Can I request a trial by written declaration in small claims court?

In Kansas, yes, you can request a trial by written declaration in small claims court. Generally, this is reserved for cases where the amount in dispute is $4,000 or less. While there are some exceptions, you must be able to show that a hearing would be difficult to obtain, costly, or if the parties live more than 100 miles apart, a trial by written declaration might be the only way to have the case heard. The procedure for requesting a trial by written declaration is usually to file a form with the small claims court clerk. Once you do this, you may be asked to submit your documents and evidence, such as police reports, witness statements and receipts, through the mail. Both parties must submit their versions of the story before the court will make a decision. At the end of the process, each party will have an opportunity to present their arguments in writing. If the judge decides that a trial is necessary, then an in-person hearing will be scheduled. Otherwise, the judge will make a decision based on the written evidence and arguments that were submitted by each party. No matter which type of trial you choose, it is important to remember that small claims court is intended to be an informal, accessible way for individuals to resolve disputes without the expense of going to court. With a trial by written declaration, you can have your case heard without incurring the time and expense of an in-person hearing.

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Can I request a trial by written declaration in small claims court?

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