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In such event, appointing an expert to prepare a witness statement or an expert report may be necessary. In general, from the beginning to the end of a case, the proceedings can be divided into three stages, namely, call-over, mention hearing(s) and trial. A witness who is found not to have told the truth in court may be liable to criminal prosecution and imprisonment. You should ask yourself the following questions before taking action in the Tribunal: (1) Can I settle the disputes without going to court? If there is no settlement the Tribunal will proceed to hear and determine the claim. Before issuing a claim, the claimant should ascertain the full name of the defendant and his last known address. If, during the call-over or at any subsequent stage of the proceedings, the defendant lodges a counterclaim which exceeds or which does not fall within the jurisdiction of the Tribunal, the whole case, i.e. A director, company secretary or an authorised officer should sign if the claim is made by a corporation and he should write down his full name together with his post and affixed with company chop next to his signature. If the defendant is a corporation (e.g. state the amount of the claim in Hong Kong Dollars, state how the amount is calculated with breakdown, use a separate sheet of paper if necessary. To help us improve GOV.UK, wed like to know more about your visit today. The information on this web page is for private use only. Respond to a small claim Form 8C can be obtained from the Tribunal Registry or the Information Centre. i. Mr. Panipasa Matailevu At each mention hearing, the Adjudicator will review with the parties as to whether they have collected sufficient evidence in support of their respective cases. in respect of any of the following claims: For the recovery of land or any estate or interest therein; In which the title to any land or any estate or interest therein, is in question; Which could not be brought in a Magistrates Court; and. Sample completed Forms 1 and 2 are displayed at the Information Centre. The person against whom a claim has been filed is called a "Respondent". The defendant may, without permission of the Adjudicator, pay into court a sum equal to the claimed amount together with the claimant's filing fee as costs. Application for review of an Award/Order by a party (SCT08C) 29 KB. He can do so by completing and filing Form 8D "Application to Set Aside an Award / Order" and set out the reasons for absence with supporting proof. The Small Claims Tribunal is headed by a Referee and determination of a particular matter will be made as the Referee thinks fit. Ensure that you have all the relevant documentary proof, receipts, etc. The Tribunal staff will inform the parties whether they have to attend the scheduled hearing. The presiding judge will be a Tribunal Member, Administrative Law Judge or Hearing Officer. Common types of disputes involve goods, services, or residential tenancy agreements not exceeding 2 years. The time limit must be observed strictly. You can change your cookie settings at any time. claim and counterclaim, will be transferred to the appropriate court or tribunal. Contact details are accurate only up to the date of printing. The Tribunal deals with monetary claims not exceeding $75,000. The purpose is to introduce to litigants a broad outline of civil proceedings in the Tribunal. To support his application, the defendant must provide a table showing his income and expenditure per month. You should therefore be prepared to accomplish these tasks. The appeal will be heard by a Judge of the Court of First Instance. Make your time count! . In any case, we will give you an interim reply within 10 days and a full response within 30 days of receiving a letter. Katonivere House Hospital Road, Labasa. The hearing happens only if the dispute was not resolved at the consultation. Upper Tribunal (Immigration and Asylum Chamber) appeal list added to page. Dont include personal or financial information like your National Insurance number or credit card details. If a claimant is absent from any hearings or at trial, his claim may be struck out for want of prosecution. Chan Tai Man trading as XYZ Company) or a partnership (e.g. 88A-2022. OF DAYS ARJND REMARK HEARING 1. It can also be downloaded from the Judiciarys website or obtained by fax via the Interactive Voice Recording System of the Tribunal. Proceed to the SCT at Level 3 of the State Courts. Hearing lists published for courts and tribunals. the losing party) to a sum equal to the judgment plus the incidental expenses of execution. direct parties on how to prepare for the trial, including directing the parties to exchange witness statements and other supporting documents before a specified date (if you do not comply with the Adjudicator's direction, you may lose your case and/or lose costs to the other party). Application for re-hearing is made to the tribunal only if it has made an Order. The most common types of small claims cases are: Claims for moneycivil actions where . The Registrar shall arrange payment out of the sum paid into court to the receiving party by cheque. Please write down the claim number, the name of the defendant and the contact phone number at the back of the cheque. After the writ has been signed by the court, which usually takes 3 working days, it will be passed to the Bailiff Office for execution. If you have questions of a procedure nature, before you file your claim, you can approach the Information Centre for assistance. If you have any questions about filing Small Claims cases, call the following numbers: Oahu. The main types of claims handled by the Tribunal are: If your claim exceeds $75,000, you are not allowed to divide it into separate claims so as to fit in the Tribunals jurisdiction. An association, partnership, or corporation may also file a claim in Small . Preparing your evidence for the hearing is just as important as preparing your thoughts. Senior Court Officer II: +679 881 6780 / +679 9922438. The appeals may be made on the following grounds: If the Tribunals order is not complied with by the respondent/party, the applicant may file the Complaint form for enforcement and the following may be applied: [Note: Please refer to the information provided under the Magistrates Court Civil link (Enforcement of Court Orders). At any time, the Adjudicator may make such order as he deems fit. Find out about the Small Claims Tribunals and the process to file a small claim. The forum is the Court of First Instance. the full name(s) and address(es) of the person(s), corporation, sole proprietorship or partnership named as the defendant. Refusal by the Court of First Instance to grant leave to appeal is final. For details on the practice and procedure adopted in the Tribunal, you may refer to the Small Claims Tribunal Ordinance (Chapter 338, Laws of Hong Kong). Support. Patents Court hearings added to collection. If the application is granted, the other party will also be notified of the adjournment by the Tribunal. Upon payment