Do I have to present evidence in small claims case?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 13, 2023
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UPDATED: Jul 13, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Small claims courts are special, limited courts meant to enable the speedy resolution of certain types of disputes. Unlike other courts, claim amounts in small claims courts may not exceed a set figure, generally around $5,000-$10,000, depending on the court. Small claims court judges have full power and authority to render judgments that are binding on all parties involved.
Most jurisdictions do not permit parties in small claims cases to be represented by lawyers. This requirement enables small claims court judges to conduct hearings in a more relaxed, less formal manner, with some leeway allowed with respect to introducing evidence. However, since small claims courts are still courts of law, the rules of evidence still apply. Evidence must be introduced to support your case, and it must be introduced properly.
The Importance of Evidence in Small Claims Court
Telling your story in small claims court requires proving your case in an orderly, systematic manner. To do this, you usually need witnesses and/or admissible evidence. A jurisdiction’s rules of evidence will indicate what is admissible and what is not. For example, hearsay, a statement made out of court, is considered inadmissible in most jurisdictions (except in certain limited circumstances). At trial, the judge will consider only admissible evidence presented by both sides in the case. The winner in small claims court will be the one who presented the most convincing, admissible evidence to the judge to support his/her story.
If you have a claim and are considering small claims court, you should make yourself aware of the court rules in your jurisdiction, including especially the evidence code. This information can generally be found in a legal library or on the Internet. If you find the rules are too complex to implement on your own, don’t feel bad: even lawyers can have trouble with this, and they work with evidence on a daily basis! Your best bet, if you intend to win your small claims court case, is to consult with an experienced attorney beforehand for advice on your claim.
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Case Studies: Evidence in Small Claims Court
Case Study 1: Auto Insurance Coverage
In a small claims court case involving a car accident, the plaintiff sued the defendant for damages to their vehicle. The defendant admitted fault but disputed the amount claimed by the plaintiff. The defendant’s auto insurance company intervened and negotiated with the plaintiff’s insurance company to reach a settlement.
The insurance companies reviewed the evidence and witness statements, ultimately agreeing to cover the full cost of repairs. As a result, the case was resolved without going to court, demonstrating how insurance coverage can facilitate the resolution of legal disputes.
Case Study 2: Homeowner’s Insurance Liability
A visitor slipped and fell on the defendant’s property, sustaining injuries. The visitor filed a lawsuit against the homeowner, seeking compensation for medical expenses and pain and suffering.
The homeowner’s insurance policy included liability coverage, which protected the homeowner in such situations. The insurance company provided legal representation to the homeowner and negotiated a settlement with the injured party, covering the medical expenses and offering a fair amount for pain and suffering.
This case highlights the role of homeowner’s insurance in mitigating the financial impact of accidents on property owners.
Case Study 3: Professional Liability Insurance
A client sued a professional service provider for alleged negligence and financial losses resulting from the provider’s actions. The service provider had professional liability insurance, commonly known as errors and omissions (E&O) insurance.
The insurance company appointed a lawyer to defend the service provider and protect their interests. The lawyer analyzed the case, gathered evidence, and prepared a strong defense.
With the assistance of the insurance company, the service provider successfully defended against the client’s claims, emphasizing the importance of professional liability insurance in safeguarding individuals and businesses from potential legal liabilities.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.