The summons and complaint provide information about who is suing you and why, and the court in which the lawsuit has been filed.The summons also lets you know when you need to appear in court and provides a deadline by which you must respond to the lawsuit.
The deadline usually is presented as a period of time measured from the date you were served with the lawsuit. Make sure you've calculated this date accurately, particularly in small claims court, because you may only have a few weeks. Contact the clerk's office if you're unsure.
Keep in mind that if you miss this deadline, you may lose your right to defend yourself against the lawsuit.
If the court is far away from you, such as in the next county over, you may question whether that court has jurisdiction over you. If you doubt the court's jurisdiction, you must mention this in your answer, or the court will treat it as though you've waived any problems with jurisdiction.;
, If the coach has sued you in small claims court, you likely can't hire an attorney to represent you, but you still may want to discuss the case with someone to understand what defenses may be available to you.Your state also may have small claims advisors available through the courts who can assist you in evaluating the case and explain various defenses that may be available to you. Check the court's website or call the clerk's office to find out what services are available in your area.
Attorneys typically will charge a lower fee or a flat rate to simply look over information related to a small claims case and provide you with an opinion.
 The coach, as plaintiff, must prove his or her allegations more likely than not are true. In contrast, you bear the burden of proof with any affirmative defenses you claim excuse your actions.Keep in mind that just because you list an affirmative action in your answer doesn't mean you have to use it at trial. You also don't have to provide any evidence with your answer to indicate that a defense you've claimed has legitimacy.
You should include any affirmative defense in your answer that you think might apply, even if you are unsure if you will use it.
For example, if the coach came at you first, or threatened you, it may be possible for you to argue that the actions you took were in self defense.
Although much more difficult, if the coach was actually involved in the sport when he or she was injured – say, demonstrating a move or technique during practice – you may be able to argue consent.
If you attempt to argue consent, keep in mind that courts look at the facts of a case very closely. If your actions exceeded the consent, the judge won't allow this defense.
For example, if you're playing flag football and you tackled the coach and had him in a headlock, a judge is likely to decide this goes beyond the consent the coach would have given in that instance.
 Small claims courts typically have a form for you to fill out to respond to the allegations and assert any defenses you believe apply in your case.Typically you must first respond to each of the allegations listed in the complaint with either "admit" or "deny."
By admitting an allegation, that means the plaintiff won't have to prove that particular fact at trial. On the other hand, if you deny an allegation, the plaintiff must prove at the hearing that the fact is more likely than not true.
Keep in mind that when you deny an allegation, you aren't necessarily saying it isn't true. Rather, you're asking the plaintiff to prove it. Even if you know something is true, you're often better off denying it – particularly if you believe there is little to no evidence of it.
There is a third response you have available when addressing the plaintiff's allegations – you can say that you "lack sufficient information to either admit or deny" it. The court treats this response as a denial, requiring the plaintiff to carry his or her burden of proof.
After you've responded to the allegations, list any defenses you believe apply to you and that you think you might want to present at trial.
In most cases you'll want to type your answer. However, if you plan to hand-write your answers on the court form, you may want to write everything on scratch paper first to make sure you've done it correctly before you put it on the form in ink. When you're satisfied with your answer, sign and date it in the space provided.
Before you take your answer to the court clerk, make at least two copies of the completed form. The clerk will keep your originals, so you'll need at least one copy for your records and another copy to have delivered to the coach.
 Take your original answer and copies to the clerk of the court where the lawsuit was filed before the deadline listed on your summons to respond to the lawsuit.To preserve your right to defend yourself, it's imperative that you respond before the deadline. However, even if you lose track of time and find that the deadline got away from you, go ahead and file your answer anyway. The presence of a late answer may convince the judge not to issue a default judgment against you in the case.
The clerk will stamp your answer and copies "filed" with the date, then give the copies back to you. Typically, you will be responsible for having your answer served on the plaintiff after it's filed.
Service may be completed by getting a sheriff's deputy to hand-deliver the document to the plaintiff, or by mailing it using certified mail with returned receipt requested.
If you choose to complete service using certified mail, hang on to the receipt because you'll need it to prove service to the court. If you use a sheriff's deputy, he or she typically will fill out a proof of service form and file it with the court once delivery is completed.
 Some small claims courts allow for limited written discovery, through which each party can ask questions to the other, or request documents the other party intends to use as evidence at trial.Keep in mind that even small claims courts that do offer discovery typically only offer it on a very limited basis, and you must get permission from the court before you send any discovery questions to the other party.
If your court provides this opportunity, use it to your advantage by requesting medical bills and records from the coach related to his or her injuries.
You may be able to use this information to argue that the coach actually is entitled to a lesser amount in damages than he or she is claiming.
 Other players who witnessed the incident may be willing to testify in court on your behalf, particularly if they are willing to support your claims that, for example, you acted in self defense.Keep the elements of civil assault in mind when you're talking to witnesses. Your coach must prove that you (1) intentionally touched or applied force to him or her (2) in a harmful or offensive manner (3) without his or her consent.
Any witness who can cast doubt on any one of those three elements potentially is a good witness for you.
