Can I request a trial by written declaration in small claims court?
In New Hampshire, a person may request a trial by written declaration in small claims court, though the option is only available in certain circumstances. Any party to the claim may file a written declaration in an effort to prove their case without going to court. The parties must agree to the trial by written declaration and fill out the appropriate paperwork. The written declaration should include a summary of the parties’ arguments, as well as any written documents or materials that support each party’s position. Additionally, the court may require the parties to provide other evidence, such as witness testimony or financial records. Once the court has received both parties’ written declarations, it will make a decision based on the information provided. The decision is considered final unless the other party requests an in-person trial. In some cases, a trial by written declaration may be the best option for small claims court in New Hampshire, as it can offer a simpler and more efficient process than an in-person hearing. However, it is important that all parties provide thorough and accurate information to ensure that the court receives all relevant facts and evidence. As such, if the facts of the case are complicated or require live testimony, an in-person trial may be necessary.
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