What is the process that will happen on the first day in court?

Question Details: I have been summoned to the District Court and am wondering what to expect on the first day. What procedure is followed and what questions should I ask?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Unfortunately your question does not state whether you have been summonsed as a witness or as a defendant, but we will assume you are a defendant (as a witness would usually be given some supporting information by the party calling them).

There are essentially three options when you first appear - you can plead guilty, plead not guilty, or seek an adjournment to consider your options. Before doing any of this you should talk to the duty lawyer at the courthouse (if you do not have your own lawyer already). The duty lawyer can get a copy of the Police information and evidence against you and discuss it with you, allowing you to then decide what to do. They can also talk to you about legal aid.

To see the duty lawyer you should attend court about 1 hour before the time your summons says. Ask court staff where to find the duty lawyer.

Alternatively you may wish to seek legal advice before going to court and your lawyer can ask the court to adjourn the case whilst they obtain the Police evidence and advise you.

If you have time to visit your local Community Law Centre before your court date, they will be able to talk with you about your question. www.communitylaw.org.nz

Answered 5 Feb 2013. The IMPORTANT NOTICE below is part of this answer.

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