affidavit in small claims

What is the name of your state? NH

On top of evidence which I already have, is it possible to submit written and signed witness statements from other who are out of state?

In other words..I want to include these people's statements in some way during the trial, even if I can't use them as "Evidence"....but perhaps just to simply attest to my character or vouch for the situation? Does that have any bearing at all?

Thanks

kickaudio said:

What is the name of your state? NH

On top of evidence which I already have, is it possible to submit written and signed witness statements from other who are out of state?

In other words..I want to include these people's statements in some way during the trial, even if I can't use them as "Evidence"....but perhaps just to simply attest to my character or vouch for the situation? Does that have any bearing at all?

Thanks

Click to expand...

I don't know. But you can do certainly do it in California.

You may even be able to have the Judge call your witnesses on the phone.

New Hampshire has very liberal rules of evidence in Small Claims Court. District Court Rules for Small Claims state:

4.11. When a hearing is scheduled, both parties should appear at the proper time. They should bring any papers or documents which they have which might have something to do with the case. They should bring any witnesses they might have who can help with their case. The witness should know the exact date and time of the trial in order to be there on time.

Make sure any affidavit is notarized. You shouldn't have any problem in introducing it to the Court, and it will be in the record if you have need to appeal.

I don't know. But you can do certainly do it in California.

Actually, you really can’t, but an explanation depends on an understanding of SC Court and, while the comment pertains to CA, my reading of the NH statute suggests that the explanation may be equally relevant to that state (‘tho I will defer to its knowledgeable citizens with personal bench experience to the contrary).

Three preliminary points: First, “informal” or “liberal” evidentiary rules in SC doesn’t mean that rules of evidence are ignored; it means that operation of SC virtually requires that rules for admission of evidence be “bent” or be flexible. Second, inadmissible evidence may be presented to the bench officer; that does not mean that it is considered in making a ruling. Third, CA does not permit attorneys in SC; NH does.

Scenario in CA SC’s: Litigant holds up a piece of paper and says “I’d like the court to see this”. Fine, it’s taken and read. It’s clearly inadmissible evidence under the Rules of Evidence for any of a dozen reasons, but the bench officer can’t spend the calendar playing advocate for one side or the other and, anyway, you can't "unring the bell". In this case, it’s an affidavit attesting to material facts, but the affiant is not there to be cross-examined by the adverse party. It would never get in a higher court over an attorney’s objection, but there is no attorney and the other litigant doesn’t know better. The bench officer thanks the litigant, moves on with the proceeding and doesn’t consider the affidavit when making a ruling. The bench officer must self-censor.

Exception: In CA, most bench officers admit accident reports prepared by law enforcement officers, because they often contain more useful factual information than even the litigants can provide (re: admissibility see Good Riddance to Bad Laws, 5 Cal. Lawyer 69 (1985) but also see Cal. Veh. Code sect. 20013 (no accident report may be used as evidence in any trial)).

Now look at NH, where attorneys are allowed and presumably can object. The quoted portion of the statute says [litigants] “should bring any witnesses they might have who can help with their case.” Assume an affidavit that says “X wasn’t liable because . . . . I saw it but have a doctor’s appointment today and can’t come to court”. If I’m the attorney for Y, I’m surely going to object, whether it’s notarized or written in blood. If Y doesn’t have an attorney but disputes the statement, am I, as the bench officer, going to give the affidavit probative value or just say “thank you"? Personally, I don’t know, but I hope that NH and no other state is so “liberal” as to give it weight, because I don’t think the Rules of Evidence mean very much in any state that will.

I agree with dcatz to a point; however, my own experience has been that the Court will look at and consider almost anything presented in NH Small Claims Court.

Although the other side had a lawyer, and didn't object, I was able to present affidavits on costs to contractors, etc. The judge has wide discretion, and maybe didn't actually consider what I presented, but I did recover the amount claimed.

I would say, if the testimony is vital to your case, then have the witness appear. If not so vital, or too costly, then get an affidavit and submit it as evidence and hope it influences the outcome.

I think the key in the law is; "any papers or documents which they have which might have something to do with the case." That doesn't seem to preclude anything.