Organize your file according to the process described earlier in this applicant guide. Use a worksheet that lists the points you want to make and the evidence you will use to prove those points. For more information, see the worksheet in Example 1. If you filed your application online, you may also need to file all documents filed and issued electronically in paper form with the court at least 14 days before the conciliation conference. If a trial has been adjourned two or more times, a further adjournment may be made only upon request and with notification of all parties to whom a trial has been served, unless the court decides otherwise. For more information, see “Scribe Applications and Instructions.” If you made or received an offer to settle and it was not accepted, you cannot submit the offer to settle to the court office and you cannot mention the offer to settle during the trial. You cannot mention the settlement offer until the judge has decided all questions of liability and appeal other than costs. If a witness summoned to appear requires an interpreter, the court will provide an interpreter from English to French or French to English or visual language. Once the summons is served, the original summons (with the completed and signed proof of service on the back of the form) must be filed with the Small Claims Officer before the hearing date. The plaintiff who wins in a civil proceeding is in most cases seen a monetary judgment. Judgment is the court order that the defendant (now debtor) owes the plaintiff (now creditor) a certain amount of money.
Getting a judgment is not the same as getting the money. The judgment may be enforced only on the defendant`s property. The civil order contains a date and time at which the defendant and plaintiff must appear in court to hear their dispute. This date is sometimes referred to as the “return date”. In the Small Claims Division of the General District Court, the plaintiff must be ready to hear the case that day. In all cases to be heard on the same day, the parties may be required to appear at the same time. However, cases are called individually when the parties turn to the judge about their case. Visit the District Court Forms page to find small claims forms. Any party wishing to call witnesses should consider serving a summons, even if the witness has agreed to appear at trial or is a defendant. You must pay the sheriff`s fee for the service of each subpoena. If your case goes to small claims court, whether it`s a settlement conference, an assessment hearing or a court case, you`ll likely have a lot of questions.
This three-part guide will attempt to answer most of them. On appeal, the case is again formally heard by the District Court, with all rules of evidence and procedure strictly adhered to, with lawyers usually representing the parties. A jury may be requested in district court if the claim exceeds $100. Most small claims courts rely on temporary judges (sometimes trial judges) to hear and decide small claims cases. A temporary judge is an attorney who has been admitted to practice law in California for at least 10 years and volunteers to help the court hear certain types of cases. The temporary judge must complete a training program for small claims judges before hearing cases. If the civil order has been duly served on the defendant and the defendant does not appear on the day of return, a “default judgment” may be issued against the defendant. In this case, the court will make a judgment in favour of the applicant on the date of the hearing based on sufficient evidence from the applicant to support the application. The defendant lost the case. It`s usually not a good idea to force someone to testify on your behalf, as that person is unlikely to be a good witness or even testify against you. However, a subpoena may be required for a witness to obtain permission from his or her employer to take time off work to testify in court, or it may be necessary to produce documents the disclosure of which might otherwise violate a person`s right to privacy.
The Registrar sends each party an empty list of proposed witnesses [Form 13A] with the Notice of Settlement. At least 14 days before the date of the conciliation conference, the plaintiff and the defendant must complete the form, serve it on each other and all other parties and submit the documents to the court. You should not bring witnesses to the conciliation conference, but you should be prepared to briefly explain what your witnesses will say when they come to the trial. The amount you have to pay to file a case and serve the case may vary depending on the court. Ask the court clerk about costs. These fees must be paid in cash, by certified cheque or money order. If your witness does not voluntarily appear in court or provide certain documents you need to present your case, you can call him. At your request, the Small Claims Court will issue a small claims subpoena to appear in person and present documents and evidence at trial or hearing and testimony (Form SC-107) – a court order requiring the person named in the order and a copy of the person named in the order to appear in court to testify.
The defendant would ask the clerk of the court to issue a blank summons form for each witness and to pay the costs. You must serve the plaintiff with any documents that have not already been attached to your defence and file them with the court at least 14 days before the conciliation conference. You must also complete a list of proposed witnesses [Form 13A], serve it on the applicant, and file it with the court at least 14 days before the conciliation conference. Judges can hold conciliation conferences in different ways, but usually the judge says a few words and then asks each party to give a brief summary of their case. You don`t need to write it down completely, but you should have a list of things you want to do. If you created a spreadsheet, use it. On the day of your hearing, allow enough time to get to court to accommodate possible transportation or parking delays. Try to arrive early to find the right courtroom. Then relax, listen to the announcements and think about your case.
A list of the day`s small court cases, called the “court calendar,” is usually posted outside the courtroom. If you can`t find your name or case on the court calendar, contact the Small Claims Officer. If the judge is willing to hear your case, the clerk or judge will call the names of all plaintiffs and defendants in the case. You, the other parties and all witnesses should then come to the table before the judge. Judges usually ask the plaintiff to state their point of view first, and then the defendant can speak. Some judges may start by asking questions of each party to learn more about the facts or to cover areas that the judge knows are important. Follow this checklist as you prepare for your trial: Even if you attended a settlement conference and your case went to court, that doesn`t mean you have to go to court. If you continue to discuss and reach an agreement after the settlement conference, you can complete and sign a settlement agreement [Form 14D]. File the terms of settlement signed by all parties as soon as possible to inform the court that the claim has been settled.
If a hearing date has been set, notify the settlement tribunal before the scheduled hearing date, if possible. You can appeal a judgment to a superior court if the amount of the judgment, excluding court costs, is more than $3,500 or if there is an order to recover personal property valued at more than $3,500. This is provided for in section 31 of the Courts Act and Regulation 626/00 of the Courts Act. The applicant must inform the clerk of the court of the following: If a witness is unable to attend the hearing, you can ask them to write and sign a statement called a “statement” to be presented to the court. This testimony must contain everything the witness wants to tell the judge about your claim or defence. At the end of the testimony, the witness must write: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this statement was signed on [date] at [place] – for example, Sacramento, California. The witness must then date and sign the statement and provide their city and telephone number at the time of signing. You must bring the original documents and at least three copies of each document to the hearing. The original may be entered by the court as evidence.
Copies are for the judge, the other party (or parties) and yourself. Well in advance of the hearing date, each party must decide if there is a document that is not attached to their claim or defence form that the party wishes to use in the trial to prove their case. If this is the case, the document must be served on any other party and filed with the court at least 14 days before the date fixed for the conciliation conference. Make detailed notes about when and how you served the document if the court asks you to file an affidavit of service some time later. Before the judge decides the case, the defendant has the right to “transfer” the case from the Small Claims Division to the General District Court by completing the “Referral to General District Court” form on the back of the arrest warrant form and handing it over to the clerk or judge. When a case is dismissed, all other proceedings take place before the District General Court, where formal rules of practice, procedures, pleadings and evidence apply, and where the parties may be represented by counsel.
