Advertise Here
Icon

Directory

IconAccounting & Tax
IconAccreditation Bodies
IconActuaries
IconAssociations and Institutes
IconAuditors
IconBBBEE Consulting and Verification Agencies
IconBusiness Process Management
IconBusiness Process Outsourcing
IconCompany Secretarial Services
IconCompare Medical Scheme Benefits
IconCompliance
IconConsumer Protection
IconCorporate Governance
IconCredit Bureaus
IconDebit Order Collection Facilities
IconEducation and Training
IconEmergency Medical Rescue
IconExpatriate Cover
IconFAIS
IconHealthcare Consultants
IconHuman Resources
IconInformation Technology and Software Partners
IconLegal
IconManaged Healthcare Service Providers
IconMedical Aid Administrators
IconMedical Aid Schemes
IconMedical Schemes Trustees Liability Insurance
IconMedical Service Providers
IconOmbud
IconPolicy Administration
IconPublications
IconRegulatory Authorities
IconSurveys & Research
IconTraining Courses & Workshops
IconWellness Programs
Advertise Here
  Subscribe To »

Presenting your evidence in the small claims court Part 2

Published

2019

Fri

25

Oct

 

Do not be guided by your favourite television lawyer series.  You do not get to ‘put it to the witness’ or deliver an impassioned emotional speech to the jury.  Television programmes usually represent the adversarial system where opposing parties gather and present evidence and arguments to the presiding officer.  That is not the process adopted in the small claims court.  

 

You do not get to cross-examine a witness. You can suggest questions which the commissioner can put to the other party or their witnesses or with the commissioner’s permission and through the commissioner, direct questions to that party or witnesses. 

 

You should prepare your case thoroughly.  Practice your presentation before a friend or family member.  If you have no friends or family members, practice in front of a mirror.  Identify the key facts of the case and ensure that your case is set out simply and in chronological order.

 

It is useful to practice with a friend or family member not familiar with the claim and use them to comment on whether, on your presentation, they could easily understand your case or defence.  You need to communicate your story simply and clearly.  If they are confused, it is likely that the commissioner will also be confused.  Do not complicate or confuse your case with irrelevant facts or evidence.  You only have “one bite at the cherry”.  There is no appeal of the judgment if the commissioner gets the decision wrong on the facts.  Bear in mind that any evidence having reasonable value of proof may be offered, but also that the commissioner may refuse to accept irrelevant, or repetitious evidence or arguments.  Usually proceedings take place in open court.  That is members of the public, including the media, can attend.

 

If you have any documentation pertinent to the claim or defence, make sure you take the original documentation to your hearing. If you do not have access to the original documentation, you need to bring along, if possible, certified copies of the documentation, and ensure you have copies to provide to your opponent.  Often parties arrive at the small claims court and tell the commissioner that they do not have the documentation with them.  That may result in a postponement of the case or the matter being determined without the benefit of that documentation. 

 

Donald Dinnie

Donald is a long standing commissioner of the small claims court in Johannesburg.  He is also a director at Norton Rose Fulbright South Africa Inc. 

 
Source: Donald Dinnie Director Norton Rose Fulbright South Africa Inc
 
« Back to previous page Print this page » |
 

Breaking News »

What is the difference between Black Friday and Cyber Monday?

Cyber Monday originated in the US and is a marketing term used for the Monday after Thanksgiving. It was created by retailers to encourage people to shop online. The term was coined by Ellen ...
Read More »

  

Interview with Bright Rock CEO, Schalk Malan about their ground-breaking temporary disability cover

In October 2019 Needs-matched life insurance provider, BrightRock, announced enhancements to their temporary expenses cover. Read More More recently Insurancegateway® Interviewed Schalk Malan to not only ...
Read More »

  

The Importance of an effective online campaign

As we enter the age of the fourth industrial revolution, a technological transformation driven by the internet, it seems almost unthinkable that the web would not be the preferred platform chosen by businesses ...
Read More »

  

Genesis Medical Scheme announces the lowest contribution increase for 2020

Across the private healthcare industry in South Africa, members of medical schemes are bracing themselves for a 10% increase in their 2020 contributions, exceeding the general inflation rate by 4. With average ...
Read More »

 

More News »

Image

Investment »

Image

Life »

Image

Retirement »

Image

Short-term »

Image
Image
Image
Image
Advertise Here

From The Glossary »

Icon

Rolling Window/Period:

This refers to investment-return measurement whereby the furthest periods are dropped off and the most recent periods added on for a period of analysis.
More Definitions »

 

Advertise

 

eZine

 

Contact IG

 

Media Pack

 

RSS Feeds

By using this website you agree to the Terms of Use.
Copyright © Insurance Gateway (Pty) Ltd 2004 - 2019. All Rights Reserved.