i live in wisconsin and i was wondering if you are set to go to trial in small claims court. you were in a car accident and there was a bystander-a family member that is a witness. can you use that person in court?
i was also wondering if you can have an attorney in small claims court?
is the judge required/suppose to ask you if want to be represented by an attorney in small claims court?
Answer by Terri M
Regarding attorney - NO.
Witness is related? You can call one as a witness but the court will recognize that a family member might lie to protect you. An objective witness will have more credibility.
Answer by rickinnocal
Yes, a family member can give testimony in small claims court. The fact the he IS family might make the judge slightly less willing to take his testimony as true than if he was a stranger with no 'axe to grind'.
Wisconsin does allow lawyers in small claims court - but lawyers fees are not recoverable, so whatever you have to pay your lawyer will come out of whatever you win. (and if you don't win, you still have to pay him anyway)
No, the judge will not usually ask you if you are going to use a lawyer, because if you are, you should show up with him.
You can't arrive in court and then ask the judge to continue the case until you hire a lawyer, because you're supposed to do that before trial.
Richard
Answer by Thomas T
Sure a family member can be a witness. The judge may discount that person's credibility due to possible bias. You can probably have an attorney at small claims but it depends on the local rules of your jurisdiction. Call the Court and ask. No judge will ask if you want to be represented by an attorney in small claims. You have no right to an attorney unless you are charged with a criminal offense for which you risk incarceration or if your parental rights are threatened.
Answer by Windy
Yes you can have a family member as a witness. They have to be truthful so the judge believes them. You can have lawyer but in small claims court you don't need one and most people don't use one. The judge won't ask you if you want one. You only get one shot to present your case. In small claims, there is no trial. You and the defendant both present the facts that you have to the judge. If you have any kind of info, paper, witnesses, receipts, anything, bring a copy. It's very important when you state your case.
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