What to Expect at a Small Claims Court Hearing

What to bring: - Your court bundle (3 copies: one for you, one for the defendant, one for the judge) - A copy of all documents you have sent to court - Any documents the defendant has sent - A notebook and pen - Photo ID (in case of security checks)

The day before: - Check the hearing venue and plan your route - Prepare any notes you want to refer to - Lay out what you will wear - Get a good night's sleep

On the day: - Arrive at least 30 minutes early - Allow time for security screening - Find the waiting area for your courtroom - Report to the usher when you arrive

There is no strict dress code for small claims, but you should dress respectfully:

Appropriate: - Smart casual or business attire - Clean, neat clothing - Comfortable but presentable shoes

Avoid: - Jeans with holes - T-shirts with slogans - Flip-flops or very casual footwear - Hats (remove them in the courtroom) - Anything too casual or revealing

Why it matters: While judges will not decide against you for wearing jeans, dressing smartly shows you take the proceedings seriously and can help you feel more confident.

Small claims hearings are relatively informal:

The setting: - Usually in a small room, not a formal courtroom - You and the defendant sit at a table with the judge - No wigs or gowns - The atmosphere is businesslike but not intimidating

The process: 1. The judge introduces themselves and explains the process 2. The claimant (you, if you brought the claim) presents first 3. The defendant then presents their case 4. Both parties can ask questions of each other 5. The judge may ask questions 6. Both parties summarise their positions 7. The judge gives their decision (sometimes reserved for later)

Duration: Most small claims hearings last 30 minutes to 2 hours, depending on complexity.

Speaking to the judge: - Address them as "Sir", "Madam", or "Judge" - Stand when speaking (unless told otherwise) - Speak clearly and at a moderate pace - Face the judge, not the other party

Structure your presentation: 1. Briefly introduce yourself and your claim 2. Explain what happened in chronological order 3. Refer to your evidence ("As shown in document 3...") 4. Explain how you have been affected 5. State what you are asking for

Tips: - Stick to facts, not emotions - Be concise - judges appreciate brevity - If you do not understand something, ask - It is acceptable to refer to notes - Admit if you do not know something

The decision: - The judge often gives their decision on the day - Sometimes the decision is "reserved" and sent in writing later - You receive a formal order setting out the decision

If you win: - The defendant is ordered to pay you the amount awarded - They usually have 14 days to pay - If they do not pay, you can use enforcement methods - The court will send you a copy of the judgment

If you lose: - The claim is dismissed - You may be ordered to pay some of the defendant's costs (though small claims costs are limited) - You can appeal, but only on a point of law or serious procedural error

Either way: - You can request a transcript of the hearing (for a fee) - The judgment is a matter of public record