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Q re: documents in Small Claims Court

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lljnapa

Guest
As I'm preparing for my up-coming small claims court appearance(in CA), I'm beginning to wonder if I'm going to all the trouble of outlining and documenting my arguements to no avail.
In my only other small claims court experience 10 years ago I was required to provide the plaintiff with my full file of notes and photocopies, etc. before pleading my case. Was this right/legal? (Note that I was not given the plaintiff's file of notes, etc., so they certainly had an advantage over me.)
Am I not allowed to have my own notes for my own use during the hearing, without having to share them with "the other side"?
Thanks.....
 


I AM ALWAYS LIABLE

Senior Member
lljnapa said:
As I'm preparing for my up-coming small claims court appearance(in CA), I'm beginning to wonder if I'm going to all the trouble of outlining and documenting my arguements to no avail.
In my only other small claims court experience 10 years ago I was required to provide the plaintiff with my full file of notes and photocopies, etc. before pleading my case. Was this right/legal? (Note that I was not given the plaintiff's file of notes, etc., so they certainly had an advantage over me.)
Am I not allowed to have my own notes for my own use during the hearing, without having to share them with "the other side"?
Thanks.....
My response:

Your memory might be just a little fuzzy after 10 years; however, it is legal, and you're required to exchange "evidence" only - - e.g., pictures, contracts, estimates, and all other documents or things that you plan on submitting to the judge to prove your case. So, if you can, bring two copies of everything with you to court. Three, if you want to keep a set to refer to for yourself after you've given a set to the judge and the "other side".

You are not required to give your notes or other "battle plans" to the other side. That information is strictly privileged.

IAAL
 
L

lljnapa

Guest
Thanks for answering my question. At least I'll know better this time around.
I'm quite certain that last time as I was starting to plead my case the judge stopped me and had the bailiff go make photocopies of my complete file. It didn't seem right at the time, but I certainly didn't feel it would help my case to argue with the judge!
Thanks for your help, IAAL.
 

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