Can I take depositions in a small claims court case?
In Kansas, depositions in small claims court cases are not allowed. This means that a witness may not testify under oath and be questioned about the facts of the dispute. Instead, parties in a small claims court case must present all relevant evidence and testimony at trial. The parties to the case are not allowed to subpoena other individuals to testify on their behalf. In some instances, the court may consider written statements as evidence during the trial. This could include written statements from witnesses who are unable to appear in court for the trial. However, this is at the discretion of the judge and must be approved by the court. If you need to present testimony to the court prior to the start of a trial, you should contact a lawyer who is licensed to practice in Kansas to see if they can help you. A lawyer may be able to help you present cause for the court to consider a deposition in a small claims court case. Overall, the small claims court process in Kansas does not allow for depositions in a small claims court case. Parties must either appear for the trial or provide written testimony that is accepted by the court. A lawyer may be able to help with these matters, and should be consulted if further assistance is required.
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