Pre-Trial Conferences Small Claims Court Self-Help Guide



Similar documents
What Is Small Claims Court? Small Claims Court Self-Help Guide

How to Start a Small Claim Small Claims Court Self-Help Guide

Public Guardian and Trustee. What is Probate? Estate Administration Self-Help Guide. Public Guardian and Trustee of Yukon

Do You Need an Enduring Power of Attorney?

Public Guardian and Trustee. Closing an Estate. Estate Administration Self-Help Guide. Public Guardian and Trustee of Yukon

A WALK THROUGH YUKON S SMALL CLAIMS COURT

Applying for a Divorce

How To Prepare For Court In Small Claims Court

What is Small Claims Court?

Procedures in. Family Court

S u m m a ry Judgment and S u m m a ry Trials in Supreme Court

SPECIAL CIVIL A GUIDE TO THE COURT

If you can t get a lawyer for your criminal trial:

A Guide to. Procedures in. Family Court

RULE 63 DIVORCE AND FAMILY LAW

Requisitions. When to use a requisition. What is a requisition?

GUIDE TO SMALL CLAIMS COURT The Rural Law Center of New York, Inc.

How to make. a civil claim in the District Court

A Introduction to Small Claims Court

SMALL CLAIMS COURT INFORMATION

Guide to Replying to a Claim

Limited Action Suits

Representing Yourself. Your Family Law Trial

Creditor Lawsuits Handbook

Small Claims Court Information provided by Oregon State Bar

The Case Planning Conference

Fast Track Litigation

SMALL CLAIMS PROCEDURE

PREPARING AFFIDAVITS FOR THE MAGISTRATES COURT. Getting an affidavit right

Adviceguide Advice that makes a difference

HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT

Claims. Appeal Options. Independent reviews Small claims court Appraisals Rates Appeal Board

GENERAL INSTRUCTIONS For Use with All DOM REL Forms

EARLY CARE & EDUCATION LAW PROJECT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

YOUR RIGHTS AS A TENANT

Drafting Orders. Types of orders

Restitution Basics for Victims of Offenses by Juveniles

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

This guide gives general

Counsel must be fully familiar with the Uniform Civil Rules for the Supreme Court 22 NYCRR Part 202.

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT)

Restitution Basics for Victims of Crimes by Adults

I m behind in my mortgage payments, what should I do?

Getting a Trial Date in Cowlitz County

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ PHONE (928) FAX (928)

Defending an Action Started by a Notice of Civil Claim

The mission of the Legal Aid Society is to pursue justice for people in poverty.

Information For Tenants. About Evictions. And the Court Process

Free Report: How To Repair Your Credit

Costs in the Supreme Court

A Guide to. Procedures in. Family Court

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS

How to prove your family law case. Rules about what you can say in court. Who should use this fact sheet? What do these words mean? What is evidence?

Crashed your car? Information on claims for damage to your car, in and out of court

January 9, The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL (618)

INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN

1 Deciding How to Respond to the Complaint Answering, settling or defaulting

family responsibility office What should I do if I have received a Notice of Default Hearing?

PROCEDURES FOR PLAINTIFFS IN CIVIL CASES

How To Process A Small Claims Case In Anarizonia

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

What can I do if I want to ask a question about my case? But always tell the court your claim number and the date of your hearing if you have one.

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Quick Guide 12: Bringing a Small Claim in the County Court

Retainer Agreement and Information Personal Injury Contingent Fee

APPEARANCE, PLEA AND WAIVER

OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE THE ACCOUNTANT OF THE SUPERIOR COURT OF JUSTICE

Small Claims Handbook A citizen s guide to handling small claims complaints in Kentucky

LANDLORD S GUIDE TO NONPAYMENT SUMMARY PROCEEDINGS

SMALL CLAIMS COURT IN ARKANSAS

Guide to Getting Ready for Court

ALL SMALL CLAIMS SERVICE

SMALL CLAIMS DIVISION INFORMATION

DIVORCE LAW IN HAWAI I

SMALL CLAIMS COURT CHECKLIST for Plaintiff

CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

January 9, The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL (618)

