Offering Witness Testimony in Small Claims Court
Gather and prepare your evidence in advance of going to small claims court.
Whether you are a plaintiff (the person suing) or the defendant (the person being sued), the key is to realize that it's what you bring with you to court to back up your story -- not what you say -- that determines whether you'll win or lose. This makes sense if you understand that the judge has no idea who you are and whether your oral (spoken) testimony is reliable. After all, your opponent is likely to claim that the "true story" is extremely different from your version.
In short, your chances of winning will greatly increase if you carefully collect and prepare your evidence. Depending on the facts of your case, a few of the evidentiary tools you can use to convince the judge you are right include:
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eyewitnesses
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photographs
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diagrams (for example, of the scene of a car accident)
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letters from experts
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advertisements falsely hyping a product or service, and
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written contracts.
Eyewitness Letters
Letters from eyewitnesses should first state who the witness is and then establish how, where, and when she saw (heard, smelled, or touched) important events or evidence. Here is a sample.
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Presiding Judge
Small Claims Court
Kansas City, Kansas
Re: John Swift vs. Peter Petrakos
Small Claims Case No. 11478
Your Honor:
My name is Victor Van Cleve. I work at Racafrax Engineering in Kansas City, Kansas, as a mechanical engineer, and I am 43 years old.
On September 15, 20xx, I witnessed an auto accident a little after 7:30 a.m., involving John Swift and Peter Petrakos. I was about 50 feet away from the accident, standing at the intersection where the accident occurred, and I could see what happened clearly. I did not know either Mr. Swift or Mr. Petrakos before the accident.
I saw Mr. Petrakos' Toyota, which was heading north on South Dora, go through a red light and hit Mr. Swift's blue van, which was proceeding east on West 7th, well inside the 25 MPH speed limit. I assume the light was green facing Mr. Swift on West 7th because I was watching the red light on South Dora, waiting for it to change to green so that I could cross the street.
Sincerely,
Victor Van Cleve
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