Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?
The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in Replevin be two separate one-page documents filed at the same time in Small Claims? Which one would go first?
A: The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the judge can order that it be returned to you prior to the trial. Also, keep in mind that if you offer it in evidence, it will be kept until the time for appeal has passed.
Charles M. Baron agrees with this answer
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