whats it like? do you get cross-examined? do you discuss the case with the claimant? do you just have to stand there and give a speech about why you havent paid? i've no idea what the procedure is.
2006-10-31 01:59:29 · 6 answers · asked by monkeynuts 5 in Politics & Government ➔ Law & Ethics
i have no choice but to go, you fool, i've been summoned!
2006-10-31 02:04:31 · update #1
thanks for the advice - the reason I havent paid is because the work the bloke did on my house wasn't necessary - think he was a bit of a "rogue trader", not because I cant afford it. the hearing's tomorrow, just want to know what preparation i need to do
2006-10-31 02:09:42 · update #2
No, but I've represented the claimant at such a hearing.
The running order is as follows, although some District Judges will be more/less formal and some will basically intervene and start running the show themselves.
1 Claimant's representative does a short opening speech setting out the basic facts
2 Claimant calls their witnesses.
Defendant cross examines each witness. District Judge may also ask questions.
3 Defendant calls their witnesses.
Claimant cross examines each witness, again, DJ can also ask questions.
4 Defendant sums up their case
5 Claimant sums up their case
So yes, as the Claimant, expect to be cross-examined. Note that when you're cross examining all you're allowed to do is ask questions of the witnesses - you have to save the actual argument for your closing speech.
2006-10-31 02:08:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I was a wittiness in a case at a small claims court once. It wasn't scarily formal. There was only me, the defendant my bosses and the judge guy there. The defendant owed my bosses money, they ran an advertising business and he hadn't paid his bill - any how, the judge asked him why he hadn't paid, he said why. We, my bosses and I, said why we thought he should of paid and the judge found in our favour. No one got cross examined, the judge asked questions as we talked.
I hope that helps a bit. The Citizens Advice Bureau can probably help you prepare for your hearing.
2006-10-31 10:04:29 · answer #2 · answered by Andy M Thompson 5 · 2⤊ 0⤋
Before the case goes before the Court, they will ask the parties to step outside and try to resolve the matter. If it cannot be resolved , then it will go forward before the judge for his/her determination. No cross-examinations by the other party (most times). You just talk to the Judge and answer the questions posed. Then you will also have an opportunity to address what the other side is saying. Good Luck.
2006-10-31 10:04:26 · answer #3 · answered by Autumn 2 · 2⤊ 1⤋
small claims is the lowest level of civil court but their are still rules, but usually very informal, all tesmiony is under oath, both sides can give their reasons, judge usually cross examines then makes the decision, unless you have a valid reason to have not paid then your in trouble
small claims is kind of like people's court/judge Judy but they are on TV thus need to make a show Vera's small claims in general
2006-10-31 10:06:58 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
They will ask questions,you do not have to give a speech.You will not have to speak to the claimant.Write down what you intend to say are you disputing the claim.Have you had any advice from citizens advice if not try phoning them.Goodluck Tomorrow &
Please Let Us Know How You Get On.
2006-10-31 11:29:56 · answer #5 · answered by Ollie 7 · 0⤊ 0⤋
you owe the bill......... pay the bill
sheesh
2006-10-31 10:08:17 · answer #6 · answered by Anonymous · 1⤊ 1⤋