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Small Claims Court » Prepare Your Case

Prepare Your Case

Before trial, you should gather all the evidence that supports necessary to prove your claim or your defense. Anything that will help prove the facts in dispute should be brought to court. This includes photographs, a written agreement, an itemized bill or invoice marked "paid," receipts, itemized written estimates of the cost of services or repairs, a receipt for the purchase of an item or the payment, a canceled checks and correspondence. If there are records that are not in your possession, you may wish to subpoena them to be produced at the hearing date.

You should also prepare any witnesses you plan to testify at the hearing in support of your claim or defense. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness testimony.

If a witness, other than an expert witness, will not testify voluntarily, you can serve the witness with a subpoena requiring them to appear in court and testify.

Related Definitions:

Evidence – something (testimony of witnesses, records, documents, concrete objects) that tends to prove or disprove the existence of an alleged fact that is presented at the trial.

Subpoena – a court document used to compel a person (witness) to testify at the hearing or to produce records.

Witness - one who testifies to what he/she has seen, heard, or otherwise observed.

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