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 3

Published

2019

Fri

25

Oct

 

If you are the plaintiff, make sure you bring along a copy of your letter of demand, and proof of registered posting, or an affidavit by you where you personally delivered the letter of demand to your opponent. Also bring a copy of the summons as issued with the court date and proof of proper service of the summons by the sheriff on the defendant by way of a Sheriff’s Return of Service of the summons by the Sheriff or your affidavit confirming personal service on the defendant.  If, as a defendant, you have delivered a plea, which is a statement of defence, or other papers, bring along a copy with the proof of delivery of the plea to your opponent.

 

The same applies to any form of written contract where that is in dispute, and, if the matter relates, for example, to a lease and there is a written lease.   If one of the issues is whether payments were made or received, bring along certified copies of the relevant bank statements for the applicable period to demonstrate that, for example, no relevant payment was received in your bank account for the appropriate period or to show, for example, that a payment was made into the opponent’s bank account.  Bring along invoices, receipts and proof of payment where that is an issue. 

 

It is useful to be able to present a few alternative quotations for repairs to vehicles or other assets in relation to which you claim damages.

 

If you have an audio or video recording of any evidence bring that to court and ensure that you have a device to play the recording.  Make sure that any recordings are audible and if possible bring along a transcript of the material aspects of that evidence.  If you have physical evidence, for example, damaged clothes, if you are claiming against a laundry, bring those to court rather than photographs of the damage.  Obviously, in the case of  damage to a car or a house, evidence by way of appropriate photographs and video recordings is appropriate.  The person who took those photographs or video recordings should give evidence in court or by way of affidavit as to when they took the photographs or video recording.

 

Bear in mind that as the Plaintiff you bear the burden of proof to establish your case on a balance of probabilities.  Ordinarily the rule is that the party who makes the allegation should prove it.   You must establish your evidence that the Defendant has done something which makes them liable to you for damages.

 

Think about what elements of the dispute are not in contention.  You do not have to spend a lot of time on that in presenting your case.

 

Think about what is in dispute and how you will deal with that in evidence.  What objective evidence, such as bank accounts, invoices, receipts and written contracts are there to present to the court to substantiate your version or to gainsay a version that may be presented by your opponent?  What evidence will your opponent present to challenge your case? 

 

When practising the presentation of your case for a friend or family member ask them to play “Devil’s Advocate” and to ask questions and challenge your case.  This is the one time where they can play out their lawyer tv series fantasies and cross-examine you to ensure that you have thought of everything you need to present to the court.

 

If you have witnesses who will assist your case, ask them to agree to attend court on the designated day. There is no  mechanism for compelling their attendance so you will need to ask a favour of the witness.  If you are the plaintiff when you attend at the clerk of the court to issue the summons you can probably choose the court date so choose a date when you and your witnesses are available.   

 

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

Evidence Of Insurability:

Personal information presented by an applicant for life insurance to the life insurance company from which the company determines the acceptability of the life to be insured and any premium loading or special conditions in the event that the proposed life to be insured is ‘substandard’. Evidence of insurability usually consists of statements by the life to be insured in the proposal, a medical examination, or non-medical data submitted in lieu ...
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.