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Difference between revisions of "Small Claims Trial Preparation (20:XIII)"

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(updated rule on expert evidence at CRT. Added format requirements for affidavits and Exhibit evidence under "Documentary Evidence")
 
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{{REVIEWED LSLAP | date= September 8, 2023}}
{{REVIEWED LSLAP | date= June 24, 2023}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}


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If the claimant does not serve the estimate in time, they can ask the trial judge for permission to present it anyway at trial. The claimant may or may not get permission to do so. The other party may ask for a trial adjournment to obtain their own estimate or quote. If the adjournment is granted, the claimant could be penalized and ordered to pay the other party’s expenses.
If the claimant does not serve the estimate in time, they can ask the trial judge for permission to present it anyway at trial. The claimant may or may not get permission to do so. The other party may ask for a trial adjournment to obtain their own estimate or quote. If the adjournment is granted, the claimant could be penalized and ordered to pay the other party’s expenses.


2. Civil Resolution Tribunal
=== 2. Civil Resolution Tribunal ===


Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party (''Civil Resolution Tribunal Rules'' [CRTR], Rule 8.3(7)). Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, by the other deadline set by the case manager (''CRTR'', Rule 8.3(1)). In addition, the person providing it must provide their qualifications and it must be accepted by the tribunal as qualified by education, training, or experience to give that opinion (''CRTR'', Rule 8.3(2) and (3)).  
Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party (''Civil Resolution Tribunal Rules'' [CRTR], Rule 8.3(7)). Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, by the other deadline set by the case manager (''CRTR'', Rule 8.3(1)). In addition, the person providing it must provide their qualifications and it must be accepted by the tribunal as qualified by education, training, or experience to give that opinion (''CRTR'', Rule 8.3(2) and (3)).  
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