Can I take depositions in a small claims court case?

Typically, in a small claims court case in New Mexico, depositions are not allowed. Small claims court is designed to be a streamlined process, where costs and procedures are kept to a minimum. Thus, the rules of civil procedure that usually govern a court case, such as the ability to take depositions, are not applied in small claims court. A deposition is a process used in a court case where a witness appears and is asked questions by the parties involved in the case. In small claims court, since the cases are not formally litigated as they are in civil court, it is not necessary to take depositions. There are some instances in which a deposition might be allowed in small claims court. For example, if a party wishes to bring in evidence from a witness who is not able to be present in court on the day the case is heard, a deposition might be ordered by the judge. In addition, if a party wishes to take the deposition of a witness who is physically present in the courtroom on the day of the hearing, they may ask the judge for permission to do so. In general, however, it is unlikely that depositions will be allowed in a small claims court case in New Mexico. If you have further questions about the rules of small claims court in New Mexico, contact your local court or a legal professional.

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Can I take depositions in a small claims court case?

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