Can I take depositions in a small claims court case?

In Idaho, a deposition is not a common practice in a small claims court case. A deposition is a tool used primarily by attorneys in larger court cases to allow them to prove facts. However, in a small claims court case, parties are generally expected to prove their cases themselves. In most cases, the court does not allow the use of attorneys. Both parties have to represent themselves so a deposition is not necessary. The parties are expected to present the facts to the court and attempt to prove their case that way. In Idaho, there are exceptions to this. If there is strong evidence in a case, the court may allow a deposition. For instance, if there is a dispute about a contract and one side has a difficult time obtaining witness statements, the court may allow a deposition to be taken. Depositions, although not very common, are allowed in small claims court cases in Idaho in certain situations. The court may allow it, but usually the burden of proof is on the parties themselves and a deposition would not be necessary.

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