How to Prepare Evidence for Small Claims Court

Have all supporting documents available and ready for your small claims hearing.

Small claims lawsuits allow litigants to resolve financial disputes by presenting their cases and supporting evidence to the judge, who then issues a judgment based on the available facts. The plaintiff bears the burden of proof and must convince the judge by a preponderance of evidence that the other party is liable for the monetary damage. The plaintiff must also provide documentation that supports the value of the judgment being sought. Any supporting evidence should be well-organized and available for presentation at the time of the hearing, as this is the only opportunity both parties will have to plead their cases.

Things You'll Need

• Legal documents including letters, checks, photos
• Binder
• Pen and paper

Instructions

1. Gather copies of documents that are applicable to your case, including a lease, contract, invoice or warranty. Collect receipts from payments made to the other party or receipts from the original purchase of an item for which value must be proven.

2. Request a copy of a cancelled check from your bank as proof of payment. Cancelled checks with a note written on the memo line may be helpful to your case.

3. Obtain a copy of your credit card or bank statement that displays a charge or withdrawal for the amount of the transaction in question, if no receipt or cancelled check is available.

4. Take photographs of damaged property or injury for which the defendant is liable. Locate any pictures you have that indicate the condition of the property prior to the damage.

5. Acquire written estimates detailing the property damage and the costs for repair or replacement. Be sure to get several estimates from different sources as the judge will grant what he deems reasonable repair costs.

6. Request a copy of a police report from the local police department if the situation was reported to the police.

7. Gather any correspondence between you and the defendant, such as emails or letters, as well as voicemail or text messages. Obtain phone records that indicate attempted contact with the defendant.

8. Have any witnesses who are not able to appear at the hearing write a detailed statement of the incident, containing the date and signature of the witness, declaring the truth and accuracy of the statement under the penalty of perjury.

9. Subpoena witnesses who are unwilling or unable to appear in court, or documents in support of your case, by submitting a completed subpoena form to the clerk of court. Serve the subpoena on the appropriate parties and submit proof of service to the clerk, as required by local court rules.

10. Make copies of each of the original supporting documents to provide to the court and the defendant.

11. Arrange all of your evidence in chronological order to correspond with the facts of your case as you will relay them to the judge. Black out all but the last four digits of social security or account numbers displayed on the evidentiary documents.

12. Create an outline of your case and label the original documents accordingly for easy access during your testimony.

Tips & Warnings

• Litigants may not have legal representation during the hearing, but may benefit from consulting an attorney before appearing in court, depending on the complexity of the case.

• You should always go to the court office and get as much information as possible ahead of time on how to present yourself for trial. Don't rely on someone else's experience. If you need help, get legal advice.

References

• California Department of Consumer Affairs: Plaintiffs and Defendants...Making the Best of Your Day in Court
• Nolo Law for All: Presenting Your Testimony and Evidence in Small Claims Court
• New Jersey Courts: Small Claims
• Perry County Court: Guide to Small Claims Court
• California Courts: Small Claims: Subpoena a Witness