How do I object to a witness or evidence in a small claims court hearing?
Objecting to a witness or evidence in a North Carolina small claims court hearing is relatively simple. First, the objecting party must raise their hand and state that they wish to make an objection. The judge will then pause the hearing and allow the party to explain their objection. The most commonly used grounds for an objection are relevance and materiality. Relevance means that the witness’s testimony or the evidence being presented is related to the issue being discussed in the hearing. Materiality means that the testimony or evidence is significant enough to the hearing to be considered by the judge. The party making the objection should explain why their objection is relevant or material to the hearing. For example, if a witness is offering testimony about a subject outside the scope of the hearing, the objecting party can explain why the testimony is not relevant to the hearing. The judge will then listen to both sides and decide if the objection has merit. If the judge agrees with the objection, the judge will rule in favor of the party making the objection. The judge would then ask for the witness or evidence to be removed from the hearing, strike the testimony or evidence from the record, or simply not consider the testimony or evidence. Though the party making the objection must have a valid reason for making the objection, North Carolina small claims court attempts to remain impartial and is likely to listen to any objections made by parties in a hearing.
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