Are there any restrictions on the type of evidence I can submit in a small claims court case?
When appearing in a West Virginia small claims court, litigants should be aware that they can only present evidence that is relevant to their case. Generally, evidence that is not relevant to the dispute between the two parties is not allowed. Examples of evidence that is typically inadmissible in small claims court are hearsay, offensive language, opinions, or evidence that is considered overly prejudicial. It is also important to note that most small claims courts in West Virginia require that any documents or physical evidence that a plaintiff wishes to present must be provided to the court ahead of time. This is done to ensure that the other party has had a chance to review the evidence and can form a response. While there is some wiggle room in the types of evidence a party can submit to the court, it is important to understand what is and is not allowed before making a filing. In summary, when appearing in a West Virginia small claims court, litigants should be aware of the types of evidence that they can submit. Generally, only evidence that is relevant to the case at hand is allowed. Documents or physical evidence must also be provided to the court ahead of time.
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