My response:
First, you need to understand something about this site. We are, for a small part, attorneys. As attorneys, we're not usually found in Small Claims courts and, as such, sometimes the rules need to be researched. Simply stated, we're not "used" to practicing in Small Claims court - - at least, I'm not.
But, like most attorneys who are unsophisticated with small claims, and because small claims courts are designed for unsophisticated litigants with no knowledge of the rules of evidence, relevant hearsay evidence is admissible . . . subject only to the law of privileges and to Ca Evid § 352 (discretionary exclusion where evidentiary burdens outweigh benefits). [Houghtaling v. Sup.Ct. (Rossi) (1993) 17 Cal.App.4th 1128, 1139, 21 Cal.Rptr.2d 855, 861--affidavit by out-of-state witness admissible in small claims hearing]
Because small claims proceedings are conducted "informally" (see Ca Civ Pro § 116.110 et seq.), the hearsay rule does not apply in actions brought in small claims court (or on a superior court trial de novo). [Houghtaling v. Sup.Ct. (Rossi) (1993) 17 Cal.App.4th 1128, 1139, 21 Cal.Rptr.2d 855, 861--court erred in refusing to consider out-of-state witness' affidavit]
So, yes, and despite the fact that the above is California law, your affidavit "should" be accepted by the court because I can't imagine that the laws of Small Claims would be THAT dramatically different from one State to the next. Remember, Small Claims is the "People's Court."
IAAL