into court by the defendant, the Registrar of the Small Claims Tribunal (the Registrar) may remove the case from the call-over list and the Tribunal staff would inform the Claimant that the call-over had been vacated since the Defendant had paid such sum into court. At the hearing, make a request to the tribunal magistrate, who will decide whether witnesses can give evidence. Small Claims hearings are generally 30 minutes in length. But please note that these sample forms are for reference only and are not meant to be exhaustive. Ensure that it is within the Jurisdiction of the Tribunal, i.e. A Small Claims Tribunals (SCT) hearing takes place before a tribunal magistrate. attend the hearing and tell their side. The winning party should write back to the Bailiff Office with further instructions within 14 days from the date of execution. In this section Get Help with Your Case Rules & Forms NOTICE Limits on small claims. Mr. Ifereimi W Soata ], Central/Eastern: Both the claimant and the respondent must attend court. Applicant would be notified of the outcome as soon as possible. It can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. It is a good practice to paginate them as a whole so that when you refer to the pagination of a particular document, the Adjudicator and the other party can easily identify the same document. You may only file an action for money (not for the return of property or for any other remedy). (d) "Non-property tax appeal" means any contested case, other than a . A form for such application (Form 409-S) can be obtained from the Tribunal Registry or the Information Centre. If further mention hearings are required as a result of any amendment to the claim or counterclaim, the party proposing the amendment may have to bear the costs of that hearing to the other party. Ms. Vijayanti Mala Naidu, Northern: ii. Any person over the age of 18 years can sue in Small Claims Court. Such enquiry and/or application must be sent to the Tribunal well in advance so as to allow the Adjudicator sufficient time to consider and reply to the same. The time limit is either (i) within 7 days after the date the written award or order is served on him; or (ii) if, within the same 7 days, he applies to the Tribunal for written reasons for the award or order, 7 days from the date the reasons are served on him. You can also refer to the website of the Duty Lawyer Service. The limit to the amount that a person can sue for in small claims cases is $20,000. The defendant has to reply to each and every allegation of the claimant as stated in the claim form paragraph by paragraph. It has jurisdiction in respect of any civil claim with a monetary ceiling of $5,000.00. ABC Company Limited), the claimant should make a company search to obtain updated information about its name and its registered office. As the case goes along, more and more witness statements and documents will be filed and served by the parties. The trial process in the Tribunal is, like other courts in Hong Kong, adversarial. In such event, if it appears that the claim forms and notice of hearing have been properly served on the defendant and the claimant can provide sufficient evidence to prove his claim, the Adjudicator may enter default judgment against the defendant. Small Claims Court hearings are usually set for 30 minutes total. Calendar to be updated here when dates are confirmed. The claimant or counterclaimant may execute or enforce an order by the Small Claims Tribunals if the other party does not comply with it. If you are a senior citizen, a disabled person, or a person who works during the evening, you may request that your small claims hearing be heard during the day. The Registry or the Information Centre staff will give the winning party an application form (called "a praecipe") and a writ. (b) "Clerk" means the chief clerk or a deputy clerk of the tribunal. It is always better to come to a solution that . Prescribed witness expenses will have to be paid by the applicant. The tribunal magistrate will be able to read these submissions in advance. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. You will have to pay various fees to the Tribunal at various stages of the case. The proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or. The above is not an exhaustive list. Please refer to the Daily Cause Lists posted up at various courts and tribunals for the most updated information. After filing the counterclaim, the defendant is required to serve a copy of the same on the claimant himself by post. The winning party should think carefully before proceeding. A party should first write out his proposed amended claim or amended counterclaim and then send a copy each to the Tribunal and to the other party. If it is necessary for the purpose of the Act to ascertain the value of any chattels or work or to resolve any dispute as to such value, that value shall be determined by the Tribunal in such manner as it thinks fit. Please note that if the claimant wishes to amend his claim particulars after filing Forms 1 and 2, he needs to apply in writing for permission to amend from the Adjudicator. If the claim still cannot be served, the Tribunal may allow other means of serving. Claims inappropriately commenced in the Tribunal may be transferred to other courts or tribunals either at the call-over or at any subsequent stage of the proceedings. classifying a case as defended or undefended; helping to bring about a settlement (on a voluntary basis); and. It is the duty of both the Adjudicator and the Tribunal Officer to attempt to assist the parties to settle the dispute. At the mention hearing, the Adjudicator may: In order to ensure the mention hearing is constructive, all parties should get themselves familiar with the latest development of the case. Community Justice and Tribunals System (CJTS), possible orders the tribunal magistrate can make, Settle a tribunal or protection from harassment dispute online: eNegotiation or eMediation, Set aside a small claims order made in your absence. The Daily Cause Lists will be uploaded to this web site by 6:30 p.m. of the preceding working day. The Adjudicator is not bound by his previous finding of facts. At any hearing in the Tribunal, if a person behaves in an insulting or threatening manner, or wilfully interrupts the hearing, the Adjudicator may summarily sentence that person to a fine of $10,000 and imprisonment for 6 months. The claimant may approach the Tribunal Registry or the Information Centre or browse the Judiciarys website for details of prescribed filing fee. Application would be submitted for the Adjudicators direction. Preferably such witness will give a witness statement explaining the contents and significance of those documents. A counterclaim is a counter-document filed by a defendant who, in addition to seeking to defend against a claim, wishes to make his own separate and independent claim against the claimant for some causes of action related with the claim, or flowing from the facts contained in the claim. Original of those documents should be kept by the filing party