How do I object to a witness or evidence in a small claims court hearing?
Objecting to a witness or evidence in a small claims court hearing in Delaware is done by filing what is called an objection. An objection is a statement made by a party in the case stating that they do not agree with the testimony, evidence, or argument presented by the opposing party. Generally, an objection must be made immediately after the evidence or testimony is presented. In Delaware, the common law rules of evidence apply to small claims court hearings. This means that, if a witness or evidence being presented should be excluded according to the rules of evidence, the party against whom the evidence or testimony is being offered can object. The judge will then decide whether or not the objection is valid and whether the evidence or testimony should be excluded. Apart from the rules of evidence, a party may also object to the testimony or evidence if they claim the witness is not qualified to testify or if the evidence presented is hearsay. Hearsay is when a witness testifies about something he or she heard from someone else. Hearsay is usually not allowed as evidence in small claims court. If a party believes that the evidence or testimony presented should be excluded, they should make an objection and state the grounds for the objection. The judge will then decide whether or not the evidence or testimony should be admitted.
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