Can I take depositions in a small claims court case?

In West Virginia, the answer is generally no. The small claims court system in West Virginia is a simplified court system designed to allow individuals to bring and resolve civil cases without a lawyer. This simplified process means that certain complex court procedures, such as depositions, are not allowed. Depositions are a type of pretrial discovery process in which a witness is asked questions in anticipation of a trial. In small claims court, the process is much more streamlined and informal, and the parties involved usually present their case in person, without taking depositions. They can, however, bring papers and other documents to the hearing to help support their case. The small claims court system is designed to be a simpler, more cost-effective way for individuals to resolve disputes without having to pay for an attorney or go through a more formal court process. The process is less time consuming and costly than traditional litigation, so taking depositions is not usually allowed in West Virginia’s small claims courts.

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