Suing in small claims court

[annie70]

I have a case coming up in small claims court and have just found out that one of my key witnesses will not be able to be there because he will be out of the country on business. Can he submit a notarized statement of what he saw? Is this admissable in small claims court?

 

[Michael Wechsler]

I have a case coming up in small claims court and have just found out that one of my key witnesses will not be able to be there because he will be out of the country on business. Can he submit a notarized statement of what he saw? Is this admissable in small claims court?

Typically no. There is a right and desire for cross examination of the witness but you never know. Nothing is "absolute" in small claims court and competence and actual knowledge of the law sometimes varies. What you could do (it may not be in time) is adjourn the case until later. Make sure you notify the defendant with a certified letter within a reasonable time. Request from the small claims court an adjournment. The procedure may vary depending upon jurisdiction.