but they should be ready for inspection by the Tribunal or the other party at any hearings or trial. A claimant may amend his claim or a defendant may amend his counterclaim at any stage before judgment is given. File a small claim Find out about the Small Claims Tribunals and the process to file a small claim. Forms 1 and 2 have to be filed at the Tribunal Registry in person. Refer to A Guide to Small Claims (PDF, 716 KB). A sole proprietor should sign Form 2 personally and write down his full name together with Sole proprietor next to his signature and affixed with company chop (if any). Depending on the complexity of the case and on many other factors, including the readiness of the parties in complying with directions given by the Tribunal in preparing the case for trial, there may be more than one mention hearing before trial. In Nassau and Suffolk Counties you can sue for up to $5,000. (Only the Defendant can request a hearing.) Prescribed filing fee is required to be paid. Small Claims Court is a special court where you can resolve disputes quickly and inexpensively. The rules are simple. The Tribunal hearing officer may then question the parties. The parties should make careful notes of all evidence they wish to adduce at trial so that nothing important will be left out. i. Ms Sitama Venkatappa Your witness must attend the hearing with you to give evidence on your behalf. If the judgment debtor does not pay within the grace period, the Bailiff will conduct a sale by public auction of the goods seized. It is advisable that in the witness statement, the facts should be set out in a chronological order with separate numbered paragraphs. Your small claim may proceed to a hearing if it is not settled at the consultation. To enforce a judgment, the winning party may apply at the Tribunal Registry for a Writ of FiFa. the claim is not more than $5000. Language . However, you were not there when the accident occurred. Maui County. If a party opts to appeal, he must first apply for leave to appeal within time limit by filing Form 9 with the Registrar of the High Court. Daily cause lists will be posted by 6:30 p.m. on the working day preceding the trial day. In addition, an identical copy of those documents filed with the Tribunal should also be served on the other party at the same time. For example, you may negotiate an instalment payment with the intended defendant. Please bear in mind that it is possible for the Adjudicator to award costs arising out of the application for adjournment to the other party. Witness statement should be concise in style but comprehensive in contents, covering all the facts relevant to the claim/ counterclaim and the disputes. In that case, it is necessary to prepare a number of witness statements, each of which should contain an account of facts the statement maker, i.e. After perusal of those documents, each party should formulate his line of cross-examination on each of the other partys witnesses. iv. Daily Cause Lists; The Warned List; Information for parties to proceedings If a party wishes to rely on other documents, e.g. Making of final submissions is optional. They cannot give you legal advice, e.g. The Registrar may elect not to remove the case concerned from the call-over if doing so may result in possible unfairness to the other party. Witness statement is the usual form of evidence in civil proceedings. invoices, receipts, letters, etc., he has to consider calling the witness who has personal knowledge of the contents contained in those documents to give evidence. Small Claims Court is designed to handle small matters in the simplest forum possible. Parties may engage lawyers to conduct the appeal. toggle menu. If you are a corporation, a copy of the updated Annual Return (obtainable from the Companies Registry). Box address and care of address are not acceptable. What a defendant may do after receipt of the claim, General points to note about small claims proceedings, How to prepare for and conduct a hearing or trial, Application to set aside, review and appeal, Typhoon and Rainstorm Warning Arrangements, 3/F, Tower B, West Kowloon Law Courts Building, 501 Tung Chau Street, Sham Shui Po, Kowloon, 4/F, Revenue Tower, 5 Gloucester Road, Hong Kong, 13/F, Queensway Government Offices, High Block, 66 Queensway, Hong Kong, Suites 808-809 Harcourt House, 39 Gloucester Road, Wanchai, Hong Kong, LG2, High Court Building, 38 Queensway, Hong Kong, 10/F, Queensway Government Offices, High Block, 66 Queensway, Hong Kong, - where the claim exceeds $5,000 but does not exceed $25,000, - where the claim exceeds $25,000 but does not exceed $50,000, - where the claim exceeds $50,000 but does not exceed $75,000, Summons and copy, including service, each witness, Copy of any document (including written award or order) made in the Tribunal Registry and certifying the same (per page), Copy of any document (including written award or order) made in the Tribunal Registry (per page), Photostatic copy of document made in the Tribunal Registry and certification -, - for each page or portion of a page exceeding in size 210 mm x 297 mm, Such additional fee as the Registrar may fix, Translation of any document made in the Tribunal Registry and certificate (per page), Every search in the Tribunal Registry for each register, file or document, Transportation or conveyance expenses and overtime, according to distance and time (to be paid in cash), Actual expenditure plus 20% being administrative charges, Attendance of any Government official to produce or prove in the Tribunal any record or document called for by any party other than the HKSAR Government, Attendance of any Government official to give any other evidence in the Tribunal -, (b) when not called as an expert (per hour) or portion of an hour of attendance, Filing any affidavit or declaration (other than affidavit or declaration of a bailiff of Court) (including administering any oath or taking any declaration in the Registry), Filing any notice or document in the Tribunal not hereinbefore referred to (other than a notice or document expressing an intention not to proceed with a claim or defence), Sealing any document in connection with proceedings in the Tribunal not hereinbefore referred to, Any other matter or proceeding not hereinbefore referred to and for which no fee has been specified herein, Amendment of claim forms (per amendment application), Bailiff to deliver claim documents (per address), * Note : Travelling expenses for witness (Non-government official), What to consider before you start a claim, Things you should pay attention to if you decide to file a claim with the Tribunal, Assistance you can get from this series of pamphlets, When a defendant agrees to pay whole/part of the amount claimed, When a defendant agrees to pay but asks for time to pay or payment by instalments, When a defendant disagrees with whole/part of the claim but does not have a counterclaim, When a defendant disagrees with the claim and has a counterclaim, What kind of hearings will there be from the beginning to the end of a case, Application for