Video 15.2 A County Court Hearing

The civil process
Video titled: Video 15.2 A County Court Hearing

Cases which deal with more complex legal issues, or higher sums of money, tend to be heard in the more traditional style of courtroom. [Clerk: ‘Court rise’]. There are many people involved in this type of hearing and the proceedings can appear very formal. The Judge, who generally wears a gown, is in charge. The Court Clerk, who sits in front of the Judge's bench, keeps a record of proceedings.

The Usher keeps a record of who is in court or waiting to be called upon as a witness if necessary. The person who is bringing the case to court is known as the Claimant. The person who is being claimed against is known as the Defendant. The Claimant and the Defendant are also described as the parties to the case, or the litigants.

The parties can choose to have legal representation. Barristers may wear a gown and a wig and solicitors may wear a business suit. Alternatively, the Claimant or Defendant may choose to represent themselves. However, it's much less common to have an unrepresented party in hearings of this type, where complex legal issues or significant sums of money are involved. [Barrister: ‘Your Honour, this case is not simple’]. The majority of these hearings will involve legal representatives. Here we see a Defendant who has decided to represent herself and a Claimant who has chosen to have legal representation. An unrepresented defendant will sit at a desk in the front row, as they will be presenting their own case. However, because the Claimant is represented, his barrister will sit in the front row to present the case. The Claimant and the solicitor will sit at the desk behind. If the Claimant or Defendant are unsure about where they should sit, the Usher will show them to the correct place. [Judge: ‘Now I understand you are representing yourself is that right?’ Defendant: ‘Yes, Your Honour, I am’].

Litigants who decide to represent themselves will be expected to be properly prepared for the case, and have all the facts, figures, and paperwork to support their case available. The Judge may explain how he or she would like the hearing to proceed. The Judge will expect both parties to behave respectfully and courteously throughout the hearing.

Source: Ministry of Justice UK

Credit: © Crown Copyright 2011

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