Witnesses, Subpoenas, and Other Evidence
In small claims court, there is no pre-trial discovery, meaning you cannot obtain documents or statements from the defendant’s witnesses prior to the trial date. You must come to your trial prepared with all of your documents, photographs, recordings, and witnesses.
Witnesses
Any witnesses with personal knowledge who could help you prove the facts of your case should be brought with you to your trial date. Although written statements of witnesses may be accepted, they are not as effective as having a witness come to court and testify in person, because the magistrate needs to be able to judge a witness’ credibility. Testimony of an expert witness, or someone with specialized knowledge or experience, may also be helpful in proving your case. Examples of potential expert witness are auto mechanics, real estate managers, appraisers, doctors, and contractors.
Subpoenas
If a witness will not voluntarily come to court with you or if you need documents or other items that another person has, you may want to fill out a Subpoena and have it served on the witness. A Subpoena to Appear only requires the witness to appear and give his or her testimony at the trial. A Subpoena to Appear and Produce requires the witness to appear and produce any materials you list on the subpoena. If you would like the witness to bring something with them to court, it is important that you are as specific as possible in listing exactly what you want from him or her. Any Subpoena will need to be issued (stamped and signed) by the court, and you will have to have it personally served on the witness at least 48 hours before the trial date. A mileage check must usually be served on the witness along with the subpoena. Read Colorado County Court Rule of Civil Procedure, Rule 345 for more information on issuing subpoenas, Colorado County Court Rule of Civil Procedure, Rule 304 on personal service, and Colorado Revised Statutes §13-33-103 on mileage checks (see below links to rules and laws).
Other Evidence
Besides witness testimony, you may submit any documents, recordings, photographs, or items as exhibits to the court. Emails, text messages, and photos should be printed in hard copy so the court can keep them. If you would like to use a video recording, you must bring the equipment to play the video and submit a copy of it to the court. Summaries and calculations of damages are very helpful. You should bring at least three copies of each exhibit, one for you, one for the defendant, and one for the court. It is often helpful to have a fourth copy for witnesses to look at as they are testifying. It is recommended that you organize and number or letter your exhibits before coming to court.
Examples of Evidence for Specific Case Types
- Auto Sales: a bill of sale or other agreement, receipts or canceled checks showing payments, evidence of the transfer of title, any repair bills or estimates, photos of the vehicle
- Dishonored Checks: a legal copy of the check itself, any record of bank charges, any notice that was sent stating that the check that was dishonored
- Landlord Tenant / Security Deposit: the lease, move-in or move-out forms, a written demand for return of the security deposit, any security deposit accounting, bills or receipts to repair damages, utility bills, photos of the property
- Auto Repair: written estimates, invoices, work orders and waivers, consent forms
- Auto Accidents: witness testimony (including experts), diagrams, photos of the vehicle and accident scene, estimates, repair bills, auto rental receipts, insurance policies, Blue Book information, medical records and bills
- Wage Claims: written demand for payment, employment contract, wage statements, termination notices, employer policies, letters or emails
- Lost or Damaged Property: sales receipts, invoices, evidence of replacement cost or value
- Agreement for Goods or Services: agreement or contract, invoices, letters or emails
Links to Form, Rules and Laws
Small Claims Subpoena or Subpoena to Produce (JDF 254)
Rules on Issuing Subpoenas
Colorado County Court Rule of Civil Procedure, Rule 345.
Rules on Personal Service
Colorado County Court Rule of Civil Procedure, Rule 304.
Rules on Mileage Checks
Colorado Revised Statutes § 13-33-103.
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