Small Claims Jargon Buster

Acknowledgement of Service

A form used to confirm receipt of a court document, such as a petition or a claim.

Admission

The acceptance that a fact or statement is true which then, in court proceedings, cannot be denied without the court's permission.

Civil Procedure Rules (CPR)

The Civil Procedure Rules are procedural codes with the overriding objective of enabling courts to manage cases coming to court and deal with them fairly.

Claim Form

The first document prepared by a claimant and sent to the court to start an action. In the small claims court, it is a simple statement of the names of the claimant and defendant, the basis for the claim and the remedy the claimant is seeking.

Claimant, or plaintiff

Someone who makes a claim in court against a defendant for a remedy, such as damages.

Complainant

Someone who lodges a complaint. See Claimant.

Ex gratia

Given as a favour not required by a legal duty.

Witness

a. A person who signs a deed or Will to confirm that it has been executed in their presence. b. Someone who testifies in proceedings.

Witness statement

The written evidence of a witness, which is usually read by the court as the witness's "evidence in chief". The witness promises that the statement is true and can be cross-examined on it.

Witness summons, subpoena

The document requiring a witness to come to court to give evidence or produce a document. Failure to do so may be treated as a contempt of court.