NOVA SCOTIA Small Claims Court

Application in Provincial Court of Alberta under the Residential Tenancies Act. Mobile Home Sites Tenancies Act

Frequently Asked Questions Foreclosure

How To Settle A Car Accident In The Uk

Civil Suits: The Process

Resolving Your Case Before Trial

Small Claims Court LEGAL SERVICES. Consumer Law Project for Elders CONSUMER. We offer free legal help in many areas including:

EX306. The small claims track in the civil courts. About this leaflet. If your dispute has gone to court. Important information about this leaflet

MAGISTRATES COURT OF WESTERN

Trials in Supreme Court

Small Claims Court Review for Volunteer Attorneys

Guide to Small Claims Court

Headquarters Army Legal Assistance Catterick Barracks British Forces Post Office 39

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

Choosing Small Claims or Fast Track Litigation

Practice Resource. Retainer agreement and information. Personal injury contingent fee. Dear [client name]: Accident of [date of accident]

Compensation Recovery Unit. Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments

TOC INDEX. Working with Your Lawyer. Keith Wilson. Introduction. Choosing a Lawyer

Transcription:

Small Claims Court Pre-Trial Conferences Small Claims Court Self-Help Guide 4 Justice Court Services

Information Resources Whitehorse, Yukon Yukon Government Consumer Services 867-667 - 5111; toll free (in Yukon) 1-800 - 661-0408, ext. 5111 Email: consumer@gov.yk.ca Web site: www.community.gov.yk.ca/consumer/index.html Location: 307 Black Street Corporate Affairs 867-667-5314; toll free (in Yukon) 1-800 - 661-0408, ext. 5314 Email: corporateaffairs@gov.yk.ca Web site: www.community.gov.yk.ca/corp/index.html Location: 307 Black Street Employment Standards 867-667-5944; toll free (in Yukon) 1-800 - 661-0408, ext. 5944 Email: employmentstandards@gov.yk.ca Web site: www.community.gov.yk.ca/es/index.html Location: 307 Black Street Small Claims Court Registry 867-667-5619; toll free (in Yukon) 1-800 - 661-0408, ext. 5619 Email: courtservices@gov.yk.ca Web site: www.yukoncourts.ca/courts/smallclaims.html Location: Ground Floor Law Courts, 2134 2 nd Avenue Non - Government Law Line - Yukon Public Legal Education Association (YPLEA) 867-668 - 5297; toll free (in Yukon) 1-866 - 667-4305 Email: ypleayt@gmail.com Web site: www.yplea.com Location: Ground Floor Andrew A. Philipsen Law Centre, 2134 2 nd Avenue Law Society of Yukon (Lawyer Referral Service) 867-668 - 4231 Email: info@lawsocietyyukon.com Web site: www.lawsocietyyukon.com Location: Suite 202 302 Steele Street (T.C. Richards Building) Lawyer Referral Service half hour consultation with a lawyer $30 incl. GST Lawyers To contact a lawyer s office, look in the phone directory under Lawyers in the Yellow Pages or under names of local law firms

IMPORTANT! This guide has been produced by the Court Services Branch of the Yukon Department of Justice. It is intended to be used as a guide only and is not considered a comprehensive legal resource. The information provided does not replace a lawyer s advice and cannot teach you everything you need to know. Even if you decide to proceed without a lawyer, you should consult a lawyer for interpretation of the law that applies to your case and for other legal advice. The information provided in this guide is believed to be correct as of its date of publication. Pre-Trial Conferences What should I do if the defendant disagrees with my claim? You should ask the clerk to set up a pre-trial conference. At the pre-trial conference, a Justice of the Peace (JP) or a Small Claims Court Judge may assist the parties to try and settle the case without a trial. If you are unable to reach an agreement, the JP or judge will set the matter down for trial. What is a pre-trial conference? A pre-trial conference provides an informal setting for the parties to set out the issues involved in the claim and the evidence they will provide to the court to support their case. This conference helps to give each side a good understanding of the other s point of view. By setting out the issues and the evidence involved in the trial before the case goes to court, a trial may take less time and be less expensive for the parties. The JP or judge in charge of the pre-trial conference may attempt to have the parties reach a consent agreement. If the parties come to an agreement, the matter will not be set for trial. When is a pre-trial conference held? A pre-trial conference must be held when the parties have been unable to resolve the claim themselves. Generally pre-trial conferences are held in Whitehorse, unless the parties reside in another community and want it held there. You can ask the clerk to set up a pre-trial conference if pre-trial conferences are available in your community. If you live in a community that does not have a court registry, the clerk can set the pre-trial conference for the next court circuit date and a judge can take charge of the conference. Pre-Trial Conferences Self-Help Guide pg. 1

