On 13 Mar 2004 22:55:30 GMT, sheellah@aol.com (Sheellah) wrote:
If you are the defendant in small claims court, can you reconvene the case if
you need to issue a supeona (sp.?), to have someone appear to support your
case, or do you have to have them appear at the beginning if it's before a
judge? Would a written testimony from that person be acceptable? Would the case
be postponed if they are ill and couldn't appear? Would appreciate any help
with this, as it's all new to me. Thanks!
You should bring any witnesses with you when you appear. Live
testimony is always better than sworn written statements. Normally,
you only subpoena someone if that person is adverse to you or if
you're nervous that he or she won't appear. I don't know what the
subpoena power is for you in your state small claims court. Often,
small claims clerks will help you with these kinds of procedural
questions.
Depending on the judge, you should be able to continue a case if one
of your witnesses is ill and can't appear. I'd go into court armed
with proof, if possible, so the judge won't question your
representation.
Generally, small claims is more informal than regular court and judges
should be more lenient, but all judges can be temperamental.
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Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
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