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Some people are very nervous about appearing
in court, but there is no need as court
staff are always helpful. As long as you
dress well to show respect and prepare
your case well, there should be no problems.
To set your mind at ease read the web site
pages to learn about court process, and
about which forms are necessary or simply
allow us to take the burden from you. We
will ensure that your court case is presented
as it should be.
Small Claims are usually heard in a private room with the public
excluded and just the two disputing parties and any witnesses
present. On some occasions the hearing may by in a court -
usually if the court is very busy and there are pressures on
the availability of space. The procedure tends to be informal
but Claimants should be mindful of how it all works.
There are four main stages associated with a court appearance:
- Preparation
- Arrival
- The hearing
- Judgment
There is no substitute for good preparation. Assemble all of
the documents which you intend to use in court and make sure
that both the court and the other side have copies. Include with
the documents your witness statement, and make sure a Statement
of Truth backs them up.
Make sure that you are completely familiar with each of you documents
and that they are assembled in a logical order - chronological
is the usual format. It is best to assemble the documents into
a "bundle" with an index or contents sheet at the front.
If you are including witness statements from in dependant witnesses
the same rules apply in respect of the statement of truth. Ensure
that their statements are relevant to the claim and names and
addresses are clearly indicated.
If a witness or witnesses are appearing at the hearing you will
need to inform the court. This you can do on the Allocation Questionnaire
which the court will forward to you for completion. Make sure
that your witness or witnesses are aware of the court procedures,
hearing date, time etc.
Read and understand all of the documents and be sure of the order
in which they are to be presented. Rehearse your presentation
but be aware that the judge may take control of the presentation
order so be prepared to be flexible.
On arrival make sure that you make yourself known to the usher.
The usher will check your name on the court listing and confirm
that you are listed for that day. There are no guaranteed times
for hearings and there may be a long wait - the usher will advise
you of the approximate waiting time but the conduct of some claims
can become extended so be prepared to hang around for a while.
So take a seat in the waiting area and relax!
When you arrive, check with the usher to see if the other side
are there. You can decide at this point if you want to attempt
a settlement with the other side prior to the hearing. If so,
ask the other side if a discussion would be useful and if so
ask the usher if you both can use a private room. Such rooms
are usually available and the usher will indicate the location
and ensure your privacy.
If you and the other side do reach a settlement tell the usher
immediately. The usher will inform the judge prior to the hearing
and this will expedite the proceedings, with the judge writing
up the judgment in accordance with your agreed settlement.
If you need to leave the waiting area for any reason let the
usher know. And also tell the usher on your return. As soon as
the judge is free the usher will call you and the other side
and you can then enter the court room or the judge's room.
When you enter the judge's room or court either the judge or
the usher will indicate where you should sit. Some hearings take
place around a table, some in front of the judge's desk and occasionally
a hearing may be conducted in open court.
When addressing the judge the correct term is "Sir" or "Madam".
On entering the judges room a polite "Good Morning, Sir/Madam" is
appropriate. The judge will want to establish who you are the
purpose of anyone with you - either as a witness or as a "Litigation
Friend". If you are relying on someone else to present the claim
details for you or they should request the permission of the
judge.
The judge will request the Claimant's evidence first - this being
a statement of claim and a brief description of the circumstances.
The Defendant will then have an opportunity to respond. During
the hearing there are a number of basic rules to follow:
- Do not interrupt the judge
- Do not interrupt the other side when
they are responding
- Do not use bad language or raise
your voice
- Do not laugh or snigger at statements
made by the other side
- Do not call the other side "liars" or
use any other uncomplimentary names
- Always tell the truth
At each stage the judge will give you an opportunity to respond
to the other side and you should ensure that you respond to statements
in the same order as they are made. Jot down notes as the other
side speak and make your responses clearly a relevantly. If you
wish to add something else to your response ask the judge first: "may
I add further information, Sir/Madam".
Do not produce documents which have not been evidenced to the
court or the other side without the judge's permission. The judge
may want to know why such document were not evidenced in advance
and depending on the reason may refuse permission.
It is essential that you and anyone with you behaves in a polite
and respectful way. Bad behaviour will result in removal from
the court.
Importantly, always tell the truth - if you get caught out with
an untruth - either in written evidence or by word - you are
likely to lose your claim!
The judge will usually present the judgment immediately. Where
there are complicated documents or convoluted processes the judge
may defer or reserve judgment while documents and evidence are
studied.
When judgment is delivered do not argue with the judge or enter
into further discussion. Just thank the judge, say "Good Morning" and
leave. Do not gloat or make any gesture towards the other side.
and ignore the other side if they attempt to accost you either
in the judge's room or outside.
In theory the decision of the judge at the hearing is final but
if the outcome went against you and you feel that something important
and relevant to the outcome of the claim was not made aware to
the judge, you can apply to the court for set aside.
A written copy of the judgment usually follows within a week
or so and this will give a time limit for action. If the judgment
is in your favour and the other side fail to comply within the
specified time you can then consider the option to enforce the
judgment.
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