amendment to claim or counterclaim, Copy documents to be filed with the Tribunal and served on the other party. Section 4 14. The winning party has to make an appointment with the Bailiff in advance for this purpose. Be prepared before you go to Small Claims Court. The more attempts are made, the more costs will be incurred. Fridays: 8:00 AM 4:00 PM (except for gazetted Public Holidays), P O BOX 2215 Govt Bldgs, Suva [Level 1, Building D, Old Parliament Complex, Veiuto, Suva. Each party to the proceedings must collect evidence to support his case. Tribunals and the Employment Claims Tribunals.3 Presently, SCT Referees (who will be re-designated as "Tribunal Magistrates" if proposal S/N 12 above is adopted) must be appointed separately by the President on the recommendation of the Chief Justice (see section 4(1)). But permission from the Adjudicator to amend is required before amendment can be made. Court Officer: +679 8926140 / +679 9922464. In addition, there are other subsidiary hearings, e.g. the courts do not provide legal advice. There is no standard format for making an application to adjourn the case. Statement of Inability - Fill out this form if you are unable to afford the filing or service fees, other court fees, or an appeal bond. After you filed your claim, all enquiries must be directed to the Small Claims Tribunal Registry located on the 3rd Floor of Tower B. HMCTS publishes courts and tribunals lists and forthcoming hearings in different ways across jurisdictions: Crown Court, magistrates' court, County Court and Employment Tribunal hearing. (For example, you want to prove how a traffic accident took place. A representative of the party (but not counsel or a solicitor) may attend provided that: At trial, in addition to the parties and/or their representatives allowed by the Tribunal, all witnesses from whom the parties wish to adduce evidence should attend. Under the Online Applications tab, select Submission for Hearing. Unless the application is supported by good justified reasons and evidence, the Tribunal may not allow such application. If a party is a corporation or a firm, its witness statement(s) should be given by its officer(s), employee(s) or any other individual(s) who has/have personal knowledge of the relevant facts. You may upload the documents on CJTS. A Bailiff is directed to levy execution on the goods and chattels of the judgment debtor (i.e. Small Claims. Before trial, the witnesses should refresh their memories of what they have stated in their witness statements. If the parties agree to settle, the Tribunal Officer will submit the settlement to the Adjudicator for a consent order. The span of a case depends on a number of factors, including the complexity of the case and whether the parties comply with the Tribunal's directions punctually. A small claim is a claim for money involving $75,000 or less. The party who wins the case may be able to recover the above expenses. Saqa Street, Valelevu, Nasinu, beside Housing Authority. Mrs Eleanor Eyre If you do not accept/agree with the Tribunals order, you may file the relevant Form 6 together with the requisite fees, and Appeal the order, and that shall be heard in the Magistrates Court of that jurisdiction. Court action should be your last resort. All parties and their witnesses must attend the trial. The judge then awards the plaintiff an additional $75 in costs because the defendant failed to accept the offer to settle. Please note that the address should be a Hong Kong address. After the Adjudicator has approved the application, the claimant needs to attend the Tribunal Registry again to make the amendment and pay the prescribed fee. 2877 4068 during office hours to enquire about the arrangements. No lawyers are allowed to appear or represent a party in Small Claims Tribunal. * You cannot divide a claim for more than $7,500 into two or more smaller claims. The following table may help you decide whether to apply for a review or for leave to appeal. The Tribunal will not take initiative to enforce the judgment for the winning party, i.e. The petitioner provides testimony in support of his or her case, followed by respondent's testimony. (c) "Entire tribunal" means the hearing division of the tribunal other than the small claims division. If the party is an individual and wishes his representative (other than counsel or solicitor) to attend the hearing, the party should apply for permission from the Tribunal. Senior Court Officer II: +679 334 1081 / +679 9922271, Senior Court Officer II: +679 8924 855 / +679 9922276, Officer In Charge: +679 8924 731 / +679 8301126, General Enquiries: +679 8924 730 / +679 8924 732, Court Officer/General Enquiries: +679 6500 067 / +679 9922302, Court Officer: +679 670 1322 / +679 8916219, General Enquiries: +679 6701322 / +679 670 1762 / +679 670 0960. He must do this within 7 days after the date of the court order or award has been made. As of the 2010 census, the population was 2,368,139. No lawyers are allowed to appear or represent a party in Small Claims Tribunal. Find out. In that case they should prepare their own witness statements. For details about appointing a representative, please refer to paragraph 2 of Pamphlet 4 "General points to note about small claims procedings". No. Both parties should be available to explain themselves. If the winning party asks the Bailiff to make several attempts, the winning party may have to pay a further deposit. Small claims cases cannot be used to sue a government entity, to sue for . (a) Information display system showing Daily Cause Lists; (b) Computer terminals with access to the judiciary website, interlinked with relevant government departments/agencies such as Companies Registry and Inland Revenue Department; (e) Pamphlets on procedural advice at various stages; and. The Court of First Instance has no power to reverse or vary what the Tribunal has determined on questions of fact. Even if you obtain judgment in your favour, there is no guarantee that you will get your money back eventually. payment of the claimed sum or counterclaimed sum (where applicable) into court; or. The Small Claims Tribunal is governed by the Small Claims Tribunal Act 1991. As a claimant or a defendant, you or your representative should bring along at least the following documents (as applicable) at the call-over: In addition, the claimant should also bring along the following documents (as applicable) at the call-over: Please report to the Court Clerk inside the registration room of the designated court specified in the Notice of Place and Day fixed for Hearing. Protect SCT Registrars and court Blank witness statement form can be obtained at the Tribunal Registry or the Information Centre. If the defendant does not appear at call-over, the claimant may apply for judgment against the defendant provided he can satisfy the Tribunal of the claim and that the notice of hearing has been served on the defendant. All of these are listed below. When your queue number is called, proceed to the tribunal magistrates hearing room. VacanciesSupreme CourtCourt of AppealHigh Court