![]() ![]() Often, the directions will give the court discretion to refuse to consider a document that has been filed/served out of time. The first step is to check the exact directions in the allocation order. However, the reality is that this rarely happens. Ideally, a formal N244 application (with supporting evidence) should be made ahead of the trail date. It is too frequently the case that a relief from sanctions application becomes necessary on the day of the trial. Be prepared to make an oral application for relief.It is also worth noting that witness evidence does not have to be taken on oath. You may find that, despite your objections, new evidence and documents are admitted on the day of trial. This means that the rules of evidence are more relaxed. Small claims hearings are intended to be flexible and may “adopt any method of proceeding at a hearing that it considers to be fair”. Remember to take multiple copies for everyone at the hearing. If you think it would assist the court (and the witnesses, counsel, etc.), print out screen shots from Google Maps. It is often useful to view the accident location and your client’s route on Google maps. Small Claims are often prepared on a low budget and a common situation arises where the photographs or maps of the accident location in the bundle are unclear. Bring Google maps images/clearer photos.The only way to increase the likelihood of finding a conference room is to arrive at court at least 30 minutes before the hearing. Although it is possible, you do not want to be trying to conduct a conference in a busy corridor. ![]() ![]() Unfortunately, most courts have a very limited number of conference rooms. Get to court early and find a conference roomĭo not be surprised if you arrive at court and you are in a block list of Small Claims.A pre-trial conference also gives you the opportunity to explain the procedure, answer your client’s questions and calm their nerves often leading to a more relaxed witness who is able to give better evidence. This ensures that firstly everything in the witness statement is correct and also that you have a clear understanding of your client’s case.ĭon’t forget that this is also likely to be your client’s first ever time in court. It is important to take time to go through the accident circumstances. Small Claims are prepared on a tight budget and you will often find that your client’s witness statement is skeletal or does not fully capture their version of events. Hold a conference at court before the trialĭo not underestimate the importance of a conference with your witnesses before trial. ![]()
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