For example, suppose your football coach was demonstrating a tackle technique, and he asked you to "come at me as hard as you can." He is now suing you for taking him to the ground. Other players who heard the coach's invitation can help strengthen your defense that your coach consented to the contact.
On the other hand, if you're attempting to argue self defense, other players who can testify that the coach repeatedly threatened you or even physically assaulted you on prior occasions would be useful.
Other players also may be able to disprove the coach's claim that your actions were intentional. If you slammed into your coach's back and shoved him to the ground, find out if other players saw you trip, or anything else to indicate that your actions weren't intentional.
 To avoid the prospect of a court hearing and resolve the dispute in a more amicable manner, you may want to suggest to the coach that the two of you use a mediator to facilitate a settlement discussion.Some courts have mediation programs available for litigants free of charge. Contact the clerk of court to see if free mediation is available. If not, find out if your community or neighborhood has a mediation clinic. These services often charge relatively low fees.
Mediation may be particularly beneficial if you previously had a relatively positive relationship with your coach and would like to repair it. This could be especially important if you still want to play on the same team, or imagine you'll cross paths with the coach regularly in the future.
Unlike court, mediation is a non-adversarial process that focuses on bringing the two parties together on common ground to find a resolution to the dispute that's mutually agreeable to everyone.
Keep in mind that mediation is voluntary, so it's not as though anyone is forced to go along with a settlement. The idea is to feel out the possibilities and see if you can't find a workable compromise.
If you do reach a settlement through mediation, make sure you get the agreement in writing. Although the outcome of mediation isn't legally binding in and of itself, if both parties sign a written agreement it can be enforced as a contract by the courts.
 If you and your coach aren't able to reach a settlement, you must start preparing for trial. Closely analyze the coach's allegations for counter-arguments, as well as deciding which affirmative defenses you want to present at trial.In most courts you'll need to bring at least two copies of any documents you want to present as evidence, so make sure you have everything you need organized and available.
Take notes of the points you want to make and the evidence you have that proves each point. It's often helpful to put each point on an index card so you can rearrange them on the fly if you want to do so based on the plaintiff's presentation.
Meet with any witnesses you're planning to call and practice asking them questions. You also may want to use this time to brainstorm questions that may be asked during cross-examination.
If you've never been to court, try to take a trip to the courthouse to observe other cases before your court date, so you can get a feel for court procedures and the behavior expected of litigants.
 Show up at the courthouse at least 30 minutes before your hearing is scheduled to begin, so you have time to park, go through courthouse security, and find the courtroom where the hearing will be held.Check with the clerk, or on the court's website, before you go to find out what items are prohibited in court (this list may include mobile phones) and what sort of dress is required. Typically you won't need to wear a suit, but you should wear neat, clean clothing without any large logos or slogans.
It's likely the judge will have more than one hearing scheduled in the courtroom that day. Take a seat in the gallery and remain there until your case is called.
When the judge indicates that he or she is ready to hear your case, move to the tables at the front of the courtroom.
 Since the coach filed the lawsuit, he or she typically will have the first opportunity to describe the incident to the judge and explain why you should legally be held liable for his or her medical bills and other damages.Avoid yelling out or interrupting your coach, and above all don't try to argue with your coach or any witnesses he or she may call.
Rather than thinking up insults or criticisms about what was said, listen closely and think about the evidence you have to contradict what your coach or the witnesses are saying. Take notes if necessary so you don't forget to mention something that pertains specifically to your coach's allegations.
If your coach calls witnesses, you will have the opportunity to cross-examine them, but use this opportunity to ask them questions that are relevant to the case or to their testimony – not to badger or insult them.
 After the plaintiff is finished, the judge will give you the opportunity to tell your side of the story and explain why you shouldn't be held liable for the coach's injuries.Speak loudly and clearly in the courtroom so the judge can understand you. While you want to make your points quickly, you also want to make sure you provide enough emphasis to the aspects of your defense that are particularly strong.
The judge may ask you questions from the bench. If the judge begins to speak, stop talking and listen. Answer the judge's questions, and then ask "May I proceed?" before you continue presenting your defense.
When you call your witnesses, keep in mind that your coach will have the same opportunity you did to cross-examine them. Depending on what happens during cross-examination, the judge may allow you to "redirect" the witness's testimony. If you want to do this, ask the judge if he or she will permit it.
 In small claims court, the judge may issue his or her decision on the case from the bench, or take another look at the evidence and information presented at trial and issue a written order within a few days or weeks.If the judge doesn't issue an order from the bench, ask the judge or the court clerk when you can expect the order to be entered and whether it will be sent to you.
In some courts, you have to call or come by the courthouse to pick up the order after it's been entered.
If the judge doesn't rule in your favor, you may want to evaluate your options in terms of requesting an appeal. Some courts don't allow an appeal of decisions in small claims cases, and for those that do, the reasons for requesting an appeal may be extremely limited.
Read the summons and complaint.
Consider consulting an attorney.
Evaluate any possible defenses.
Draft your answer.
File your answer.
Conduct written discovery.
Talk to key witnesses.
Consider attempting mediation.
Organize your evidence and information.
Appear on your court date.
Listen to the plaintiff's presentation.
Present your defense.
Receive the judge's decision.
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