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Small claims judgment based entirely on hearsay did not violate due process

In a small claim collections case, plaintiff succeeded at trial even though it only submitted an unsworn letter from the creditor dentist. The defendant argued that this violated due process since he was not able to cross-examine the doctor. The Court of Appeals disagreed reasoning that the defendant could have issued a subpoena to ensure the doctor’s appearance at trial. This made the distinguishable from other cases where small claims courts wrongfully disallowed cross-examination of testifying witnesses.

www.in.gov/judiciary/opinions/pdf/03111401rrp.pdf.

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