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Judge assigns date and place of hearing after getting direction questionnaire from all litigants. The document with date of hearing and court direction is sent all participants. Court direction contain information what defendant must provide to the court and how to they should be prepared to the hearing.

Usually, judge asks parties to send a witness statement, expert’s reports, a copy documents such as contracts, receipts, invoices, correspondence between parties, photographs and other small claim evidences.

If you need to bring some bundle at hearing it needed to be done three copies of each documents: one for you, second – for defendant (take into account a quantities of defendants) and third for the court.

What happens in the court room

As soon as you arrive at court you need to report it to the reception desk or to the usher or member of the court.

How to communicate with judge: be polite, concise and respectful, avoid interruption of someone’s speech. You can refer to the judge as “Sir”, “Madam” if small claim case is considered by the district judge.

If you have some questions about hearing's formal process you may ask a member of court’s staff.

Usually, judge read the small claim statement and other documents before the hearing. More likely he could let parties to give a quick summary of his position on claim case. Then judge could ask some question. Parties shouldn't interrupt others. If it necessary judge let you time to response or object.

If you prepare own witness statement it would be wise to have a copy in front of you and be prepared to quickly reply or refer to exact paragraph in your statement.

At the end of hearing judge tells to the party what judgment has been issued or gives further orders. Be prepared to make some short notes because copy of court order or judgment will come within a few days.

Fail to attend the hearing

In this situation party should notify court about non-attendance hearing at least 7 days before the hearing date. Non-attendance hearing by one or both parties is governed by the CPR 27.9.

If claimant fails to attend the hearing court may strike out the claim

If defendant fails to attend the hearing but claimant arrives, court may issue judgment on the basis of the evidence of the claimant alone.

If both parties fail to attend hearing, court may strike out the small claim.

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