If the respondent disputes or defends the claim, the sheriff will want to find out about the facts that are not agreed on by asking questions of the claimant and respondent and any witnesses the sheriff thinks will help decide these facts.
The purpose of a hearing is to help the sheriff make a decision in the case.
The hearing will require the attendance of all parties involved in the case. The sheriff may also ask witnesses to attend the hearing, to help find out about the facts that are not agreed upon. You will be informed of the date, time and place of the hearing.
It may be necessary for the court to inspect a document or item, or visit a place, to help decide the facts that are not agreed upon.
Parties must send each other and the court a List of Evidence Form (Form 10A) at least two weeks before the hearing. At the same time documents and other evidence should be lodged with the court and copies sent to other parties.
If you wish to be represented or ask for advice about appearing in court, please see 'Representation and Advice’.
Part 6 of the simple procedure rules explains what has to be done when the Rules require something to be sent to someone and the court
Part 10 of the simple procedure rules explains about documents and other evidence.
Part 11 of the simple procedure rules explains about the citation of witnesses and their attendance at hearings