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Difference between revisions of "Small Claims Trial Preparation (20:XIII)"
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Small Claims Trial Preparation (20:XIII) (view source)
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| '''Tab | | '''Tab 1:''' || Opening Statement: a brief summary of the issues in the case. | ||
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| '''Tab 2:''' || Pleadings: all filed documents in chronological order with a list or index. | | '''Tab 2:''' || Pleadings: all filed documents in chronological order with a list or index. | ||
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An exception to the “in-person” rule for expert witnesses is permitted for estimates and quotes. A party may bring a written estimate for the repair of damage or a written estimate of the property value and present it as evidence at trial without calling the person who gave the estimate or quote. Parties should obtain more than one estimate or quote, especially if the sum of money involved is large. Estimates of repairs or value of the property are not considered to be expert evidence (''SCR'', Rule 10(8)) but must be served on all other parties at least 14 days before trial. | An exception to the “in-person” rule for expert witnesses is permitted for estimates and quotes. A party may bring a written estimate for the repair of damage or a written estimate of the property value and present it as evidence at trial without calling the person who gave the estimate or quote. Parties should obtain more than one estimate or quote, especially if the sum of money involved is large. Estimates of repairs or value of the property are not considered to be expert evidence (''SCR'', Rule 10(8)) but must be served on all other parties at least 14 days before trial. | ||
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 | 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 | ||
