What is the process for objecting to evidence in a small claims court case?

Objecting to evidence in a small claims court case in West Virginia is an important part of the proceedings. It gives the parties the chance to challenge the evidence that is presented to the judge. This process is referred to as motion practice. The first step in objecting to evidence in a small claims court case in West Virginia is to file an appropriate motion. This motion must be served on the other party to the case prior to the scheduled hearing date. The motion should explain the legal authority for the objection and also the facts that support it. The opposing party must then be given the opportunity to respond to the motion. This response must be filed and served prior to the hearing date as well. Depending on the issue being challenged, the court may request that the parties produce additional evidence or have witnesses testify at the hearing. At the hearing, the parties will have a chance to present their arguments and evidence. The judge will then consider all of the evidence presented when ruling on the motion. If the judge finds that the objection is valid, they will exclude the evidence from the case. If not, the evidence will be admitted and a ruling will be made based on it.

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