Most people are
very nervous about appearing in court - understandably. However, the
uncertainty about such appearances can be offset by good preparation and
knowing about how the hearing will progress.
Small Claims are usually
heard in a private room with the public excluded and just the two disputing
parties and any witnesses's 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 which should include a
Statement of Truth.
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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