Can I take depositions in a small claims court case?

In Massachusetts, you may not take depositions in a small claims court case. This is because small claims court cases are designed to be a simple and cost-efficient way of resolving disputes. The court does not want to extend the proceedings any longer than necessary, so depositions are typically not allowed. Depositions are a form of discovery which allow parties in a lawsuit to ask questions of opposing parties or witnesses in order to gather evidence. In many cases, they can be lengthy and expensive, so they are not appropriate for small claims court. If you feel that the case merits further investigation in order to find evidence to support your case, you should consult an attorney. An attorney can advise you on whether it is appropriate to take depositions in your situation. The small claims court is designed to help everyday citizens settle minor disputes quickly and informally, and taking depositions would ultimately add cost and complexity to the process. As such, depositions are generally not allowed in small claims court cases in Massachusetts.

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