Can I take depositions in a small claims court case?
In Illinois, the short answer to this question is "No." Taking depositions is not allowed in small claims cases. Depositions are technically allowed in some civil cases, where a witness is asked questions in advance of trial, and the answers are recorded. This practice is known as discovery, and is not allowed in small claims court cases. In small claims court, both parties are only allowed to present their cases orally. The court rules are very simple and straightforward, and the parties are limited in what evidence and witnesses may be presented to the court. The Illinois Supreme Court Rules permit either party to request a hearing at which the court will hear both sides. The parties are limited in their ability to introduce evidence and witnesses, so depositions are not allowed. In addition, the parties are not allowed to subpoena witnesses to appear in court. Even if the witness is willing to testify at a hearing, they are not allowed to do so, as depositions are not allowed. The focus is on resolving the dispute quickly, and the court prefers to hear only from the people directly involved in the dispute rather than from a third-party witness. Ultimately, depositions are not allowed in Illinois small claims court cases. The parties must rely on their own presentation of evidence, witnesses, and testimony to make their case.
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