“Do I Have To Go To Court?”

young man sitting thinking, contemplating - isolated on white

It depends.

If you are asking this question because you have started a matter in Court then you should definitely go to the court hearings, even if you have a lawyer. Your attendance at Court signifies that you are interested in the matter and it also shows respect for the Court and its proceedings. Further, you should attend the sessions in the event that the Court wishes to solicit any information from you which might not be within the personal knowledge of your attorney. If you are representing yourself you should not think twice about going to Court – just go!

If someone has initiated an action against you, the answer is still yes – for all of the reasons stated above.

If you are defending a criminal charge in Court then you should definitely turn up to Court on the specified date, unless you like the idea of being arrested. In this case, non-attendance is not harmless! In fact, the magistrate or judge may issue a warrant for your arrest. Your non-attendance at Court may be even more disadvantageous to you if you were on bail. The judicial officer may rescind bail and remand you into lawful custody since the main condition of bail is to appear at Court on the specified dates and times for the “calling” or hearing of your case.

If you are the virtual complainant in a criminal matter, you risk having your matter thrown out if you do not show up at Court for the trial of the matter.

You may be asking this question because you are considering your options for relief. The parties can assemble and with the aid of their attorneys begin negotiations with the aim of coming to an amicable agreement. Moreover, if you initiate a civil action at Court, at the first hearing or at some subsequent hearing, the Court may refer the matter to court-annexed mediation. The parties may also ask the Court to exercise that option. This process is intended to be less time consuming and allows for free discussion of issues with the goal of coming to an agreement with the professional assistance of a qualified mediator.

– Kara-Je Kellman

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