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 South Carolina is very similar to the process for objecting during a trial in any other court. The person presenting their case must make the objection when the witness or evidence is being presented. The objector should clearly state the reason why they are objecting, such as failure to follow proper procedure or that the evidence does not support the claim. The objection may be made to the witness in the form of a question. This question should be directed towards the witness and ask them if they are qualified to provide the information being presented. If the witness does not meet the qualifications set forth by the law to provide information, then the objector can challenge the witness or evidence being presented. If the objection is to the evidence being presented, then the objector should explain why the evidence is not relevant to the case. This could be because it does not support the claim, is hearsay, or is irrelevant to the case. The judge will then have to decide whether to accept or deny the objection. The judge will consider the arguments presented by both parties and will render a decision based upon the law and the facts of the case. If the judge decides to deny the objection, then the objector can ask to appeal the decision. This process is the same in small claims court hearings in South Carolina as it is in any other court.
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