Can I request a trial by written declaration in small claims court?
Yes, you can request a trial by written declaration in small claims court in Texas. In Texas, the Small Claims Court allow parties to file written declarations and waive their right to the in-person hearing. This is known as a trial by written declaration. If you choose to have a trial by written declaration, you must submit a written declaration indicating the amount of your claim, as well as any evidence or other documents that support your case. You must also serve the other party with your declaration and supporting documents. Once the other party has been served with your declaration and documents, they have the opportunity to respond by filing a statement of defense and providing any supporting documents they have. When both parties have filed their documents and other evidence, the case is then decided by a Judge based on the written materials. The Judge will then issue a written decision and order. It is important to note that if you choose to have a trial by written declaration, you are giving up your right to appear in court and present your case in person. Therefore, it is important to gather and provide as much evidence as possible to support your claim.
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