Can I request a trial by written declaration in small claims court?
In Michigan, you cannot request a trial by written declaration in small claims court. Small claims court is a type of court that resolves disputes between individuals who are seeking damages of up to $6,000. The court hears the arguments of both parties and makes a judgment based on the evidence presented. When someone brings a legal claim to small claims court in Michigan they must appear in court and present their case to the judge. In other states, such as California, it is possible to request a trial by written declaration where both parties submit written statements and evidence in lieu of appearing in court. However, Michigan does not offer this option. If a party is unable to appear in court in person, they may be able to present their case by phone in Michigan small claims court. The party who is unable to appear must provide written notice to the court and the other party with an explanation for why they are unable to appear in person. If the court finds that attending the court hearing would be an undue hardship, then the court may allow the hearing to take place via telephone. In Michigan, requesting a trial by written declaration in small claims court is not an option. Those who have claims in small claims court must appear in court to present their case. If the party is unable to appear for any reason, they may be able to have their hearing by phone if they can provide an acceptable explanation to the court.
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