Can I request a trial by written declaration in small claims court?
Yes, in the state of California, you can request a trial by written declaration in small claims court. This trial option is available when both parties are in agreement and agree to forego a trial in court. It involves filing paperwork in advance, and both parties filing written statements which are reviewed by the judge and a decision is made based on the information provided. To request a trial by written declaration in California small claims court, you must contact the court clerk before the trial date to submit your request. Be sure to include the record number of your case and the statement of the claim form with the trial by written declaration request form. After submitting the paperwork, both parties will have to provide a statement of the claim and supporting documents to convince the judge to decide in their favor. The judge will review both parties’ statements and make a decision in the case. Be sure to note that if you are requesting a trial by written declaration, there will be no opportunity for the other party to contest their statement or for you to cross-examine their statement. This is why it is important to be sure of the outcome before opting for this method of trial. In addition, if either party is not satisfied with the outcome of the trial by written declaration, they can request a trial in court and have the opportunity to present oral arguments.
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