Letter of non-attendance for small claims hearing

  • Quick and easy to complete
  • Complies with court rules
  • Helps ensure your case is properly considered

You can use this letter of non-attendance for small claims hearing if you are involved in a small claim and will not be able to come to the trial date. This letter is suitable if you are happy for the case just to be dealt with on the basis of the paper evidence that you send to the court and asks the court to proceed in your absence rather than change the hearing date to a day that you are available.

If you want to ask the court to adjourn the hearing to a later date so that you can attend, there is a form for you to fill in and send to the court, and a small fee to pay - see Going to court for a small claim for details of the process and paperwork.

There are particular matters that you are legally required to tell the judge about to ensure that they take account of your evidence and do not dismiss your case out of hand because you are not there to present it on the day. This letter explaining your non-attendance covers those legal requirements.

You must send this letter well in advance of the court hearing date. Ensure that it arrives at court and a copy is sent to the other side of your case at least seven days beforehand. You must also send any documents or statements that you want the court to consider well in advance.

You can also purchase this document as part of the Small claims toolkit.

Q&A

  • When should I use this document?

    Use this letter of non-attendance for small claims hearing if you have decided that you will not attend the final hearing and you are happy for the judge just to look at the paperwork.

    Do not take this decision lightly - it can damage your chances of success if you do not attend yourself or send a lawyer to the trial to act on your behalf. This is especially the case if the other side of the case does attend court to press their side of events with the judge.

    If you still want the trial to take place in your absence, this letter is the proper way to let the judge know and ensure that you have the best chance possible in the circumstances.

  • What does this document cover?

    This letter of non-attendance at a small claims hearing explains the legal rule under which you are asking the judge to deal with the case in your absence. It helps to ensure that the judge does in fact consider the evidence that you have sent in, rather than simply dismissing the case in your absence.

  • Why do I need this document?

    It is important that you use this letter of non-attendance for a small claims hearing to give the court advance notice.

    If you simply do not come to the hearing, or do not give enough notice, the judge is likely to dismiss your case or find in favour of the other side. If you have decided that you are happy for the court to make the decision based on the papers you send in, this letter ensures that you have the best chance of your claim succeeding in your absence.

  • Where can I find out more?

    For straightforward guidance on how to run a small claim, see Small claims and letter before action.

    For more information on what to do if you cannot make a hearing date in your small claim, see Going to court for a small claim. This guidance includes help with deciding whether you should be asking for an adjournment or for the case to be dealt with in your absence.

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