What is the process for objecting to evidence in a small claims court case?
In Delaware, the process for objecting to evidence in a Small Claims Court case is similar to the process for objecting to evidence in other types of court cases. The objections must be made in a timely manner and should be written, recorded on a computer, or spoken aloud in court. When making an objection to evidence, the party making the objection must state the legal basis for the objection and explain why the evidence should not be considered. The judge will then decide whether to sustain or overrule the objection. If the judge sustains the objection, the evidence will not be considered. Objections can also be made to the form or relevance of a witness’s testimony. If the witness is speaking in a manner that is difficult to understand, an objection can be made. The same applies if a witness’s testimony is irrelevant to the case or if the witness is testifying about matters outside of their knowledge. If the judge sustains an objection, the party making the objection may be able to submit additional evidence or provide additional argument to support their position. It is important to remember that all objections will be evaluated on a case-by-case basis and the judge has the final say.
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