This is the first part of a series on the court system in Trinidad and Tobago and how it works. The court system has three levels. There is:
�2 the Magistrates' Court–the first level;
�2 the Supreme Court of Judicature, which consists of the high court and the Court of Appeal - the second level; and
�2 the Judicial Committee of the Privy Council–the third level and our final court of appeal.
In addition, there are other judicial bodies or specialised courts. These include the Family Court; The Industrial Court; The Equal Opportunity Tribunal; The Environmental Court; and the Tax Appeal Board.
This week and next we look at the first level of the court system –the Magistrates' Court.
The Magistrates' Court
This court deals with both criminal and civil matters.
Civil matters
Civil matters before a magistrate are heard in the Petty Civil Court. When the magistrate sits in this court he or she is considered a judge of the Petty Civil Court and is called "Your Honour."
The magistrate deals with civil matters involving less than the sum of fifty thousand dollars ($50,000.00). A claim for more than this sum must be made in the High Court.
Apart from being limited by a money value, the Magistrates' Court is also limited by the nature of a civil offence. Specific matters are not heard there; for example, libel, slander, malicious prosecution and in some cases title to land. Persons wishing to bring an action for any of these would have to file that claim in the High Court.
How do I bring a claim before the Court?
Most matters before the Petty Civil Court are started by attorneys at law on behalf of a plaintiff. If this is the case, the attorney files the required documents for the client. However, a plaintiff may represent him/herself in the Petty Civil Court.
The document that starts proceedings in court is called the Ordinary Summons. A plaintiff who chooses to represent him/herself may go to the Magistrates' Court in the district where the claim arises, and there, he/she would be provided with a form which can be filled out detailing the claim. This is then filed in the court. A filed copy of this form must be served on the named defendant. In addition to the Originating Summons, a plaintiff must also file and serve a Particulars of Claim. This is the document that tells the plaintiff's story of why he/she is entitled to the damages or other remedy that is claimed.
A Plaintiff always has to weigh up the cost of litigation against the value of the claim in deciding if to file a case.
Next week we will look at the criminal jurisdiction of the Magistrates' Court.
�2 This column is not legal advice. If you have a legal problem, you should consult a legal adviser. Co-ordinator: Roshan Ramcharitar