What happens at a pre-trial conference? The JP or judge will ask both parties to give the full details of the dispute from their point of view. If you have hired a lawyer to deal with the claim, your lawyer can attend the conference for you. The JP or judge will try to find out if the parties agree on any points of the case so that it can either be settled by a consent order at the pre-trial conference or so that there will be fewer issues to sort out at the trial. How should I prepare for the pre-trial conference if I am the plaintiff? You should be prepared to prove two parts to your case. First you must prove the defendant s liability; that is, that the defendant did something wrong to you. Secondly, you must prove the amount that you are claiming. If you are claiming that the defendant wrote you an NSF cheque, or failed to repay a loan, you should produce the NSF cheque, and/or proof that to date the defendant has not paid you. If you are claiming that the defendant caused damage to your belongings, you should provide an estimate for repairs or a repair bill, or a bill for the cost of a similar item or items you had to buy to replace the damaged property. You must be well prepared and bring all your documents relating to the case. The JP or judge will ask questions about your case and the evidence you will use to support your case. Evidence includes such things as bills or receipts, and the oral statements that you and your witnesses will make in court. The JP or judge can help by pointing out what kind of evidence you will need to do a good job of presenting your case in court. To help you organize your case, you may want to prepare a worksheet which states the facts you want to prove on one side of the page, and the evidence you will present to support those facts. If you want more information about what is considered evidence, refer to Guide #5, Getting Ready for Court. How should I prepare for the pre-trial conference if I am the defendant? Look over both the claim form that was served on you and your reply to the claim. If you disagree with the plaintiff s version of what happened, be prepared to explain why, and bring any evidence that you have to support your side of the story. Also be prepared to tell the JP or judge if you agree with any parts of the claim. (You may find it useful to prepare a worksheet similar to the one described above for the plaintiff.) If you disagree with the amount the claimant says you owe, you must show the JP or judge the amount you think is correct and how you arrived at that amount. If you agree with the amount but you can t pay it all at once, you should bring evidence of your financial situation such as recent pay stubs or last year s income tax return. Tell the JP or judge what kind of payment terms you can manage. You should also think about a few other points. For example, has the plaintiff named the correct defendant? If the plaintiff had a contract with your corporation, and you own the corporation and did the work, the claim must be filed against the business and not against you personally. Even if the plaintiff has suffered the damage described in the claim, has it been proven that it was your fault? Is the amount claimed by the plaintiff reasonable, or was the damaged property old and worn before it was damaged, and not worth as much as a similar item in brand new condition? pg. 2 Pre-Trial Conferences Self-Help Guide

