How does the evidence presented in a small claims court hearing differ from that presented in other courts?
In Washington, evidence presented in a small claims court hearing is different from that presented in other courts in several ways. Firstly, the rules of evidence—which govern the types of evidence admissible in a court of law—are much more relaxed in small claims court. In small claims court, judges are allowed to consider evidence that would be inadmissible in other courts, such as hearsay and character evidence. Furthermore, the rules for authentication of evidence—ensuring that it is relevant and original—are also more relaxed in small claims court. Secondly, the burden of proof—the amount of evidence necessary to prove a case—is lower in small claims court than it is in other courts. In other courts, the plaintiff needs to establish his/her case by a “preponderance of the evidence” or “clear and convincing evidence” standard; however, in small claims court only a “fair preponderance of the evidence” is needed. Finally, parties to small claims court proceedings are allowed to present evidence in a more informal manner. Witnesses may testify without being sworn in, and parties are allowed to present evidence such as photographs, video recordings, etc. without having them authenticated by an expert witness. In summary, small claims court proceedings differ from other court proceedings in how evidence is presented by allowing for more relaxed rules of evidence, a lower burden of proof, and a less formal presentation of evidence.
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