(LSWF)Appear in court

Appear in court

You'll need:

  • Your copy of all the court documents:
    • The Requisition (Form F17)
    • The original and one copy of the draft Order to Waive Fees (Form F85)
    • The Affidavit in Support of Order to Waive Fees (Form F86)
    • The exhibits, or a statement from the Ministry of Social Development & Poverty Reduction
  • The outline of what you'll say to the judge or master
Arrive at the courthouse early. Check the bulletin board to see whether your case will be heard by a judge or a master and then take a seat in the courtroom where Chambers will be held.

What to call the judge or master

In Supreme Court, you call

  • the judge by their title:
    • "Justice,"
    • "Chief Justice," or
    • "Associate Chief Justice," and
  • a master "Your Honour"
Use the same title that the judge uses in their name. For example, if the judge is called Justice Mary Jones, call her "Justice." If she's called Associate Chief Justice Mary Jones, call her "Associate Chief Justice." If she's called Chief Justice Mary Jones, call her "Chief Justice."

Applications for an order to waive fees are often heard by a master.

What to say in court

When your case is called, go to the front of the courtroom where you can be clearly heard. Tell the judge or master your name and that you're not represented by a lawyer. Then tell them what you want.

If a master is hearing your application in Chambers, you might say something like this:

"Your Honour, my name is Jane Smith. I'm not represented by a lawyer.

I'm applying to the court for an order to waive fees so that I can file a Notice of Family Claim for a divorce. I have filed an affidavit that sets out my financial position and includes a financial statement, an ability to earn an income statement, and an explanation of expenses statement."

Usually, the judge or master will then read the affidavit and exhibits. They may ask you questions to help make the decision about whether paying the fees would cause you undue hardship.

If the judge or master is satisfied that you meet the test, they will grant your order. They may use a phrase like "Take your order." That means your order has been granted.

If the judge or master isn't going to grant your order, they will tell you why.

You may then leave the courtroom.

Updated on 3 February 2022