The Hearing

What To Expect

A small claims hearing is informal by design. It takes place in a courtroom or a judge's private room, and most claims are heard in under an hour. The court can dispense with the strict rules of evidence that apply in higher tracks, and the judge often takes an active role, asking each party questions directly rather than leaving examination to the parties themselves. Most litigants represent themselves; a solicitor or lay representative is permitted but not required.

How To Prepare

The court gives at least 21 days' notice of the hearing date. Standard directions require each party to file and serve copies of every document they intend to rely on — including any expert's report — at least 14 days before the hearing. Bring three copies of each document to the hearing itself: one for the judge, one for the other party, one to work from.

Prepare a short, chronological account of events before the hearing. A claimant should be able to state the claim, the amount, and the basis for it in a few sentences before expanding into detail.

What The Judge Is Looking For

A judge weighs the account each party gives against the documents on file: invoices, contracts, correspondence, photographs, and any written agreement. Consistency between what is said and what is documented carries more weight than how confidently it is said. Litigants in person are the norm on this track, not the exception, and the hearing is conducted with that in mind.

Presenting Evidence

Because strict rules of evidence do not apply, hearsay and informal evidence can be admitted at the judge's discretion — a small claims hearing does not require the same evidential formality as a fast-track or multi-track trial. Witnesses may give evidence in person or the court may accept a written statement instead. Where the judge leads the questioning, a party's role is to answer clearly and refer the judge to the specific document that supports each point.