Can I take depositions in a small claims court case?

Small claims court cases in Virginia do not normally involve taking depositions. Depositions are statements taken from a witness in a court case, often under oath, and are usually used in more serious types of court cases. In small claims court proceedings in Virginia, the parties present the facts to the judge verbally, and it is up to the judge to decide who is in the right and make a ruling in the case. Evidence such as documents, photos and other physical items can be accepted by the court as proof of the facts. If a party feels that they need an additional witness to help prove their case, they can ask the court to compel a witness to appear at the proceedings. In some cases, one party may ask the other to agree to an out-of-court deposition, but this is something that must be bargained for between the parties and is not something the court will automatically do. If the parties agree, then each party may be represented by a lawyer, but the depositions are not considered part of the court proceedings. The depositions are simply taken to help the parties understand their case better and usually not used in the actual court proceedings.

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