Are there any restrictions on the type of evidence I can submit in a small claims court case?
Yes, there are some restrictions on the type of evidence you can submit in a small claims court case in Wisconsin. Evidence must be relevant to the case and must be something that a judge can consider when making their decision. Generally speaking, this means that physical, documentary, or testimonial evidence is allowed. Physical evidence, such as items related to the dispute, must be able to be inspected by the judge. Documentary evidence, such as medical bills, contracts, or photographs, must be authentic and must be legible. Testimonial evidence consists of witness testimony and can include affidavits or witness statements. In Wisconsin, certain evidence is not allowed in small claims court due to its prejudicial or hearsay nature. Prejudicial evidence includes personal information about someone unrelated to the case, such as their criminal background or financial history. Hearsay evidence is second-hand information such as rumors or gossip. If submitted, this type of evidence cannot be used as evidence. Additionally, opinions are not allowed in Wisconsin small claims court cases, unless from an expert witness. In sum, there are restrictions on the type of evidence you can submit in a small claims court case in Wisconsin. Make sure to only submit evidence that is relevant to the case and that the judge can consider. If the evidence is prejudicial or hearsay in nature or an opinion, it will not be accepted.
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