FamilyHigh Court CriminalHigh Court CivilHigh Court Employment RelationsMagistrates Court CivilMagistrate's Court CriminalMagistrates Court FamilySmall Claims TribunalTax TribunalEmployment Relations TribunalChief Registrar's OfficeIT UnitMonitoring and Evaluation UnitFine Enforcement UnitLegal Practitioners UnitFiji Mediation CentreLibrary, Agriculture Tribunal/Central Agriculture Tribunal. To save time and costs, the claimant should make sure the information provided is correct at the time of filing. Applicant may send in a letter, specifying the claim number, the court number, the hearing date, the contact phone number as well as the reasons in support of the application. To be an Independent and impartial Judicial system for The Republic of Fiji. identifying the main issues in dispute if a settlement is not reached. JP 3-1 | Small Claims. The defendant should likewise prepare witness statements after receiving the claimants claim. ABOUT US. 08-8-7-SC: THE 2016 REVISED RULES OF PROCEDURE FOR SMALL CLAIMS CASES EFFECTIVE FEBRUARY 1, 2016. If a defendant is absent from any hearings or at trial, default judgment may be entered for the claimant. After all witnesses have given evidence, the parties may make final submissions. Refer to this checklist on what to prepare before going to court. Determine whether your case qualifies as a small claim. In Form 1 (Title to Claim: General Form), the claimant should fill in: In Form 2 (Form of Claim), the claimant should: If the claimant is an individual, the claimant should sign Form 2 personally and write down his full name next to his signature. hearing for application to set aside or review an award or order of the Tribunal. If the defendant is financially unsound, e.g. No legal representation is allowed. v. Ms. Menani Vatucicila News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. The Registrar of the High Court may extend this time limit on good cause. If there are sufficient goods and chattels to justify a seizure, the Bailiff will do so up to the amount endorsed on the writ, plus the estimated fees for execution. Form 5 is used for re-hearing application, together with the requisite fees. In 2005, the Nevada Supreme Court found that small claims court exists to provide speedy and effective resolutions of disputes where the money at issue is minimal. In some cases, parties may wish to produce photographs or sketches. Learn how to start a case, collect a judgment, find resources and more. It is important to note that if a party is awarded a judgment in his favour but the party who loses the case refuses to comply with the judgment, the winning party may have to commence enforcement proceedings against the losing party. a small claims action is commenced by filing with the court an accomplished and verified statement of claim in duplicate, accompanied by a certification of non-forum shopping, splitting a cause of action and multiplicity of suits and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits ABC Company Limited trading as XYZ Company), the claimant should obtain the most updated information about its registered office at the Companies Registry for filling in its registered office AND 'Business Registration Application' at Business Registration Office for verifying its trade name. If the defendant is a corporation, you should bring the most updated information about its registered office(obtainable from the Companies Registry). Therefore, an applicant should carefully consider his own position before submitting an application for a Writ of FiFa. The tribunal magistrate will make a decision based on the merits of the case and according to the law. Therefore, when attempting execution, if there is no one to answer the door or if the occupier refuses to let the Bailiff enter the premises in question or if there is difficulty in confirming whether the goods and chattels in the premises belong to the judgment debtor, the attempted execution would fail and there is nothing that this Tribunal could help in this regard. The Bailiff will seize and sell the judgment debtors goods by public auction if payment is not made into court. Intellectual Property and Enterprise Court diary added. It is very important to note that no one can guarantee that an attempt for enforcement will be successful and an applicant for enforcement has to pay a deposit and expenses in advance when an application is filed. For the claimants documents, the pagination should start with "C" so that the first page is "C1", the second page is "C2", etc. Application for review by the Court of First Instance of Tribunal's decision to transfer a claim (SCT07) 81 KB. The Tribunal deals with monetary claims not exceeding $75,000. It is advisable for the claimant to obtain all evidence, in particular, written statements from the witnesses at an early stage. Subpoena Request - This form is to request the court to order a witness to come to court for your case. Justice courts can also settle landlord/tenant disputes such as evictions and repairs. After the party has filed the 8C application, an Adjudicator, normally the same Adjudicator who presided over the trial, will hear the application. For details, you can call the Central Telephone Enquiry Centre of the Home Affairs Department. In New York City, you can sue for up to $10,000. If execution is unsuccessful, the costs of the attempt or attempts will be deducted from the deposit and the balance returned to the winning party. Each party should peruse all the witness statements and documents served on by the other party in order to fully understand what the other partys case is and what evidence his witnesses will give. Motion to Reinstate Your . Witnesses will give oral evidence on oath or affirmation. OCA Circular No. The claimant or respondent may appeal against a decision by the Small Claims Tribunals under specific circumstances. Waiyevo Road, Between Taveuni Police Station and Telecom Fiji Exchange. Common types of disputes involve goods, services, or residential tenancy agreements not exceeding 2 years. Witnesses must give evidence on facts relevant to the claim. If the parties are willing to settle, the Adjudicator will make an order. Which is required by any law to be brought only before any other specified court. For detailed explanations on those proceedings, please refer to the Pamphlets 5 and 7, namely "How to prepare for and conduct a hearing or trial" and "Application to set aside, review and appeal". All documents you have filed with the Tribunal and received from the other party. Filing of documents, including claim or counterclaim, defence, reply, witness statement and/or all other relevant documents by email is not acceptable. They cannot be filed by any other means such as post, fax or email. Hilo: 808-961-7515. At trial, you relate to the Adjudicator what others had told you about how it happened. The party may wish to present to the Tribunal events happened on different occasions encountered by different witnesses. In addition to presenting your own case to the Tribunal, you are expected to cross-examine the witnesses