Small Claims

Evidence - Eye Witnesses

Much of the evidence received in court is through witnesses. When you are deciding to sue, and you have an eye witness, be sure that you have that witness in court to testify. If a person saw the accident on which you are suing, either contact them to bring them to court, or subpoena them. The Small Claims Court clerk will tell you how to subpoena witnesses.

The Other Party's Evidence

If you decide to sue in Small Claims Court, look at all you must overcome to win your case.

Collecting Evidence

If you have decided that pursuing a small claims case is in your best interest, you must decide to see if it can be won with your evidence. If you need to fight an uphill battle, it may not be worth taking the case to court. Remember, the plaintiff, the person bringing the suit, has the burden of proving each element of their case.

Defendant Advice

What if you are the Defendant?

If someone files a lawsuit against you, remember that the burden of proof is on the plaintiff. The person suing you must produce evidence that shows that what he/she is arguing actually happened and that he/she was wronged in some manner. If the plaintiff fails to introduce this evidence you will win, no matter what actually happened.

When to Consider Small Claims Court

Most Small Claims Courts have jurisdictional limits. That is, the Small Claims Courts will only accept cases in which the damages sued for are less than a certain amount. Contact your local Small Claims Court Clerk to make sure you are within the limit.

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