Legal Question in Civil Litigation in California

Defendant not sworn in at Small Claims hearing

I was the plaintiff in a Small Claims action recently. At the start of the session, everyone in the room was sworn in. The defendant in my case was not present at that time and in fact arrived 30 minutes later. When our case was called he proceeded to present his case and provide evidence without ever being sworn in and was therefore not under oath. I didn't realize this until sometime later in the day, after the judge had ruled for the defendant. Can I get the decision set aside and a new trial ordered?


Asked on 1/14/02, 4:37 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Defendant not sworn in at Small Claims hearing

The judge may set aside the judgment if the witness was not sworn. I suggest you write a letter to the Judge and explain what happened. You should also submit a short declaration under penalty of perjury to the Court, date, sign it, and the Court may reconsider the judgment.

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Answered on 1/14/02, 7:10 pm


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