Can I take depositions in a small claims court case?

In North Carolina, depositions are not allowed in small claims court cases. Depositions are a tool used in legal proceedings that allow for the questioning of a witness, or party to the case, outside of the courtroom. This type of questioning gives attorneys the opportunity to ask questions and receive answers without having to physically transport the witness to the courtroom. In North Carolina, small claims court is an informal hearing in front of a judge where parties present their cases and testimony. Small claims court is designed to reduce the costs associated with legal proceedings so that individuals can resolve a dispute without needing an attorney. As part of its simplified and informal setting, depositions are not allowed. Instead of depositions, litigants are able to submit evidence or documents to the court in support of their case. This evidence can be used to question witnesses in the courtroom, either by the litigant or by the judge. Additionally, litigants are allowed to call witnesses to the stand to testify, furthering their case. In summary, depositions are not allowed in North Carolina small claims court proceedings. However, litigants are able to provide evidence, question witnesses, and call witnesses to the stand to testify on their behalf. This serves as a viable alternative to depositions and allows for the resolution of a dispute in a simpler and less costly manner.

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