ALLOCATION HEARING
An Allocation Hearing enables the court to properly assess how best to deal with the case. Both the Claimant and the Defendant will be asked to attend to discuss key issues particularly relating to the witnesses and other evidence that may be presented at the Final Hearing. The judge will give Directions as to how the case may best proceed forward.Often in straightforward cases the court will decide not to hold an Allocation Hearing and will simply set a date for a Final Hearing. However if the court believes it necessary then an Allocation Hearing date will be set.
More usually, the judge will deal with allocation on the information in your form and in the claim form and the defence. The Claimant will be sent an order containing details of the steps that need to be taken to prepare the case for a final hearing (directions).
DIRECTIONS
There are various directions that can be given by the court to enable the case to be dealt with fairly and properly. These are at the discretion of the judge and can be varied but could include the following: -- Disclosing documents and exchanging copies between the parties.
- Preparing and filing at court witness statements.
- Obtaining Experts Reports and filing copies at court.
- Deciding on a date for the Final Hearing
EXCHANGE OF DOCUMENTS
This stage is called Discovery. Each party has to prepare a List of Documents that are relevant to the case within a certain timescale usually in 14 days. Copies of those documents need to be filed at court and exchanged between the parties also within a set timescale.EARLY SETTLEMENT
The Parties should always have an open mind about the case and be aware of possibilities of negotiating a settlement. Try to make written offers to settle the case and keep copies of those letters and show them to the judge after he has made a decision at the final hearing.FINAL HEARING
The final hearing will usually take place in a courtroom before a District Judge. A set time will be allocated to the case depending on its complexity but it's usually between 1 hour and 3 hours. Pick up your paperwork and evidence and witnesses beforehand and get to the court building early and tell a court usher whom you are. Try to stay calm and collected.The case will start with the judge introducing himself and explaining how he wants the parties to present their cases. Procedures can differ. However usually you have to present your case by telling the judge the details of your case. Stick to the facts and don't waffle. If you have witnesses call them. The judge and the Defendant will then ask questions. The Defendant will then present his case and the judge and you will then ask the Defendant questions. Once both sides have presented their cases the judge will then make a decision and give Judgement there and then.
