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defendant request for evidence

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bukkybu

Junior Member
Missouri

We are the defendant's in a small claims case. The petition we received indicates that the plaintiffs have photographs of alleged damage that was caused due to our negligence as well as bids for the damage. The petition is also not clear as to what the actual damage is and on what date it allegedly occurred. Can we request copies of the photographic evidence and bids prior to the court date as well as clarification regarding the timing and nature of the alleged incident? If so, how do we go about that? Is a certified letter sufficient?
 


dcatz

Senior Member
Ask your court if pre-trial discovery is permitted in Small Claims (it isn’t in every state). If it is in yours, use that formal method (probably a subpoena duces tecum, and the clerk may have a form).

If it isn’t and you are concerned that you’ll be prejudiced by evidence that you first see on the day of trial, send a certified informal request. If it’s ignored and you are put to a disadvantage, show the court that you made an effort and ask for a continuance to obtain rebuttal evidence. Explain that any proceeding is inequitable, if you are not permitted to know and refute the claim against you.

My question would be whether this comes as a complete surprise? If you just want a little more detail or a chance to get a lower estimate, your request may be denied in Small Claims. If you have an absolute defense if the facts are one thing or another and are not given the opportunity to establish that defense without discovery and/or time, I expect you to get your continuance.
 

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