of your opponents case. Enquiry and/or application of any kind in relation to any specific case by email is not acceptable, either. Dont worry we wont send you spam or share your email address with anyone. Some lists are published daily and weekly on GOV.UK. You may apply to set aside this order within a month of the order date. In this connection, please refer to paragraph 1.1 above. However, if only one party submits, only the party who uploaded the submissions can see it. If, in the end, the claim still cannot be served, the Tribunal cannot deal with the claim. Such evidence does not come from your personal knowledge and therefore is unlikely to be admitted by the Adjudicator as evidence.). The party filing the suit is the "PLAINTIFF." A minor can use the Court if accompanied by a parent, relative, or "next friend" over the age of 18 to file a claim and later go with the minor to the trial. Copy of any court records or documents $1.10. Download the complete rules: A.M. No. If the claimant chooses to discontinue his claim before call-over, permission from the Adjudicator to discontinue the claim is not required. 23/22 Muni Lingam Ratnam Anand Rail Bobby 2. the witness, has personal knowledge. allow the application unconditionally or with condition, e.g. ABOUT US. Before they testify, they will be required to take an oath or affirmation of truth before the tribunal magistrate. After making out an inventory of all the items seized, he will give one copy to the watchmen who are responsible for keeping watch over the items to ensure that they will not be tampered with or removed unlawfully. doctor, surveyor or mechanic, to prepare expert reports and to testify in court. Take a queue number for hearing from the queue machine and wait in the waiting area. The defendant must owe the debt to the plaintiff or, on a counter affidavit, vice-versa. Note: You will receive a notification via email 3 days before and via SMS 1 day before the hearing. " venina t. tarabale 2129/22 The defendant must also provide all documentary evidence to support his application, e.g. If the claimant chooses to discontinue his claim or the defendant his counterclaim after call-over, permission from the Adjudicator is required. Strictly speaking, the makers of those photographs or sketches are required to give evidence that those photographs or sketches were taken or prepared by them. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court. the Tribunal will not chase the losing party to pay the judgment sum to the winning party. Re-hearing Application should be filed within 14 days from the date of the Tribunals Order. It is proper for the Adjudicator to actively help and encourage the parties to settle. The winning party has to fill in the particulars of the judgment debtor and the amount of money the winning party wishes to recover. If the Adjudicator thinks it is necessary for the parties to provide further evidence, the trial will be adjourned to a later date. The claimant is only required to fill in the relevant form, send it to the Tribunal and serve a copy to the defendant. Small claims involve $7,500 or less (not including interest or costs) * You may file a small claims case for a larger amount, but you will only be able to collect. ii. v. Mrs. Veniana Rayawa, Western: Where there are other witnesses who will give evidence in court at trial, statements of those witnesses should also be prepared. Affidavit/Affirmation form. Unless with good justified reasons (business reasons or holidays are usually not accepted as good reasons) and evidence, the Tribunal may refuse the application. Even if you win the case, you may need to spend more time to enforce judgment. So, it is very important for the claimant to make sure that the particulars of the defendant (such as name and address) are correct and updated at the time of filing the claim. If you are responding, click to change the timeline. When the dispute cannot be settled, directions will be given for the future conduct of the case, e.g. Application for leave to appeal on point of law (SCT09) 357 KB. Thereafter the defendant and/or his witnesses will give evidence. To ensure successful execution of the Writ of FiFa, it is essential that the winning party gives the Bailiff's Office the correct address of the judgment debtor. If the party is a sole proprietorship or a partnership, the sole proprietor or all partners should attend. The restriction under section 9P of the Criminal Procedure Ordinance, Cap. unemployed, bankrupt or in liquidation, you may not be able to get your money back. If you did not attend a Small Claims Tribunals court session, a default order may be made against you. You are not allowed to have a lawyer represent you. A partner should sign if the claim is made by a partnership and write down his full name together with Partner next to his signature and affixed with company chop (if any). All original documents which support your claim or defence (as the case may be) but have not been filed or served, and 2 sets of photocopies for filing with the Tribunal and service on the other party. Both the claimant and respondent must attend the hearing. If the directions are not complied with, the claim may be dismissed or a judgment entered against the defendant without trial. Senior Court Officer II: +679 6661403/+679 9922311, Court Officer: +679 667 4287 / +679 8308910, Court Officer/General Enquiries: +679 668 0022 / +679 9922345, Court Officer/General Enquiries: +679 6669 4349/ +679 9922347, Court Officer: +679 3440 355 / +679 9922491. A counterclaim will be heard at the same time as the trial on the claim. After collecting the above information of the defendant, the claimant should fill in Forms 1 and 2. Mr. Eroni Antonio The costs of trying to enforce a judgment can be substantial. Cheques should be crossed and made payable to "HKSAR GOVT". CONTACT THE SMALL CLAIMS TRIBUNAL BUSINESS HOURS: Mondays - Thursdays: 8:00 AM - 4:30 PM Fridays: 8:00 AM - 4:00 PM (except for gazetted Public Holidays) CONTACT DETAILS: SUVA P O BOX 2215 Gov't Bldgs, Suva [Level 1, Building D, Old Parliament Complex, Veiuto, Suva.] Under such circumstances, the winning party should seek legal advice and consider other alternatives to enforce the judgment. If the defendant is a sole proprietorship (e.g. 1. FILE NO PARTIES S/S SNS NO. What is a "small claim" A "small claim" is a claim for money involving $75,000 or less. If neither the defendant nor his representative appears in person at the time fixed for the hearing, the claimant may apply to enter judgment against the defendant. (Post vacant). The Adjudicator may fix a date for trial only if all parties confirm that they have no further evidence to produce. The Small Claims Tribunal Information Centre is located on the 1st Floor, Tower B of the West Kowloon Law Courts Building. (Closed on Saturdays, Sundays and Public Holidays). If the claimant is absent, the Tribunal may strike out the claim. iii. The parties should also make sure their respective witnesses will attend trial on the trial date. Review will normally be heard by the same