Can I take depositions in a small claims court case?

No, you cannot take depositions in a small claims court case in New York. In a small claims case, parties may not use discovery, which is the process by which each side takes statements from the other side and from witnesses in order to gather evidence to be used during the trial. This means that parties in small claims court are not allowed to take depositions or issue subpoenas for documents. Instead, the parties are allowed to submit evidence in the form of documents, photographs, and/or recordings. The court will also allow witnesses to testify, but the parties will not be able to issue subpoenas or take depositions in order to get the testimony. The purpose of small claims court is to keep the proceedings as straightforward and informal as possible, while still allowing parties to present evidence and have their case heard. As a result, the discovery process, which can be a lengthy and complicated process, is not allowed in small claims court.

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