What is the procedure for submitting evidence to the court in a small claims case?
In West Virginia, those filing a small claims case may submit evidence to the court in several ways. First, the parties may submit evidence in writing in the form of affidavits, as long as the documents are signed by the party submitting them and the other party is given the opportunity to respond to the documents. The affidavits must be presented to the court at least five days before the hearing date. Second, parties may submit tangible evidence such as photographs or documents. This evidence must be authenticated by a witness who has seen or handled the evidence or can testify to the authenticity of the evidence. Such evidence must be presented to the court at least five days before the hearing date. Third, parties may also present evidence in the form of testimony. Witnesses must be called to the court and will be subject to cross-examination. Testimony must be presented at least five days before the hearing. Finally, the court may also admit evidence that was not submitted at least five days before the hearing, but only if there is good cause to do so and the other parties are given an opportunity to respond. In short, the procedure for submitting evidence for a small claims case in West Virginia requires that any evidence be presented to the court in writing, tangible evidence be authenticated by a witness, and testimony be given five days before the hearing date. The court may admit evidence even if it was not submitted five days before the hearing, but only if there is good cause to do so.
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