When is the plaintiff's evidence due in a small claims court hearing?
In California, the plaintiff’s evidence is due before the small claims court hearing begins. Specifically, the plaintiff must submit all evidence related to the claim to the court at least five days prior to the hearing. This is to ensure that the defendant has an opportunity to review the plaintiff’s evidence before the hearing date. The court may waive the requirement of a five-day notice period in certain circumstances when it determines that the plaintiff has made a good faith effort to serve their evidence, but has been unable to do so for some reason. This can happen if the plaintiff discovers new evidence after the five-day notice period or if the defendant has not received prior notice of the hearing. In any case, the plaintiff must bring any and all evidence that they wish to present to court with them at the time of the hearing. The court will not accept new evidence during the course of the hearing, so it is important that the plaintiff submit all their evidence prior to the hearing. Failure to do so may result in the judge deciding the case without considering the full scope of the plaintiff’s evidence.
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