A recent change to the monetary jurisdiction of the Magistrates' Court, increasing its limit to matters up to $25,000, has made it an even more useful option for the resolution of civil disputes.

The rules of procedure in the Magistrates' Court are designed to provide litigants with a simple and inexpensive method by which to have disputes resolved. As a result, people can and often do represent themselves before the Magistrate.

However, if your problem is complex or if you do not feel comfortable speaking for yourself, you have every right to be represented by an attorney.

In some cases, it is a good idea to meet with an attorney prior to commencing proceedings in Magistrates' Court so that you may discuss your potential claim, the possible outcomes and the necessary procedure to ensure that you are taking the correct steps.

Meeting with an attorney may also give you a better idea of all the methods and alternatives for resolving your potential claim.

Proceedings in Magistrates' Court are commenced by way of Ordinary Summons. The required form may be obtained from the clerk of the Magistrates' Court. The amount of money the plaintiff is claiming, along with particulars of the claim, is set out in this document.

The particulars of claim is a short, clear summary of the events that took place and the reasons the plaintiff says he or she is entitled to the claim against the defendant.

If the claim does not provide adequate particulars, you may be required to provide both the court and the defendant with further and better particulars along with any documents that support the claim.

At this stage in the proceedings, consulting with an attorney can ensure that you are presenting your case properly and effectively.

The Ordinary Summons and particulars of claim must be filed with the clerk of the Magistrates' Court. Upon payment of the requisite filing fee, the clerk will accept the Summons and send it to the bailiff for service upon the defendant.

Once that is done, the Magistrates' Court will deliver a copy to the plaintiff. It will include the date and location the defendant was served, and set a first appearance date, at which the parties must attend before a Magistrate.

In some cases, you may decide to serve the defendant by way of a private process server and an attorney can assist with this process.

If a defendant does not attend the first appearance date, the Magistrate is entitled to make orders in their absence.

If you have been served with an Ordinary Summons, you may wish to consult with an attorney prior to the hearing date to discuss either defending the claim or entering into negotiations with the plaintiff to resolve the claim.

At the first appearance, the Magistrate will establish certain directions, which generally include the time in which the defendant must file a defence, the date by which the parties must produce documents and the setting of a trial date.

After the first appearance, you may decide that you need to consult with an attorney so that you can have some assistance in preparing your defence, getting together the necessary documents and preparing for trial.

At trial, both parties present their evidence to the Magistrate orally. If an attorney represents you, he or she will ask you questions so that the Magistrate can understand your claim.

If you are representing yourself, you will enter the witness box and take an oath or affirmation to tell the truth and simply tell your story. The Magistrate may ask you questions to assist him in understanding or clarifying parts of your story.

When you are finished giving evidence, your opponent or their attorney will have the opportunity to question you and any other witnesses that have given evidence on your behalf.

Once your opponent has entered his or her evidence, you will have the opportunity to cross-examine the other side and any witnesses they have called.

The purpose of cross-examination is to point out any factual errors or inconsistencies in the evidence.

Once the Magistrate has heard the parties' cases, he will render a decision, often orally from the bench. However, a judgment is not a guarantee of payment. The successful litigant must collect the judgment.

While Magistrates' Court is a forum where people will not require assistance from an attorney in all cases, in more complex civil cases or cases involving larger sums of money, you may find that an attorney can provide valuable assistance.

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Kevin Taylor is an attorney in the Litigation Department at Appleby Spurling Hunter. A copy of Mr. Taylor's column can be found on the Appleby Spurling Hunter website at www.applebyglobal.com.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters described herein, persons are advised to consult with a lawyer.