Are there rules regarding the use of expert witnesses in small claims court?
In Colorado Small Claims Court, the rules regarding the use of expert witnesses depend on the type of case being argued. Generally, expert witnesses are not allowed in Small Claims Court. This is because the idea behind Small Claims Court is to provide an informal and fast way to resolve disputes without the need for expensive or time-consuming procedures, such as hiring experts. However, in some very specific circumstances, such as cases involving real estate or complex financial matters, expert witnesses may be allowed. In these cases, the judge may decide to hear testimony from an expert. If this is the case, both parties must agree to allow the expert witness to testify in order for it to be allowed. No matter what, witnesses in Small Claims Court must only testify about what is witnessed firsthand – an expert cannot offer opinions to the court. Experts can only provide the court with factual information based on their professional opinion. Of course, the rules vary from jurisdiction to jurisdiction and it is recommended that anyone with a case in Small Claims Court consult with an attorney to make sure they are doing everything by the book.
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