What is the requirements of expert witness in small claim court?
Full Question:
Answer:
Small claims court is a legal court of law designed to resolve disputes involving relatively small amounts of money in an expeditious manner. Unlike other legal courts, small claims court does not operate by formal rules of evidence, and attorneys are not usually employed to plead such cases. Instead, plaintiffs and defendants appear before the court and present what evidence they have and their perspectives on the dispute. The court will notify plaintiffs of the date for their trials. Plaintiffs should request from the court clerk any available information that may help them with procedure (unless they have retained an attorney). Generally, plaintiffs are allowed to bring witnesses to testify in support of their claims. Some courts may accept affidavits (sworn statements) from persons who cannot appear in person; however, since the other side has no opportunity to "cross-examine" an absent witness, most courts will give only minor consideration to affidavits. The court makes a judgment based on the evidence presented.
At trial, an expert witness often needs to be qualified as an expert by presenting testimony regarding the expert's qualifications and background. However, in many instances the opposing party will stipulate to the expert's qualifications in order to save time at trial. The formal rules regarding discovery in the use of expert witnesses in Texas apply to district and county courts, and these rules are generally applicable to justice, or small claims courts. Small claims courts also have their own court rules, which vary by court. I suggest you contact the clerk of court at the local small claims court to obtain the applicable court rules.
The following is Texas Rule of Civil Procedure:
RULE 523. DISTRICT COURT RULES GOVERN
All rules governing the district and county courts shall also govern
the justice courts, insofar as they can be applied, except where
otherwise specifically provided by law or these rules.
195.2 Schedule for Designating Experts.
Unless otherwise ordered by the court, a party must
designate experts — that is, furnish information requested
under Rule 194.2(f) — by the later of the following two
dates: 30 days after the request is served, or —
(a) with regard to all experts testifying for a party
seeking affirmative relief, 90 days before the end of the
discovery period;
(b) with regard to all other experts, 60 days before
the end of the discovery period.
195.3 Scheduling Depositions.
(a) Experts for Party Seeking Affirmative Relief. A
party seeking affirmative relief must make an expert retained
by, employed by, or otherwise in the control of the party
available for deposition as follows:
(1) If no report furnished. If a report of the expert's
factual observations, tests, supporting data, calculations,
photographs, and opinions is not produced when the expert is
designated, then the party must make the expert available
for deposition reasonably promptly after the expert is
designated. If the deposition cannot — due to the actions of
the tendering party — reasonably be concluded more than 15
days before the deadline for designating other experts, that
deadline must be extended for other experts testifying on
the same subject.
(2) If report furnished. If a report of the expert's
factual observations, tests, supporting data,
calculations, photographs, and opinions is produced when
the expert is designated, then the party need not make
the expert available for deposition until reasonably
promptly after all other experts have been designated.
(b) Other Experts. A party not seeking affirmative
relief must make an expert retained by, employed by, or
otherwise in the control of the party available for
deposition reasonably promptly after the expert is
designated and the experts testifying on the same subject
for the party seeking affirmative relief have been deposed.
195.5 Court-Ordered Reports.
If the discoverable factual observations, tests,
supporting data, calculations, photographs, or opinions
of an expert have not been recorded and reduced to
tangible form, the court may order these matters reduced
to tangible form and produced in addition to the
deposition.
The following are TX statutes:
§ 28.013 GOV'T. Citation
(a) On filing the statement and payment of the filing fee, the judge or
clerk shall issue process in the manner provided for a case in justice
court.
(b) Citation is served by an officer of the state authorized to
serve other citations.
(c) Citation may be served in any manner authorized for service
of citation in a district court, county court, or justice court.
§ 28.033 GOV'T. Hearing
(a) If both parties appear, the judge shall proceed to hear the
case.
(b) Formal pleading other than the statement is not required.
(c) The judge shall hear the testimony of the parties and the witnesses
that the parties produce and shall consider the other evidence offered.
(d) The hearing is informal, with the sole objective being to dispense
speedy justice between the parties.
(e) Reasonable discovery in small claims court shall be permitted.
Discovery is limited that considered appropriate and permitted by the
judge.
§ 28.034 GOV'T. Duty of Judge to Develop Case
The judge shall develop the facts of the case, and for that purpose may
question a witness or party and may summon any party to appear as a
witness as the judge considers necessary to a correct judgment and speedy
disposition of the case.