Taking a Bailiff to Court – Tips for Attending
1. Dress SMART.
2. Take pen and paper with you. If the other side says something that is incorrect, make a careful note of it and, when it is your turn, bring it up. Do not trust to memory – adrenalin is pumping and you will forget. Also, at the very end, make careful note of the outcome.
3. Keep very calm and relaxed. Take plenty of deep breaths before you go in.
4. Never interrupt the other side, the judge, or magistrates (depending on where you are). You will be given your chance later – in fact, you will be asked if you have anything further to say.
5. Do not mumble. Speak clearly and precisely – avoid ums and ahs. Do not be flustered.
6. Do not repeat yourself.
7. Be totally objective. Do not stray into subjectivity – it does not help.
8. If the solicitor for the other side attends, he will almost certainly, before the hearing, approach you on a fishing trip. Listen politely and when asked a question, simply say you prefer to say nothing and leave it to the court. See note below**
9. DO NOT accept promises of payment without going into court to be made up to Judgment.
10. Be prepared – make careful note of the points you wish to raise. More cases are lost through bad or unprofessional preparation. Assemble your correspondence files with the most recent letters or documents at the top.
** If a solicitor thrusts a last-minute statement into your hand outside court, tell the solicitor you will be asking for an adjournment so you can consider their defence statement. Say to the judge the defence statement was only given to you minutes before the hearing (it should have been served on you 14 days before the hearing).
Finally, be polite throughout – no matter the outcome. And the best of luck.
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