I've got a small claims court date coming up, and even though it should be straight forward, (women hit me from behind on the freeway w/o insurance or drivers license) my witness, a man in the car in front of me that I hit as a result of being hit from behind, is leaving town before the court date. All he would add to the case is testify that she made claims that she would pay for the damages and that it was indeed her fault. Can I bring in a signed letter from him instead? or what is the best way in this situation to have a straight forward case?
1 Answer from Attorneys
Technically it is inadmissible. However the judges in small claims routinely accept these types of evidence. To increase your chances of having it admitted get a declaration under penalty of perjury instead of a letter.
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