What should I do if I don t live in the same community as the other party? You can request to appear at the pre-trial conference by phone. If you want to do this, you will have to prepare and file the following documents with the court: A Notice of Application (Form #8) to request that the matter be heard by phone. As you will be required to serve the other party, you should check the box marked With notice (by serving the other party) ; An Affidavit (Form #9) setting out the evidence to support your application; and A draft Order (Form #11) directing that your appearance at the pre-trial conference be by phone. Be sure to make several copies of these documents before you file them with the court. The number will vary depending on how many people are parties to the court action, but you will need one copy for your file, one for each person served and one for filing with an Affidavit of Service (Form #7) for each person you serve. What else do I have to do to let the other party/parties know about my request to appear by phone? You must serve every party who has filed documents (called pleadings ) with a copy of the Notice of Application, Affidavit and draft Order as well as a Response (Form #26). Ask the clerk for a date to hear the application before you complete the Notice of Application and include this date in the document. It will be before any date set for the pre-trial conference. You must serve all these documents at least seven days before the date set for the pre-trial conference. Then you must file one copy of the documents you served attached to an Affidavit of Service (Form #7) for each person you served to prove to the court that you served them. What happens if a party agrees to the application or fails to respond to my request? Each party has five days to file a response to the application. If they agree to the application, or if they do not respond to the request, the court will probably sign the order letting you appear at the pre-trial conference by phone, without making you phone or come to court on the application hearing date. If a judge does not sign the order, you can phone in to the hearing to explain why you think you should be able to phone in to the pre-trial conference itself. What happens if we reach an agreement at the pre-trial conference? If the pre-trial conference results in an agreement, the JP or judge will fill out a Pre-Trial Consent Order (Form #12) for both parties to sign. Once it is signed, the JP or judge will ask the clerk to file the order in court and to provide each party with a copy of the filed order. This order has the same legal effect as if a judge made the order as a result of a trial. (The plaintiff can then use any means allowed by the court to collect on the debt if the defendant does not pay.) Pre-Trial Conferences Self-Help Guide pg. 3

What happens if we settle the matter outside of the pre-trial conference? The parties can apply to the court for a consent order by filing these documents with the court: Requisition for Order (Form #10); Draft Consent Order (Form #11); Evidence that they consent to the draft order (all parties should sign this order); and If necessary, an affidavit in support of the consent order. There is no charge to file these documents with the court. Whether you settle the matter at the pre-trial conference or outside of any court proceedings, the judge may order a full or partial refund of the filing fees if the issues are resolved without a trial. What happens if we can t agree? If the pre-trial conference ends without resolving the problem, the matter will be set down for trial. The trial date may be determined at the pre-trial conference or the judge may direct the clerk to contact the parties about a suitable date. Within 14 days of setting the date, either party may go to the court registry to complete a Notice of Trial (Form #15) and pay a $50 fee to set a trial for that date. Failure to pay the trial fee at that time may result in the trial date being removed from the list and the case may not be heard. The clerk will stamp the completed Notice of Trial and return copies of it to the plaintiff or defendant to serve on the other parties involved in the claim at least 28 days before the date set for the trial. Service can be in person, by regular mail, or by fax. What happens if one of the parties doesn t show up at the pre-trial conference? If the defendant doesn t show up, the plaintiff can complete a Default Judgment form and have the clerk sign it. If the claim is for a liquidated amount (such as the amount of an NSF cheque or unpaid bill), the judgment will be on Form #13. If the amount has been estimated (as in cases of personal injury or property damage), the judgment will be on Form #14, which will require a judge to sort out a fair and reasonable amount for the claim. The clerk will fill in the section of this form which sets out the date of a court hearing for the judge to decide on the amount of the claim. The defendant does not have to be told of the date of this hearing. (For further information on default judgments, see Guide #6, Judgments and How to Collect a Small Claim.) If the plaintiff doesn t come to the pre-trial conference, there is a chance that the claim could be struck. The plaintiff should contact the clerk as soon as possible after the date of the pre-trial conference if they wish to proceed with their claim. pg. 4 Pre-Trial Conferences Self-Help Guide

NOTES Pre-Trial Conferences Self-Help Guide pg. 5

2012 Government of Yukon ISBN 978-1-55362-599-5 For more information, or to obtain copies of these publications, please contact: Small Claims Court Court Registry Ground floor, Law Courts 2134 Second Avenue (between Wood Street and Jarvis Street) Box 2703, Whitehorse, Yukon Y1A 2C6 www.yukoncourts.ca Tel: 867-667-5619 Toll free in Yukon: 1-800-661-0408, extension 5619 Également disponible en français