Q: Is cook county small claims court rules more relaxed or difficult
In small claims court in cook county are planiff's cases required to provide proof without a resonsable doubt or just prove its more likely to be true then not? I read there is no discovery allowed.So in a case with a business that refuses to communicate and without them having their staff in court Is what someone said to me that is on their staff that I documented admissible? What evidence and proof is admissible? How difficult is proving your case in sa prose mall claims case?
A: The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a subpoena on a witness to attend the trial. As long as you are able to lay the proper foundation, oral or written facts may be entered into evidence by the judge. Whether one would find the rules of evidence strictly enforced or relaxed in a small claims court in Illinois is dependent on who the judge is on how that judge runs trials. If I were you, I would be prepared for strict compliance with the rules of evidence. You should consult with an attorney in your area to discuss your case and the specifics of what evidence you want the court to consider.
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