Legal Question in Civil Litigation in California
small claims lasws
in the state of california small claims courts, does
the witness have to be there. can a letter be
submitted. what can they submitt, but do not have to
show up and not be heresay. I want it to hold
2 Answers from Attorneys
Re: small claims lasws
If you have a witness who wishes to present testimony at a court hearing they must be present. Written testimony from a witness is not acceptable except in some cases and only if the person is dead. The reason for this is the opposing party cannot cross examine a letter only a real person. The law states that a party has the right to question witnesses who present evidence at a court hearing.
Re: small claims lasws
Usually the witness needs to be present. However certain small claims courts may allow a signed report that is a business record, like a medical report or certain other official documents. To be on the safe side you should bring your witness to the hearing and offer live testimony.
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