patient, dignified, and courteous to litigants, witnesses, lawyers, authorized representatives, court staff, court officials, and others with whom the magisterial district judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the magisterial district judge’s direction and control.
Will the Judge Try to Help the Parties Settle Their Differences?
Some judges will treat the MDJ hearing like a “real” trial: they’ll hear the evidence and render a decision on the spot (“rule from the bench”). Or, the judge will tell the parties to expect a decision in the mail. Other judges — being elected officials — take a more conciliatory approach, treating the “trial” like a settlement conference, so the judge’s constituents (voters) need not appeal his decision. That said, per the rules, an MDJ should not unduly pressure parties to settle. Rule 2.6 provides:
Ensuring the Right to Be Heard
(A) A magisterial district judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entity’s lawyer or authorized representative, the right to be heard according to law.
(B) A magisterial district judge may encourage parties to a proceeding and their lawyers or authorized representatives to settle matters in dispute but shall not act in a manner that coerces any party into settlement.
In any event, most disputes in civil ligation can be resolved through amicable discussion and settlement. Therefore, you should welcome any effort by the court to try to resolve your matter amicably, if possible.
Let’s Get Started!
Contact a Pittsburgh attorney at our firm today to learn more about the magisterial district judge process, the pros and cons, and how to prepare for your hearing!
412.342.0992
