Legal Question in Appeals and Writs in California
Appeal in a Small Claims Court
Do you have to be physically present if you hire an attorney?
Asked on 5/26/07, 1:27 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Appeal in a Small Claims Court
Probably not, but you can only testify if you're there in person. You can't submit written or recorded statements instead. Hiring an attorney doesn't change this requirement. Almost all small claims cases require the testimony of the parties, even if only to authenticate other evidence and explain its significance. If you're not there to prove your case and no other witnesses can prove it for you, the best lawyer in the world won't be able to win.
Answered on 5/26/07, 5:24 pm
Terry A. Nelson
Nelson & Lawless
Re: Appeal in a Small Claims Court
Yes, who's going to testify if you're not there??
Answered on 5/29/07, 12:44 pm
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