Tweet
Small Claims are heard at the County Court or Hearing Centre allocated to you - usually, if you are the defendant, the one closest to your home address.
County Courts vary in size and set up but the majority of small claims hearings take place in small rooms with desks and chairs and the judge sitting at the front of the room.
When you arrive at the court you usually have to go through security. Basically walk through a scanner to check for weapons and empty your pockets. Allow for having your bags searched so don't take too much crap in with you.
You should report to the main desk and inform them you are there and they will tell you which court you will be in. You can also ask them if the other side have arrived yet - so you can either avoid them or go and introduce yourself and have a without prejudice chat before the hearing. Sometimes settlements are reached at this stage.
District Judges try to accommodate litigants in person (ie those not represented by a solicitor/barrister) and try and make them feel comfortable. However there are strict manners to be observed in the court room, and you should avoid arguing with the Judge, speaking out of turn or interrupting the judge or other speakers. Be polite, respectful and restrained.
There will be a court clerk in the room who will indicate to you when to stand and sit - you stand when the Judge enters or leaves the room.
The Judge should be addressed as Sir or Ma'am.
The Judge will usually not be wigged and gowned which makes them less intimidating however they are the boss in the room and what they say goes.
The Judge will usually have read the papers before the hearing and will most likely as both parties to give a quick summary of their position in the case. Then ask questions about various points.
Usually in small claims, particularly for debt claims, there is only the Judge, the Clerk, the claimant's representative and the defendant in the room.
Take a pen and paper, and all your documents, a copy of your defence and the claim, and anything at all you think is relevant. You don't always need a 'bundle' in small claims hearings but you should take three copies of anything you feel the Judge or other side might want to see or keep copies of. If your defence is based heavily on dates of letters being sent etc ensure you have the envelopes/recorded delivery slips etc with you. Have it laid out in a folder so you can find things easily if needed.
It often helps to write a witness statement before the hearing so you can easily refer to it when answering any questions. You may have written one and submitted it to the court in advance of the hearing - if so remember to take a copy with you.
Usually a small claims hearing ends up with a result / judgment being given at the end of the hearing. Sometimes the judge may give further orders at the end of the hearing, eg. to produce documents etc. You should note down these orders as it may take a few days for the court to send you a copy of the order, if they do at all.
These are just some quick notes off the top of my head, so if there is anything you would like to add please do, or if you want to recount your experiences of a small claims hearing please do. It's just aimed at giving people an idea of what to expect and not be so terrified of court they don't defend an illegitimate claim against them,
County Courts vary in size and set up but the majority of small claims hearings take place in small rooms with desks and chairs and the judge sitting at the front of the room.
When you arrive at the court you usually have to go through security. Basically walk through a scanner to check for weapons and empty your pockets. Allow for having your bags searched so don't take too much crap in with you.
You should report to the main desk and inform them you are there and they will tell you which court you will be in. You can also ask them if the other side have arrived yet - so you can either avoid them or go and introduce yourself and have a without prejudice chat before the hearing. Sometimes settlements are reached at this stage.
District Judges try to accommodate litigants in person (ie those not represented by a solicitor/barrister) and try and make them feel comfortable. However there are strict manners to be observed in the court room, and you should avoid arguing with the Judge, speaking out of turn or interrupting the judge or other speakers. Be polite, respectful and restrained.
There will be a court clerk in the room who will indicate to you when to stand and sit - you stand when the Judge enters or leaves the room.
The Judge should be addressed as Sir or Ma'am.
The Judge will usually not be wigged and gowned which makes them less intimidating however they are the boss in the room and what they say goes.
The Judge will usually have read the papers before the hearing and will most likely as both parties to give a quick summary of their position in the case. Then ask questions about various points.
Usually in small claims, particularly for debt claims, there is only the Judge, the Clerk, the claimant's representative and the defendant in the room.
Take a pen and paper, and all your documents, a copy of your defence and the claim, and anything at all you think is relevant. You don't always need a 'bundle' in small claims hearings but you should take three copies of anything you feel the Judge or other side might want to see or keep copies of. If your defence is based heavily on dates of letters being sent etc ensure you have the envelopes/recorded delivery slips etc with you. Have it laid out in a folder so you can find things easily if needed.
It often helps to write a witness statement before the hearing so you can easily refer to it when answering any questions. You may have written one and submitted it to the court in advance of the hearing - if so remember to take a copy with you.
Usually a small claims hearing ends up with a result / judgment being given at the end of the hearing. Sometimes the judge may give further orders at the end of the hearing, eg. to produce documents etc. You should note down these orders as it may take a few days for the court to send you a copy of the order, if they do at all.
These are just some quick notes off the top of my head, so if there is anything you would like to add please do, or if you want to recount your experiences of a small claims hearing please do. It's just aimed at giving people an idea of what to expect and not be so terrified of court they don't defend an illegitimate claim against them,
)
Comment