Tx small claims ?

What is the name of your state? Texas

Are handwritten notorized statements by expert witnesses admissable in small claims court? Can the other side object to them? I have an expert witness who agreed to give me a statement for a small claims case saying that a transmission shop ripped me off. He also gave me the old parts to corroborate his statement. Unfortunately, he cannot be there for court. Will the statement hold up?

ual767driver said:

What is the name of your state? Texas

Are handwritten notorized statements by expert witnesses admissable in small claims court? Can the other side object to them? I have an expert witness who agreed to give me a statement for a small claims case saying that a transmission shop ripped me off. He also gave me the old parts to corroborate his statement. Unfortunately, he cannot be there for court. Will the statement hold up?

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My response:

Nope! It's no good.

IAAL

Is there any way to have his testimony admitted without him actually having to physically be in court?

Thanks

ual767driver said:

Is there any way to have his testimony admitted without him actually having to physically be in court?

Thanks

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My response:

Yes, by closed circuit television where he can testify from his shop and been seen in court, and still take the oath, and discuss his credentials with the court, and be asked questions by opposing counsel.

Other than that, then he must personally appear in court.

IAAL

It sounds like I have no case even though the facts are on my side. If I drop the suit, can I be made to pay for the defendant's legal costs up to this point?


Thanks

ual767driver said:

It sounds like I have no case even though the facts are on my side. If I drop the suit, can I be made to pay for the defendant's legal costs up to this point?


Thanks

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My response:

Sure you do!

All you have to do is have the mechanic served with a Subpoena to Appear at trial! Then, AFTER it's served on him, and when he calls you, just explain that you had no choice but to have him served.

You can also tell him that, at least, you'll be paying for his appearance and mileage. That's at least something.

IAAL

My witness lives and works 200 miles from here. The reason we had to get the car repaired so far away is because it broke down there. When I asked the court about having him served, they told me because he was out of their jurisdiction, they could not force him to appear. Are you saying that I could force him to show up?

Thanks

"When I asked the court about having him served, they told me because he was out of their jurisdiction, they could not force him to appear."
*** Simply, that is not correct. A subpoena issued by a court in Texas covers the entire state.
Texas Rules of Civil Procedure:
"176.5 Service.
(a) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older"

However, there is a problem in that the party is 200 miles away.

Texas Rules of Civil Procedure:
"176.3 Limitations.
(a) Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served."

You can still have him served with the subpoena, but he could file a motion to quash based on the distance and/or hardship.