Small Claims Trials (20:XIV): Difference between revisions
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→B. Summary Trial for Financial Debt
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== B. Summary Trial for Financial Debt == | == B. Summary Trial for Financial Debt == | ||
At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit. Often, little in the way of defence can be offered in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence with some merit is advanced, the judge may send the claim to mediation, order a trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the | At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit. Often, little in the way of defence can be offered in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence with some merit is advanced, the judge may send the claim to mediation, order a trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the formal rules of evidence or procedure260. Note the rules requiring early disclosure of all relevant documents261. | ||
== C. Regular Trial == | |||
Rule 10 trials are held at all registries and are the most common form of small claims trial. | |||
=== 1. Courtroom Etiquette === | |||
*Be on time. If you are late, apologize and be prepared to give an excellent explanation. | |||
*Introduce yourself and state your name clearly. Remember to spell your surname for the record. | |||
*Use simple words; do not use “legalese”. | |||
*Do not speak directly with opposing parties. Make submissions only to the judge and have him or her ask questions to the opposing party. | |||
*Never call witnesses by their given name. Use Mr., Ms., Miss, or Mrs. followed by their last name. | |||
*A judge of the Provincial Court is referred to as “Your Honour” and the clerk is referred to as “Madame Clerk” or “Mister Clerk”. When referring to another party, use Mr., Ms., Miss, or Mrs. followed by their last name or refer to them according to their status in the claim (e.g., the defendant). | |||
*Generally you should limit objections to issues that are of central importance to your case. If you have an objection, stand up quickly and say “objection”. The judge will acknowledge you and may ask for the reason you are objecting. | |||
=== 2. Court Room Layout === | |||
The judge’s bench is usually elevated above the rest of the court so the judge has a good view of the proceedings. The litigants’ table is in front of the judge, and the parties will come and sit there when their case is called. Often there is a raised lectern to hold papers when a litigant stands to ask questions. The court clerk’ s table is beside the witness box and between the litigants’ table and the judge’ s bench. The witness box will be on either the judge’ s left or right. The public gallery will fill up the remaining part of the courtroom. Parties will wait in the gallery until their case is called. There will be microphones throughout. They do not amplify your voice and are for recording purposes only. Speak at a moderate speed and project your voice. 3.Check-In Procedure The court clerk will ask ahead of time for the names of each party and, if they have one, their lawyer. Each party must tell the court clerk or judge as soon as possible if there are any preliminary motions or applications that should be heard first, whether there are any problems with witnesses and possible delays, and whether the number of witnesses or issues has changed from the settlement conference. This will help to determine the schedule of cases for the day and avoid as many delays as possible. If all matters on a given day proceed to trial, the courtroom will often be overbooked, and you will be asked about the urgency of your trial. If you are not heard first, you may be given a choice to wait and see if another judge becomes available, or to adjourn to another date. If the trial has been previously adjourned, or expert or out of town witnesses are present, the trial will likely be given priority. | |||