Directions
The Court will issue directions for any small claim that is defended. A trial date will normally be given at the same time. The directions are designed to prepare the case for trial.
Steps may need to be actioned immediately or within a set time before the trial. The most common steps are serving documents and statements, but you should read any Order carefully.
Where the Order tells you to file something that means you have to send a copy to the Court. If it says you should serve something it means you should send a copy to each person on the other side. It is says to file and serve you must do both.
Rules on disclosure are limited in small claims. The parties are only obliged to serve documents which they intend to rely on. If you think the other side has a document you need you should ask for it in your allocation questionnaire, failing which you should write specifically asking for it. If they do not provide it then you should write to the Court asking for a specific Order for disclosure.
Statements should tell your story in a logical sequence. They should start off setting the background and then go into details. The formal requirements of a statement are as follows:
- Start with the name of the case and the claim number;
- State the full name and address of the witness;
- Set out the witness's evidence clearly in numbered paragraphs on numbered pages;
- 'I believe that the facts stated in this witness statement are true.'; and
- It must be signed by the witness and dated.
Where possible you should make use of photos of the items in issue. The old adage, a picture paints a thousand words, is still true after all these years.
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