Are there any rules or limitations on witnesses testifying in a small claims court case?

Yes, there are specific rules and limitations on witnesses testifying in a small claims court case in West Virginia. Generally, either party in a small claims court case may call witnesses to testify. However, a witness can only testify to things that they personally observed or know through their own experience. Witnesses cannot testify to hearsay or on assumptions or opinions – only on actual knowledge or experience. Witnesses may be called to testify about facts that are material and relevant to the case, and they must be available for cross-examination by the other party. To be admissible in small claims court in West Virginia, a witness must be a credible witness. That means that the witness must be reliable and trustworthy, able to accurately remember and report facts, and be free from any interest in the outcome of the case. Additionally, the witness must be older than 14 years of age, and must be present in the courtroom during their testimony. In some cases, an expert witness may be called to testify, such as a medical professional or a technical expert. In addition to general witness qualifications, an expert witness must have the appropriate education, training, and experience in the field relevant to the case. Expert witnesses may provide opinions to the court, but their testimony must also be based on personal experience.

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