How does the evidence presented in a small claims court hearing differ from that presented in other courts?
In West Virginia, small claims court is designed to handle more minor legal issues than other court systems. In these courts, the rules of evidence are more relaxed, meaning that the evidence presented is not as stringently regulated as in other court cases. In small claims court, parties do not have to be represented by an attorney, and the evidentiary requirements are far less stringent than standard court proceedings. Instead of requiring witnesses to testify under oath and provide sworn testimony, small claims court often allows individuals to give an oral statement to the court and provide other documents, including photographs or contracts, as evidence. Additionally, in small claims court, the judge is more likely to work with the parties to try to reach a resolution without having to go through a lengthy trial. However, this also means that the plaintiff must provide enough evidence to convince the judge that their case has merit. The burden of proof in small claims court is on the plaintiff to prove their case is true. The standard is lower than in other court cases, but parties must have stronger evidence than just opinions or speculation. Overall, the evidence presented in small claims court hearings differ from that presented in other courts due to the fact that the rules of evidence are more relaxed and the burden of proof is shifted to the plaintiff.
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