Adjudicator who presided over the trial. The defendant may approach the Tribunal Registry or the Information Centre or browse the Judiciarys website for details. If neither the claimant nor his representative appears in person at the time fixed for the hearing, the claimant's claim may be dismissed. Small Claims Court hearings are usually held at 6:30 p.m. Parties are required to submit their documents to the Tribunal and the other party at least 21 days before the scheduled hearing date, as provided by TTR 287 . bank statements, tax returns, audited report, etc. The Adjudicator will then decide whether the proposed amendment will be allowed with or without holding a hearing. The Judiciary cannot be held responsible for the content of these sample forms. The claimant should bring along such search results of the defendant to court at call-over for verification. Tribunal shall have jurisdiction in respect of any claim which does not exceed $5,000 in value. The tribunal magistrate may ask you questions or direct you to address relevant issues. If the Bailiff attends the premises of the judgment debtor and finds no or insufficient goods to justify a seizure, the Bailiff will not proceed with the execution. Further appeal is to the Court of Appeal. The claimant may appoint a representative to file the claim on his behalf. A defence is a document setting out whether the defendant disputes liability and/or the amount of claimants claim; and if so, why. iv. If both parties complete this, the submissions by both parties can be seen on CJTS. The defendant should not only file with this Tribunal Registry and serve on the claimant his defence as mentioned in paragraph 3 above, but should also file his counterclaim with the Tribunal Registry. The defendant will have to apply to the Tribunal at call-over for time to pay or for payment by instalments. vi. Before you start a claim in the Tribunal, you should consider if you may settle the matter with the intended defendant by other means. the reasonable cost of repairing a damaged vehicle or what the accepted quality standards are for particular goods or services. Ground Floor, Naturubu House, Savusavu Town. SMALL CLAIMS TRIBUNAL CAUSE LIST In The Magistrate Court, Rakiraki; before Mrs. Anita Raj Day: Monday Date: 5th December, 2022 Time: 10.00a.m NO. The Adjudicator would instruct a Tribunal Officer to interview both parties to deal with preliminaries, which may include: Remember that the Tribunal Officer cannot give you legal advice. Any application for adjournment should be made as soon as the necessity arises so as to enable the Tribunal to consider the application and attend to any follow-ups, including notifying the outcome of the application to the parties. HMCTS publishes courts and tribunals lists and forthcoming hearings in different ways across jurisdictions: If a hearing list for a specific court is not published, you should contact the court direct to confirm if one is available. they cannot tell you if you have a good claim or who you should sue. the full name(s) and address(es) of the person(s), corporation, sole proprietorship or partnership making the claim. Small claims court may only be used for certain types of cases. direct parties on how to prepare for the trial, including directing the parties to exchange witness statements and other supporting documents before a specified date (if you do not comply with the Adjudicators direction, you may lose your case and/or lose costs to the other party). Generally speaking, the burden of proof is on the party who makes the allegation, but this is always subject to the directions of the Tribunal, which may order the other party to adduce the evidence. They do not intend to be a summary of the civil practice at the Tribunal. Mention hearings are hearings after the call-over but before trial. If the winning party accompanies the Bailiff on the visit, he will be able to give instruction on the spot. P.O. Evidence can be in various forms, including oral evidence from witnesses, documents, photographs, audio or video tapes or discs or electronic data contained in any tapes or discs etc. We use some essential cookies to make this website work. Costs are incurred each time the Bailiff and watchmen attempt to execute the writ. Petition - Use this form to begin your small claims case. 287 KB. You should make arrangements to set aside at least half a day or more for attending the call-over. Parties may approach the Tribunal Registry or the Information Centre for the relevant forms. At any stage before the Adjudicator gives his judgment, a claimant may discontinue his claim or a defendant his counterclaim by filing a Notice of Discontinuance of Claim or Notice of Discontinuance of Counterclaim. 320/22 Subrails Furniture . They can be downloaded from the Judiciarys website or obtained by fax via the Interactive Voice Recording System of the Tribunal. When the Adjudicator fixes a date for trial, the parties should have had an idea of what witnesses to call and what witness statements and other documents they wish to rely on at trial. Most small claims courts rely on temporary judges (sometimes pro tem judges) to hear and decide small claims court cases. Well send you a link to a feedback form. During the hearing, both you and the other party will take turns to present your case and supporting evidence. Unless permission is granted and the hearing date is vacated by the Tribunal, parties must attend the hearing as originally directed or scheduled. A temporary judge is an attorney who has been licensed for a minimum of 10 years to practice law in California and who volunteers to assist the court by hearing certain kinds of cases. They can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. The claimant can obtain this at the Business Registration Office of the Inland Revenue Department. Where a claim is made for a work order, the value of the work sought to be included therein. For any other information, please do contact us. Small Claims Tribunal provides less expensive means of resolving claims. It is the second-most populous county in Texas and the ninth-most populous in the United States. Form 8D can be obtained from the Tribunal Registry or the Information Centre. District Court Service Center: 808-538-5629. The claimant can obtain this at the Companies Registry. Therefore, there is no constitutional right to a jury trial. Find out what to prepare and expect for consultations and hearings at the Small Claims Tribunals. Lautoka Magistrates Court Complex Along Tavewa Avenue, Lautoka. However, you may abandon any claims exceeding $75,000 in order to bring a claim in the Tribunal. If you wish to get legal advice, you should consult your own lawyer; however, legal costs incurred in small claim cases will not be recoverable even if you win the case. ], Senior Court Officer: +679 892 7742 / +679 9922256, Court Clerk: +679 892 7743/ +679 9922256, General Enquiries: +679 892 7700 / +679 9922256. Order of the Tribunal is then issued at the end of the hearing. The person who files a claim is called a "Claimant". Before filing