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Some
people are very nervous about appearing in court,
but there is no need as court staff are always
helpfull. As long as you dress well to show respect
and your case is well prepared you should not
have any problems. Read the web site pages to
learn about court process, and which forms are
neccesary, or submit your form to us relieving
you of the time and trouble the process takes.
We will ensure that your court case is presented
as it should be.
Small Claims are usually heard in a private room
with no public gallery and just the two disputing
parties and any witnesses's present. On some occasions
the hearing may by in a court but this would be
unusual. The small claims court 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
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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 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.
Ensure that your witness or witnesses are aware
of the court procedures, hearing date, time etc.
Read and understand all of the documents putting
them in 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.
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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.
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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!
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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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