Legal Question in Civil Litigation in Oregon

Small Claims Court Evidence

I have been asked to appear in a small claims court as a witness for the defendant. I have no problem with being a witness but would like to do it in a written statement so I don't have to be away from my job as well as the lose of pay. Because the court is not in our county, the time lost on the job could be over three hours for a 15 minute hearing. Will small claims court accept a written statement? The court is in Polk county, we live in Marion county, and the dispute was in Marion county. I have heard that the plantiff has requested to appear by phone because she has moved out of state, could I appear by phone? Any suggestions would be appreciated


Asked on 10/16/00, 11:02 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Small Claims Court Evidence

Generally it is not possible to appear by use of a written statement because that does not allow the other side an opprotunity to cross examine your testimony.

The ability to testify by telephone will depend on the technological capabilities of the court. I would suggest that you or the defendant contact the court to determine whether telephone testimony will be possible.

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Answered on 11/22/00, 1:07 pm


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