Court of Queen's Bench of New Brunswick Trial Division: How can Court staff or Court client services assist me with filing my Originating Process and or respond to being served as a Defendant?

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Friday, January 25, 2013

How can Court staff or Court client services assist me with filing my Originating Process and or respond to being served as a Defendant?

How Court Client Services Staff can and cannot assist with your Court File.

The Court, including the judge, the clerk, and all court staff, must remain impartial. This means that they cannot take sides in any matter coming before the court. They will give the same types of information to persons on both sides of a case, but they cannot provide legal advice. Information you provide to court staff is not confidential. Read below to find out what the court can and cannot provide to you.

What Court Staff CAN DO

Court Staff can provide you with a telephone number of local lawyer referral services.

Court Staff can explain and answer questions about how the court works.

Court Staff can provide you general information about court rules, procedures and practices.

Court Staff can provide you information from your case file, including information as to when your next court hearing is.

Court Staff can provide a copy of the small claims manual and court forms that are available and instructions on how to complete them.

Court Staff can review your papers for completeness by checking for signatures, notarization, correct county name, and correct case number.

How To Ask Questions of Court Client Services Staff And Receive Answers

Court Staff cannot provide legal advice or legal interpretations. Only a lawyer can give you legal advice. Staff can answer questions that call for factual information—these are generally questions that start with “who,” “what,” “when,” “where,” or “how.” They cannot answer questions that call for an opinion about what you should do—these are generally questions that start with “should,” or “whether.” For example, court staff can explain court rules and procedure, but they cannot suggest which of several available procedures you should follow.

Court Staff cannot advise you whether or not you should bring your case to court or give you an opinion about what will happen if you bring your case to court.

Court Staff cannot advise you what to say in court.

Court Staff cannot let you talk to the judge outside court. We also cannot talk to the judge for you about your case.

Court Staff cannot fill out a form for you or tell you what words to use in your court papers.

Court Staff cannot sign an order or change an order signed by the judge. We cannot explain the meaning of a court order to you.

Court Staff cannot provide any guidance or interpretation of the Parenting Time Guidelines for you.