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Make small claims damages as exhibit or just verbally relay it to judge?
- Thread Starter Mitch24
- Start date
What state?
adjusterjack
Super Moderator
Both.
Always use an exhibit so the judge and your opponent can follow along with what you are saying.
CA
Doesn't this have the disadvantage that the other side then has more time to formulate counterarguments, in venues where the exhibits are exchanged several days ahead of time?
zddoodah
Well-Known Member
You are using the word "exhibit" incorrectly. What I think you're talking about is commonly referred to as a demonstrative. It's not itself an exhibit (or evidence or any sort); rather, it's a visual summary of the evidence.
The clearer you can make things for the small claims judge (who may hear upwards of 5-10 other cases the same day he/she hears yours, the better it will be.
Are you in a county that requires this? If so, what county?
The clearer you can make things for the small claims judge (who may hear upwards of 5-10 other cases the same day he/she hears yours, the better it will be.
Are you in a county that requires this? If so, what county?
adjusterjack
Super Moderator
A part of the lawsuit process is called Discovery. Each party is entitled to know what the other party is bringing to the case. It's like playing poker with all the cards dealt face up.
In small claims, it's less formal. You prepare your evidence, documentation, exhibits, demonstratives, whatever you want to call it and you present it to the judge so he can follow along with you while you explain it.
Your opponent has the right to see your evidence so you provide a copy of what you give the judge. That way things move along smoothly.
You should be prepared to counter any counter-arguments proffered by your opponent.
zddoodah
Well-Known Member
Just FYI, there is no pretrial discovery in California small claims court.
adjusterjack
Super Moderator
Read the second paragraph. I was explaining that.
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