Are there rules regarding the use of expert witnesses in small claims court?

In California, rules regarding the use of expert witnesses in small claims court are detailed in the California Code of Civil Procedure. Generally speaking, expert witnesses are not allowed in small claims court. This is because small claims court is meant to be a relatively informal and quick dispute process. Instead, the parties to the suit must present their own evidence and testimony. That being said, the court does allow for exceptions to the rule in certain cases. Namely, the court may allow expert witnesses to be used if their testimony is necessary to the proper resolution of the case. For example, an expert witness may be allowed to testify on questions of valuation and/or causation, or provide an opinion as to some of the facts in dispute. In order for a party to call an expert witness in small claims court, the party must first obtain an “Order for Examination” from the court. This order will allow the party to have a witness appear in court and testify. In addition, the party will typically have to pay a fee in order to have the witness appear in court. In conclusion, while expert witnesses are not typically allowed in small claims court, they may be allowed in certain cases with the permission of the court.

Related FAQs

Are there rules regarding the use of expert witnesses in small claims court?

Related FAQs

Related Blog Posts