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Difference between revisions of "Going to Trial in Small Claims Court"
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Going to Trial in Small Claims Court (view source)
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As the claimant, you will speak first. You may want to begin with an “opening statement” telling the judge briefly what your case is about. After, you can give your evidence to the court. You’ll tell your story chronologically and produce any documents that help proving your case on a balance of probabilities. After, the defendant has a chance to cross-examine (meaning question) you on what you’ve said. The purpose of this is to expose inconsistencies or other weaknesses in your story. Be sure that your testimony is both truthful and accurate. | As the claimant, you will speak first. You may want to begin with an “opening statement” telling the judge briefly what your case is about. After, you can give your evidence to the court. You’ll tell your story chronologically and produce any documents that help proving your case on a balance of probabilities. After, the defendant has a chance to cross-examine (meaning question) you on what you’ve said. The purpose of this is to expose inconsistencies or other weaknesses in your story. Be sure that your testimony is both truthful and accurate. | ||
You will then call your other witnesses and question them, allowing them to give their evidence to support your claim. You should ask open-ended questions like “What colour was the traffic light?” Leading questions are prohibited when examining your own witnesses. A leading question is one that suggests the desired answer to the witness, such as “the light red, wasn’t it?” The defendant is then allowed to cross-examine your witnesses. | You will then call your other witnesses and question them, allowing them to give their evidence to support your claim. You should ask open-ended questions like “What colour was the traffic light?” Leading questions are prohibited when examining your own witnesses. A leading question is one that suggests the desired answer to the witness, such as “the light was red, wasn’t it?” The defendant is then allowed to cross-examine your witnesses. | ||
==How do you proceed if you’re the defendant?== | ==How do you proceed if you’re the defendant?== | ||
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In most cases, after listening to both parties and the witnesses and reviewing the documents, the judge will make a decision and tell you what it is. Sometimes however, the judge will postpone telling you his or her decision to a later date. | In most cases, after listening to both parties and the witnesses and reviewing the documents, the judge will make a decision and tell you what it is. Sometimes however, the judge will postpone telling you his or her decision to a later date. | ||
If the judge decides the claimant has | If the judge decides the claimant has proven his or her claims on a balance of probabilities, the defendant will have to pay the full amount of the claimant’s claim. If the judge decides that the defendant’s evidence is more convincing, then the defendant will not have to pay the claim amount. Further, the losing party usually has to pay the winning party costs for things such as filing fees, delivering documents and witness costs. In circumstances where the judge thinks that a party started or defended a claim without a reasonable prospect of success, they can order that the losing party pay a penalty amounting to 10% of the claim value. The amount the judge orders the losing party to pay may be due immediately, or the judge can make a payment order setting out a payment schedule. | ||
==There is a simplified trial process for Vancouver and Richmond== | ==There is a simplified trial process for Vancouver and Richmond== | ||
