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The magistrate will want to hear the facts about what happened in the accident. It will help your case if you are organised and present the facts and evidence clearly.
To prepare your evidence, it may help to draw a line down the middle of a sheet of paper. On the left side, write the facts, and on the right side, write the evidence that supports the facts.
Evidence allowed in court can include:
Make sure your witnesses are available for court and have them meet you at least 15 minutes before court time. Ask them to read their statements the day before, so the evidence they may give is fresh in their minds. If they have never been to court before, let them know you and the other person will ask them questions.
Your witnesses could include:
If a witness cannot come to the hearing but is willing to give evidence, you should get legal advice. Usually, all witnesses are required by the court to attend in person.
If any of your witnesses do not want to provide evidence, you can force them to do so by requesting a subpoena. A subpoena is a court order that requires a person to appear in court to give evidence or produce documents.
To organise a subpoena, lodge these forms with the court:
You would only use a Subpoena for production if you wanted your witness to bring documents to support your case, like a quotation for repairs, photographs of the accident scene or damage done to your car.
Last updated 12 May 2021