Small Claims Court Paralegal

What is a Settlement Conference and why have one?

After both the Plaintiff’s Claim and the Defence have been served and filed, the case will go to a Judge to review. The courts can order that a pre-trial conference be held before a lawsuit goes to trial. At a pre-trial conference, the Plaintiff and the Defendant meet with each other in front of a Judge. There are several reasons to hold a pre-trial conference, such as; to resolve or simplify the issues in the lawsuit, to speed up the lawsuit, to help reach a settlement instead of going to trial, to prepare each side if there is going to be a trial, and to make sure that everyone in the lawsuit knows all the important facts and evidence.

What happens at a Settlement Conference?

If you attend a pre-trial conference you should be prepared to talk about the lawsuit and bring all the important information and documents available. If you are not prepared when you attend the conference, or if you do not show up at all, the Judge may order you to pay the other side their expenses for having to come to the pre-trial conference. If a person does not show up at the pre-trial conference, the Judge may also strike out that person’s Claim or Defence and give judgment for the other side. So it is very important to show up, or to notify the other side and the court if an emergency prevents you from attending.

Attending a pre-trial conference will usually make the trial easier, and it may even help you settle the lawsuit. In most cases a lawsuit settles before it goes to trial because settling saves both sides the time and expense of a trial.

For more information, legal assistance, and representation about pre-trial conferences, you should contact RLS.

Motions

Sometimes before or during a trial, issues arise which need to be resolved before the trial can continue. To resolve such issues, one of the parties can make a motion. A motion is a request to the court for the Judge to make a decision about the issue. For example, during a trial one of the parties involved may discover that somebody else might be responsible for the plaintiff’s loss and should be added to the lawsuit. That party would then make a motion to the court and ask the Judge to allow them to serve a claim on that person. The Judge’s decision on a motion may affect how the trial continues, but it does not determine the ultimate outcome of the lawsuit.

How to make a motion

To make a motion, completion of a Notice of Motion and Supporting Affidavit. This needs to be filed and served in accordance to the Rules of Small Claims Court. The motion you are bringing must explain why you are making the motion, and to set out the facts that support your motion. This has to be completed properly without defects prior to arguing the motion before a Judge. Self Represented parties often make errors and it costs more time and money to make the necessary corrections. It’s highly recommended to contact RLS to prepare, file, serve, and argue your Motion.

 

 

What happens at court? How is the Motion Decided?

A motion is heard before a Judge in the courtroom. Check the lists posted at the courthouse to see where your motion is being heard. At the hearing, both sides will be able to speak to the Judge about the motion. If the other side is making the motion and you agree with it, then say so. If you do not agree with the motion, you will have to tell the Judge what part of it you do not agree with and why. The Judge will then make a decision about the motion.

If you feel that a serious error was made by the Judge in granting or denying a motion, it may be possible to have it reviewed. However, this can be a complicated procedure, and you should consult with RLS about this.

Because Small Claims Court is intended to be fast and straightforward, you should only bring a motion if it will make a difference to the lawsuit. Before you bring a motion you should try to resolve the issue with the other side, or see if they will consent to the motion without needing a hearing. The final decision will be up to the Judge.

For more information on the procedures for bringing a motion, legal assistance or representation, please contact RLS directly.