Can I take depositions in a small claims court case?
In Wisconsin, small claims court is a court that handles civil cases where the amount of money being sought is $10,000 or less. People often use small claims court when they need to resolve a dispute quickly and inexpensively. It is important to understand the rules of small claims court before filing a case. The answer to the question, “Can I take depositions in a small claims court case?” is no. Depositions are not allowed in small claims court in Wisconsin. A deposition is a legal proceeding in which a witness is asked questions in a formal setting under oath. Depositions are usually allowed in civil cases involving more than $10,000, but in small claims court, only verbal testimony is allowed. If a party to a dispute desires to question a witness in a more formal setting, they must do so through written questions. The written questions must be agreed upon by both parties and must be answered in writing by the witness. For this process to occur, the parties must request permission from the judge with a formal motion. If you are considering filing a small claims court case in Wisconsin, you must be aware of the rules and processes that are involved. Knowing the rules of small claims court can help ensure that your case is managed properly and that the outcome is satisfactory.
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