Upper Marlboro, MD asked in Civil Litigation for Maryland

Q: In small claim court must a defendant provide the plaintiff copies of his evidence. If all evidence submitted to court

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: It is generally good practice to come to court equipped with copies for all parties, and to keep a copy for yourself; however, a judge is not going to refuse the admission of relevant evidence solely on the ground there are no copies for the other side. However, before the evidence may be accepted and reviewed by the judge, the other party has the right to review the evidence in order to know what it is and to make any objection regarding its admissibility. In Small Claims Court, the Rules of Evidence do not apply, so most objections are not going to be upheld. That does not mean a judge will give weight or consideration to evidence that otherwise would be incompetent or unreliable, it simply means the judge can look at it and make his/her own determination what weight to give it. Once submitted by a party, and accepted into evidence by the judge, any other party may ask to see or use the other party's exhibits when it is their turn to present their case. Both sides can then present argument to the judge as to why the exhibits should or should not support any claim in the case.

Leonard A Englander agrees with this answer

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