TITLE CARD:
This video can help you prepare for court if you are representing yourself.
You should get legal advice about the circumstances of your case before going to court.
1. EXT. COURThouse – Foyer listings – MORNING
People walk up the steps to the court.
2. INT. COURThouse – Foyer listings – MORNING
RASHADA walks to the court listings board…
RHASHADA (VOICE OVER) (VO):
Finally, I had my day in court. This is called a hearing.
FREEZE ON RASHADA – TITLE:
Small claims:
The hearing
Return to Live Action: RASHADA checks the court listings and sees her name and courtroom…
RHASHADA (VO):
On the day of the hearing you should check the court list and see what courtroom you are in.
The listings should also tell you who will be hearing your case.
3. INT. COURTROOM – MORNING
An ASSESSOR sits at the bench reading notes.
RHASHADA (VO):
It’s usually done by an assessor or a magistrate. A magistrate you call “Your Honour” and an assessor, well you just call them “assessor”.
RHASHADA and CLARK HANSON are sitting in the back of the court.
RHASHADA (VO):
You go in, sit at the back of the court and wait your turn.
ASSESSOR:
Alright, let’s move on. Rhashad and Hanson?
RHASHADA and CLARK put their hands up. The COURT OFFICER directs them to sit at the bar table.
RHASHADA (VO):
The court officer might show you were to sit, which is the table that the lawyers use. It's a strange feeling at first.
In legal terms, I am called the plaintiff because I started the case to get my money back. Clarke is called the defendant.
ASSESSOR:
Ms Rashad and Mr Hanson. This matter is listed for hearing today. That means I will look at the evidence in your case and then make a decision. Are you Ms Rashad?
RASHADA:
Yes Assessor.
ASSESSOR:
And you are Mr Hanson?
CLARK:
Yes, Assessor, Clark Hanson.
ASSESSOR:
All right, now case management orders were made in this matter that you were to exchange statements and evidence with each other two weeks prior to today’s hearing date. Have you each received the other’s evidence?
RASHADA:
Yes Assessor.
CLARK:
Yes, Assessor.
ASSESSOR:
Ok, well I have these here. I'll just take a moment to read these...
RHASHADA (VO):
Case management orders….
We cut to:
4. INT. INTERVIEW Space – MORNING
RASHADA is being interviewed.
RHASHADA:
That means the court had told us to get all our documents together before the hearing. The magistrate or assessor reads through all the written statements. Both sides. But it doesn't end there. I still have to present my case in person. That's called making a submission... and it's worth preparing for.
5. INT. COURTROOM – MORNING
ASSESSOR:
Ok. You have both complied with case management orders and filed and served witness statements and some documents. I have two statements from you, Ms Rashad and one from you Mr Hanson. I have already read these. Now I will give you each the chance to put any submissions to me. Ms Rashad, when you are ready?
RASHADA stands and speaks to the registrar – sometimes referring to her notes.
RHASHADA (VO):
Because I had started the case, I got to go first.
RHASHADA:
( She speaks clearly)
On the first of February 2011, Mr Clark Hanson called me to say that he needed a loan of $2 000 to register and insure his car. I loaned the money to Mr Hanson and in my statement, I explain how I gave him the money and how he told me that he would pay it back …
RHASHADA (VO):
I had to explain the main things I wanted the assessor to know about my case. I had notes written down and I could look at them. But it's not good practice to just read your statements. Try to emphasise the strong parts of your case.
RHASHADA:
The day I loaned Clark the money my uncle was there. He heard the conversation with Clark, and he heard him say that he’d pay me back when he started his new job. In the witness statement that my uncle has supplied, you’ll see that Clark agreed to pay the money back before Easter.
Thank you.
The ASSESSOR acknowledges RASHADA. She sits down... and Clark stands.
RHASHADA (VO):
After I was finished, it was Clark's turn.
CLARK:
(confidently, not referring to notes)
Assessor, I am sorry to be taking up court time with a matter as trivial as this. As you will see in my witness statement, paragraph two, I recall feeling overwhelmed and surprised that my dear friend wrote me a cheque for two thousand dollars…
RHASHADA (VO):
I was a bit worried, because Clark seemed more confident than I expected. He’d thought through both sides of the argument. He denied he'd ever said he didn't have the money to pay me... And he said nice things about me being generous. In fact, he had planned a near perfect presentation, except for one little thing...
We hear a mobile phone ringing in the courtroom.
CLARK:
And said….
RHASHADA (VO):
He forgot to turn his phone off.
CLARK:
So, as I stand here today, there was never a thought in my mind that I would …errh…
CLARK is desperately trying to ignore the ringing phone in his breast pocket.
CLARK:
…that somehow, I mean someday, I would have to confront.. er…comfort myself, myself or er..., I mean what I’m trying to say is that...
ASSESSOR:
Mr Hanson I am having some trouble hearing you over that ringing sound. I gather that’s your phone?
CLARK:
Ah yes. Sorry, Your Assessor. Yes its my ph…I’ll just turn it off. It normally goes straight to message-bank. I’ll just…yep…yep….
He holds up the phone to show that it is now off.
CLARK:
There. (But now he feels silly.)
The ASSESSOR shakes his head.
6. INT. INTERVIEW Space – MORNING
RHASHADA:
Anyway, after he'd heard us both, the assessor asked some questions. And then he went ahead and decided! It was really pretty quick!
7. INT. COURTROOM – MORNING
ASSESSOR:
Right, Ms Rashad, Mr Hanson, I am ready to make a decision in this matter.
RHASHADA and CLARK wait expectantly for the decision.
FADE OUT. FADE UP MUSIC AND END TITLES:
TITLE:
This video is intended as a guide to the law and procedure only. You should get legal advice about the circumstances of your case before going to court.
The characters and events in this video are fictitious, and any resemblance to actual events or people is purely coincidental.
TITLE:
Need Legal Help? Call LawAccess NSW on
1300 888 529 or visit
www.lawaccess.nsw.gov.au/lawassist
for more information about representing yourself in court.
© NSW Department of Attorney General and Justice 2013
SRL (5.2) SMALL CLAIMS – HEARING TRANSCRIPT Page 2/2