What Evidence Can Be Used in Small Claims Court?
Small claims court is a type of court that handles civil cases where a small compensation is sought, usually less than $3,000 to $5,000. While cases in small claims court tend to be faster, cheaper and easier to try, it is still court and the evidence used must still be proper. Generally, the evidence must be relevant, not hearsay and an original copy of a document when appropriate.
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Revelant Evidence
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Evidence presented in a small claims court case must be relevant, and in most cases relevant evidence will be admissible. In order for a piece of evidence to be relevant, it must show that an important fact of the case is either more likely to be true or less likely to be true. For example, if a key fact at a car accident trial is that Y drove a blue car, then X may present evidence that Y owns a blue car, and Y may present evidence that he sold his blue car. Both pieces of evidence are relevant because X's evidence shows that the fact that Y drove a blue car is more likely to be true, and Y's evidence shows that, since he sold the car, the fact that he drove a blue car is less likely to be true.
Hearsay Evidence
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Hearsay evidence is generally inadmissible at trial. Evidence is hearsay if it is a spoken or written statement made outside of court that is offered at trial by someone who did not originally speak or write the words and the evidence is being offered for its truth. For example, if X is in court and testifies that "Z told me that W wore a red dress," the statement is inadmissible because it is hearsay.
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Exceptions to Hearsay
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There are some exceptions to the hearsay rule that are relevant in small claims court. For instance, if the opponent makes an admission regarding his claim or defense to a third party, then the third party may testify regarding the statement and that will not be barred by the hearsay rule. Further, marriage certificates, birth certificates, family records, public records, records of regularly conducted activity and statements made for the purpose of medical diagnosis or treatment are all exceptions to the hearsay rule.
Best Evidence Rule
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In many instances in small claims court, a party may wish to present written, recorded or photographic evidence. To present such evidence, it must be an "original." This rule has come to be known as the "best evidence rule" among lawyers and the courts, but that is a misnomer. It does not require the best evidence possible, only that if an original copy of a written document, recording or photograph exists, then it must be submitted in court. Also acceptable as originals, in most cases, are photocopies, computer printouts of materials stored on a computer's hard drive, and film negatives. An exception is made if the original is destroyed, lost or cannot be retrieved.
Types of Evidence
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The types of evidence that may be introduced into small claims court are generally what one would expect for any type of court case. Witness testimony, written contracts, receipts, drawings, diagrams, photographs, checks, and work or business records are all suitable evidence, as long as they are relevant, not hearsay, and are original copies.
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References
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