Discovery

[Third Party]

Does discovery apply in small claims court? If so how would one go about seeking this information from a defendant.

Ohio

 

[I AM ALWAYS LIABLE]

Does discovery apply in small claims court? If so how would one go about seeking this information from a defendant.

Ohio

My response:

In the Ohio Small Claims court, there are no procedures for formalized Discovery, per se. But, you can ask the Clerk of the court for a Subpoena Duces Tecum, fill that out, and have it served on the opposing party at least 30 days prior to your court date. That Subpoena commands the opposing party to bring certain documents and things, that you have detailed, to court on the trial date.

When the two of you get to court, the Bailiff or the Judge will undoubtedly inform every litigant in the courtroom to go back outside in the hallway to exchange and/or view information (such as documents) and also try to settle their differences prior to court.

Ohio allows attorneys to represent clients in the courtroom, so be prepared to deal with an attorney in your case.

Good luck to you.

IAAL