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Small Claims Court "evidence"

Written by: Stacy Mandel Levine

Reputation Level 10

Evidence Lawsuits

Posted over 3 years ago. Applies to New York, 1 helpful vote, 0 comments

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Document your Claim

In any legal dispute, keep detailed records of conversations, phone calls, and best -- document by letters or emails. Keep copies of all correspondence to and from people and businesses in one folder or envelope or file.

Estimates and Paid Bills and other "evidence"

Most Small Claims jurisdictions will allow proof by 2 detailed estimates or a paid bill. Affidavits (signed statements) may or may be considered by the Court. Do not plan to solely rely on a written statement or "affidavit." Live in-person witnesses to your claim are the best evidence you can present. "Expert" witness testimony as to a situation is also best when possible

Photos, Video, Computer evidence

Bringing in photos or pictures, be sure you know who took the photo, when it was taken, and whether it is an accurate representation of the item. Video/DVD may be difficult to show in court - do not depend on the court having the technical availability to view a video or dvd,

Testimony in court

Bringing your witness(es) into Court with you is the best evidence. Again, an "expert" to testify to you claim would assist the court with any technical or situational issue the Court may not be familiar with.

Stay simple

Keep your case to the simplest of terms. The Court does not want to hear issues dating back years about the litigants. Get to the basic facts and tell your claim to the Court.

Stay calm

Be prepared to present the Court with your "story" about why you are suing and have your documentation with you. Do not forget to bring your documentation to Court. Tell the claim in your own words and most importantly, listen when the Court asks you questions and answer appropiately.