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NSW Exchange of Evidence Between Parties - Different in Small Claims Court?

Discussion in 'Other/General Law Forum' started by TKC, 12 January 2016.

  1. TKC

    TKC Well-Known Member

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    Small Claims Court (SCC).

    Motor Vehicle Liability + Quantum Matter.

    A pre-trial review concluded without the defendant furnishing the plaintiff the evidence he will rely upon at trial.

    Are procedures different in the SCC with respect of the exchange of evidence between the parties? My understanding is that if the defendant has evidence which will make negotiated terms for settlement through conciliation likely, the defendant is compelled by law to provide such evidence to the plaintiff.
     
  2. Victoria S

    Victoria S Well-Known Member

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    The purpose of small claims court is to conduct proceedings with as little formality and technicality as the matter permits. The rules of evidence do not apply and there is a presumption against the cross-examination of witnesses, however i would have thought that something like not disclosing evidence prior to trial would not come within those "rules of evidence" as it has the potential to unfairly disadvantage the other party.
     

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