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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife (and I) are in small claims court on 1st October for

Resolved Question:

My wife (and I) are in small claims court on 1st October for an alleged credit card default; is there a point at which we can no longer file a witness statement - does it need to be submitted before say, 7 days prior to to the court hearing.
Also what steps do i need to take to be allowed to represent my wife as a lay person? Can i just attend and announce it or do i need to make a formal application?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Yes unless the court orders otherwise your statement needs to be filed 14 days before any hearing.
Alex Watts : Can I claiify anything for you about this today please?
Customer:

what happens I the instance that we havent filed one in time? I assume we are still anle to present a case?

Alex Watts : That depends on the judge. You need to do it NOW
Alex Watts : ordinarily you would be debarred from giving evicence, so do it now so the judge is more likely to grant it
Alex Watts : Does that clairfy?
Customer:

yes, I need to do it asap. I have previously submitted a defence on the initial court form and the witness statement probably wouldnt add much more to the case. Does the same deadline apply to my representing my wife (albeit she will still be in attendance)?

Alex Watts : Yes all statements 14 days beforehand
Alex Watts : So please do it ASAP
Alex Watts : Can I clarify anything else about this for you please?
Customer:

My representing my wife isnt a statement as such more a notice. Is that still the case; my wife wouldn't be able to represent herself as she would be far too nervous.

Alex Watts : You can represent your wife if she goes to court, you just ask the judges permission which is usually given in a small claim
Customer:

so i dont need to advise them before hand?

Alex Watts : No you do not
Alex Watts : You can do it in
Customer:

Thanks that answers my questions

Alex Watts : you can do it on the day
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