Can I take depositions in a small claims court case?
No, you typically cannot take depositions in a small claims court case in California. A deposition is a process in which a witness is questioned and sworn in by a court reporter, in a legal setting, in order to produce evidence in a trial. Depositions are typically only available in civil court cases, where the stakes are much higher than in small claims court. In a small claims court case, parties are limited to presenting evidence in the form of witnesses, documents, and photographs. In California, the main purpose of small claims court is to provide individuals and small businesses with a relatively inexpensive and informal way to resolve minor disputes. There are limits in place as to how much can be asked of parties in a small claims case - for example, the total amount of money that can be sought by a party is $10,000. Therefore, depositions are not permitted in small claims court cases in California. If you need to present evidence that is complex, technical, or otherwise uncertain, it may be best to pursue a civil court case instead.
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