Legal Question in Business Law in Maine

Re: Small Claim cout

Only in small claim Court will the Judge allow "heresay" evidence, an example of which may be the use of a document rather than a witness, particularly if it is a document that is kept in the ordinary course of business like an invoice, police report, etc and the preparer of the document submits an affidavit regarding its truthfulness. However, there is also the "best evidence rule" which would probably exclude an affidavit from a witness about what they saw, etc., as that should be actual testimony and subject to cross examination.

A witness in Court is always best to defend the document if possible. Without the witness the document may be allowed into evidence, but the Judge may not give the document its full weight without the witness.