Going to court is often the hardest way to solve a problem. Preparing your case before going to court takes time and organization. You can lose a lot of time, energy, and money if you start a case without preparing.
Doing a trial on your own is challenging. You must prove your version of the facts to win your case. People who represent themselves sometimes struggle with the technical and emotional aspects of presenting a case.
Before you take legal action, ask yourself these important questions:
1. Is there another way to solve the dispute?
Court is not your only option. Have you looked at other ways to resolve the issue? For example, you can try mediation, negotiation, or direct agreement.
2. Can you get legal help?
Have you explored all options for getting legal advice? Even a single meeting with a lawyer can help you understand your chances of success. Check this list of free and low-cost ways to get legal help in Nova Scotia.
Some lawyers offer help with only part of a case to lower your costs. Others may adjust their fees based on your income. Here is general information about how lawyers may charge for their work.
3. Do you know which court to go to?
You need find the right court for your claim. There are courts that deal with family relationship breakdowns, and others deal with bankruptcies, estate matters or lawsuits involving claims of less than twenty-five thousand dollars.
To find out which court to choose and how that court works, go to the Nova Scotia Courts website, which has information about all the different courts.
Judges can only grant orders based on the law and the facts you prove with evidence. When you are researching, check for limits on what the court can order.
Once you identify the right Court, you can begin to look at what you will need to get your problem heard.
4. Have you missed any time limits?
Laws set strict deadlines for starting a civil lawsuit. Under the Limitation of Actions Act, most claims have a strict 2-year deadline. If you miss a deadline, you may lose your right to sue completely.
5. Do you understand the risks of going to court?
Going to Court involves financial risk:
- Court costs money. You must pay a fee to start a claim. For example, starting a claim costs $218.05 in the Nova Scotia Supreme Court. A claim under $5,000 costs $99.70 in the Small Claims Court of Nova Scotia. You may also need to pay for expert witnesses, travel, and copying documents.
- Costs if you lose. If you lose your case, the court may order you to pay the other side's legal fees and expenses. These costs can range from a few hundred dollars to tens of thousands of dollars.
There is also risk to your emotional health and well-being. Your credibility may be challenged. Court is like a battle. If you are starting a lawsuit you must prove your version of the facts. There will be an emotional toll on you, your family, and friends. Going through a court process is stressful and may negatively affect both your mental and physical health.
6. Have you identified the legal issues?
You know the facts of your case. However, the facts must be organized as recognized legal issues. The judge will not figure out your legal argument for you. You must clearly state the law and facts that support your case.
While we provide legal information, only you can determine what the issues you are presenting to the Court are.
If you are unsure what legal issues apply to your case, you will need to do legal research. Here is more information about doing Legal Research
7. Do you have evidence?
Before you go to court, collect physical or written proof to support each fact. Evidence includes documents, receipts, photographs, and witness statements.
In most Courts, you do not file your evidence at the start of the process. You outline your facts in the claim form, but you present your actual evidence later during the hearing or trial.
8. Can you handle the commitment?
Court can take a long time. Are you prepared to spend evenings and weekends working on the case? Can you take time off work to go to court? The court process may take months to years.
Can you handle the workload? There are many steps along the way. Going to court: Doing a trial on your own is challenging, and people who go to court without a lawyer do not succeed as often as people who go to court with a lawyer representing them.
