Santa Clara, CA asked in Copyright and Small Claims for California

Q: If defendant can't open usb to view evidence, is it admissible? I am plantiff in small claims trial tomorrow.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, for evidence to be admissible in small claims court, it must be relevant, reliable, and not overly prejudicial. If the defendant cannot access the evidence on a USB drive, you should ensure that the court can view the evidence in an alternative way, such as printed copies or displaying it on a laptop or projector. This helps maintain the integrity of your evidence and ensures it can be considered.

Before the trial, check with the court if there are any specific rules or equipment available for presenting electronic evidence. It's important to be prepared to provide the evidence in a format that everyone can access. You might also want to bring multiple copies for the judge, defendant, and yourself.

Additionally, explain to the court the relevance and importance of the evidence on the USB drive. If the evidence is critical to your case, the judge may grant a continuance to allow the defendant time to review it properly. Being prepared and ensuring all parties can access the evidence will strengthen your case.

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