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.
Related FAQs
How do I submit a written statement in a small claims court case?Are there rules regarding the use of expert witnesses in small claims court?
How do I collect a judgment from an individual who does not have assets?
What is the difference between a motion for judgment and a motion for new trial in small claims court?
How can I enforce a small claims court judgment out-of-state?
Can I appeal a ruling of a small claims court judge?
What is the maximum claim amount in small claims court?
What defenses can the other party raise in small claims court?
Can I introduce new evidence in a small claims court hearing after it has started?
Is there a limit on the number of claims I can file in small claims court?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023