a lawsuit in justice court, it is always recommended you attempt to resolve your problems with the other party. If you have any doubt, you should consult your own lawyer. Please note that the address should be a Hong Kong address. Chan Tai Man and Chan Siu Man trading as XYZ Company), the claimant should obtain Business Registration Application of the defendant to ascertain its trade name and the principal place of business and/or the residential address of the proprietor or partners. The defendant should file a defence with the Tribunal Registry (please mark 'defence' on the envelope) and send the claimant a copy of the same well in advance of the call-over date. You might have only 10-15 minutes to present your side at the hearing . After completing these papers, the winning party is required to pay a deposit and Bailiff expenses. After a winning party has obtained a judgment for payment of money from the Tribunal, he may apply to the Bailiff Office of the Judiciary through the Tribunal for enforcement by way of a Writ of Fieri Facias ("FiFa"), if the judgment is not complied with. It is not evidence giving but to highlight the strength or weaknesses of the evidence given by the witnesses for the Adjudicators consideration. As used in these rules: (a) "Tax tribunal act" means 1973 PA 186, MCL 205.701 to 205.779. iii. The existing practice is for the judgment debtor to be given a grace period of 5 working days to settle the debt. For example, if you wish to rely on photographs (normally coloured, not black and white), copy of those photographs should be given to the Tribunal and the other party. Find out more about the possible orders the tribunal magistrate can make. For details on how to enforce a judgment, please refer to Pamphlet 8 "How to enforce a judgment". A Small Claims Tribunals (SCT) hearing takes place before a tribunal magistrate. The claimant and/or his witnesses will give evidence first. (ii) You may also call the Small Claims Tribunal Registry at Tel. They are not meant to be the samples that suit your case. It is desirable that the application is supported by documentary proof such as the consent letter of the other party. There may be other organizations that may provide information or advice to the litigants. We also use cookies set by other sites to help us deliver content from their services. Please remember tribunal staff cannot provide legal advice; they can only assist you on issues of general procedural matters. There are occasions where a claim or counterclaim involves technical issues outside the Adjudicators knowledge, e.g. A copy of the defendants application will be forwarded to the claimant with the Notice of Acceptance/Refusal of Payment. In addition to tribunal staff available to answer general procedural questions, the following facilities are available at the Information Centre for Small Claims Tribunal users: Wherever possible, the Judiciary will reply at once to correspondence from members of the public. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. You will not receive a decision at the time of the hearing. The hearing will be conducted in private. The Adjudicator may ask the parties whether they are willing to settle. You may see fit to ask the Adjudicator for advice if you are not sure whether the help of an expert is needed. Applying to the Court of First Instance of the High Court for leave to appeal. If the winning party is aware that the judgment debtor has no goods or assets to be seized, there is little point in pursuing the matter. Such application should be made at least 3 weeks before the trial date. If you meet the above requirements, please visit our Online Dispute Resolution page to file your claim. Please approach the Tribunal Registry or the Information Centre or browse into the Judiciary's website for details. Since a witness is an individual who has personal knowledge of the relevant facts, a witness statement should be a statement of an individual witness. After the claimant has filed his claim and paid the prescribed filing fee, the Tribunal Registry staff will give the claimant a Form 3 (Notice of Place and Day fixed for Hearing) showing: The Bailiff Section staff will send copies of Forms 1, 2 and 3 to each defendant by ordinary post. The main types of claims handled by the Tribunal are: debts service charges damage to property The hearing happens only if the dispute was not resolved at the consultation. Mr. Bir Chand Such enquiry or application must be made in writing and duly signed and dated by the party to the proceedings. for the filing and service of: The case will be adjourned to another date for mention. If any party is not satisfied with the order or judgment of the Adjudicator, he may: If a party opts for a review, he should complete and file Form 8C "Application for Review of an Award / Order by a Party" ("8C Application") and set out his full and complete reasons. Costs may also be ordered against the party in default. The hearing of proceedings in the Tribunal is in an informal manner. The hearing is informal. To determine whether a claim exceeds $5,000 in value, the following shall be taken into account: A claim for an unliquidated sum is deemed to be for a maximum value of $5,000. It will take only 2 minutes to fill in. They can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. Courts and tribunals buildings which are opendisplay hearing lists in public waiting areas. Ensure that the affidavit of Service (proof of service of the Claim on the respondent) is fully completed and witnessed by a Commissioner for Oaths. This series of pamphlets includes the following: The following is the contact details of various organizations which the litigants may find useful to approach when handling a case in the Tribunal: Interactive Voice Recording System of the Small Claims Tribunal, Business Registration Office, Inland Revenue Department, Central Telephone Enquiry Centre, Home Affairs Department. A Tribunal shall also have such other jurisdiction as is conferred upon it by any other law. Both claimant and defendant should attend all hearings. If the party is a corporation, an officer of the corporation properly authorised by a letter signed by the director or company secretary and affixed with company chop may attend. . Where a document is coloured and the coloured part carries significance, you should file with the Tribunal and serve on the other party coloured copy of that document. In some cases, the tribunal magistrate may call for further hearing dates, or postpone the judgment to a later date instead. The giving of evidence by a witness is broadly a three-stage process: As all parties will have a chance to question their own witnesses and those of the other party, taking notes on the evidence given by witnesses will help you prepare your questions. Dallas County is a county located in the U.S. state of Texas. A written decision will be will be e-mailed to the parties, if . 9 KB. In execution of the Writ of FiFa, the Bailiff has no power to break into domestic premises. 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