Do expert witness requirements apply in Texas small claims court?

Full question:

In medical malpractice suits, I know that an expert witness must be provided by the plaintiff with proper notification of his/her credentials within a certain time before trial. However, in small claims court in Texas, does this requirement pertain? In other words, I have filed a case in small claims court - does the requirement for hiring and presenting an expert witness exist in small claims courts?

• Category: Small Claims
• Date: 04/07/2025
• State: Texas

Answer:

Small claims court in Texas is designed to resolve disputes involving relatively small amounts of money quickly and informally. Unlike other courts, small claims courts do not follow strict rules of evidence, and legal representation is not typically required. Plaintiffs and defendants present their cases directly to the court.

While expert witnesses are often needed in more complex cases, in small claims court, the rules are less formal. Plaintiffs can bring witnesses to support their claims, and some courts may accept affidavits from absent witnesses, although these carry less weight since the opposing party cannot cross-examine them.

In Texas, the formal rules regarding expert witnesses primarily apply to district and county courts, but some of these rules may extend to small claims courts. Each small claims court may have its own specific rules, so it’s advisable to check with the local court clerk for guidance on expert witness requirements.

According to Texas Rule of Civil Procedure Rule 523, the rules governing district and county courts apply to justice courts, as long as they can be applied. This means that while there may not be a strict requirement for expert witnesses in small claims court, the court may still allow reasonable discovery and the presentation of expert testimony if deemed necessary.

For more detailed information, consult the court clerk at your local small claims court.