Appeal to the magistrate's court occurs, as a rule, in situations where all the ways to solve the problem have been exhausted. However, in this case, it is required to prepare a large package of documents, enlist the support of a competent lawyer and develop the correct strategic line of conduct in court.
Necessary
A well-written statement of claim, a good evidence base
Instructions
Step 1
Make a statement of claim. Indicate in it all information about yourself and the defendant, explain what the violation of your right, freedom or interest is. Describe the circumstances of the case and provide arguments, evidence supporting these circumstances. Indicate the cost of the claim. Please attach all possible supporting documents to your application.
Step 2
Submit an application to the court - either directly to the magistrate, or by sending the papers to the magistrate's court by registered mail with notification.
Step 3
At the hearing, the magistrate will read out the rights and obligations of the parties. Listen carefully to this information. Drawing your own line of defense will help you get it back on track. In the event that there is not the defendant in the court, but his representative, ask the judge to check his authority for this replacement.
Step 4
Submit your evidence base to the court. If necessary, put forward requirements for interviewing certain witnesses, attach specific documents to the case, and apply for an expert examination. If you need time to call witnesses or gather additional evidence, ask to postpone the hearing for a certain period.
Step 5
If you disagree with the decision of the magistrate court, write and appeal to the office of the relevant district court.
