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Preparing for a Motor Vehicle Disputes Tribunal hearing
Preparing your case for a Motor Vehicle Disputes Tribunal hearing
Preparing properly for a Motor Vehicle Disputes Tribunal hearing can make a significant difference to how clearly your case is presented and understood. Although hearings are relatively informal, you are still expected to explain your position, refer to relevant documents, and respond to the other party’s arguments. This page outlines practical steps you can take in advance of the hearing, including preparing a synopsis of your argument, organising documents, and arranging any witnesses you intend to rely on.
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
Timeframes and practical expectations for hearings
Motor Vehicle Disputes Tribunal hearings can take one to two hours or longer if the dispute is complex.
You should prepare a written synopsis of your argument to refer to at the hearing. Think of it as a kind of road map for what you want to cover. See the parts of this website dealing with synopses of arguments for how you might go about preparing a synopsis.
If you have relevant documents that you did not submit at the time you filed your application then then you might want to prepare a bundle of documents. See those parts of this website covering evidence supporting your argument for more about the kinds of documents that could be relevant and how you might submit them in a bundle of documents.
Keep in mind that you should take duplicate bundles or copies of documents with you to the hearing: A copy for yourself, one for the Tribunal and a copy for every other party to the case. Keep the original documents separate, and take them to the hearing with you also just in case their authenticity is questioned or there is some problem with your copies.
Witnesses
You may need witnesses to give evidence in support of your case at the hearing. In that case you will need to organise your witnesses before the hearing. You should speak to potential witnesses to find out what they have to say.
Witnesses are ordinarily required to wait outside the courtroom where the hearing is taking place until it is their turn to give evidence, be cross-examined and re-examined where appropriate. See those parts of this text dealing with witnesses on trial for more about giving evidence, cross-examination and re-examination generally.
The tribunal may allow a witness to give evidence by telephone if that person cannot attend the hearing on the day. You should contact the tribunal to discuss and arrange any telephone evidence at an early opportunity. You should not attend a hearing expecting that the tribunal will allow telephone evidence if it was not arrange beforehand. See those parts of this website dealing with appearing by telephone for more about how you might go about arranging telephone evidence.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.