Your Day in Small Claims Court: What to Expect

The big moment has arrived. You're in the courtroom, all parties are present, and the clerk calls your case. What happens next?

First things first. Don't stress out. It'll all be over before you know it. Small claims hearings—like all court cases—follow a similar pattern. Yours will probably go something like this.

• First, the judge asks everyone's name and who they are (plaintiff, defendant, or witness).
• Second, the plaintiff presents their case.
• Third, the defendant responds to the plaintiff's claims.

Rarely does it take more than 20 to 30 minutes of court time. A few courts are so busy that they give each of the parties a fixed amount of time—5 or 10 minutes—and put them on a stopwatch so they don't run over. The time will seem to fly. Chances are it'll take you longer to drive to the courthouse than it does for the entire hearing.

We start with courtroom tips for both sides. Then we'll provide some suggestions for both the plaintiff and the defendant. We close by taking you through a sample case.

Courtroom Tips for Both Parties

Here are a few tips both parties should find helpful. Keep in mind that these are suggestions, not rules.

Get There Early

Get to court early so you can watch some cases before yours. You'll be much more comfortable when you know what to expect and can see how the judge handles cases. Better yet, go watch a day or two before your hearing, so you'll have more time to adjust your presentation if needed.

Stand When Speaking

Stand when you talk to the judge and when you make your presentation. It's a sign that you respect the court and understand the importance of the proceedings. More importantly, standing gives most people a sense of presence and confidence when they might be a little nervous.

Unless the judge is having a back-and-forth discussion with both of you at the same time, you should sit while your opponent is talking.

Start at the End of the Story

This seems to go against all rules of storytelling you've ever learned. But when you're in small claims court, start with the end of the story, not the beginning. That is, after a quick explanatory overview of the case, describe your losses and tell the court what money damages you're asking for. Then go back and tell your story chronologically.

This does two important things. First, you tell the court exactly what you're asking for so you don't have to worry about forgetting to mention it later. Second, it lets the judge know where you're headed.

Don't Read Your Presentation

Notes are fine. They can be a helpful reminder if you're nervous or forget a key point. But don't read your presentation—it's always a bore. And because the judge is likely to ask you some questions while you're talking, you might lose your place if you're just reading.

When the Judge Talks, You Stop

If the judge starts talking during your presentation (or at any other time while you're speaking), you stop. Immediately. Don't try to talk over the judge and, just as important, don't interrupt when the judge is talking. Regardless of your intent, it'll be taken as a sign of disrespect, and of disregard for courtroom decorum.

Don't Interrupt While Your Opponent Is Talking

The courtroom isn't a place for you to argue with your opponent. The judge will make sure you're not interrupted, and you'll be expected to return that courtesy when it's their turn to talk. You might find what they're saying to be outrageous or a lie. Don't give in to the temptation. You'll have a chance to respond.

Answer the Judge's Questions

The judge will probably ask questions during your presentation. Expect these interruptions and plan your presentation accordingly. Chances are the judge is asking about important elements of your claim or defense, or other key issues in the case. Never put the judge off by saying you'll answer a question later.

Answer directly and truthfully, and right away. When you can answer with a "yes" or "no," you should. Then ask the judge for permission to explain if you think it's necessary.

Show and Tell

There might be parts of your case that are hard to explain with words alone. Simply describing an accident scene or injuries you suffered, for example, can come off as dry and lifeless. Be ready to present other exhibits—photos, videos, diagrams, clothing, and the like. If you plan to offer videos, powerpoints, or other visual evidence, check in advance to make sure the court has the necessary technology, that it works, and that you know how to use it.

Have at least three copies of any photos or documents you plan to offer: One for the judge, one for your opponent, and one for you.

Don't Try to Act or Sound Like a Lawyer

You (probably) aren't a lawyer. Trying to act or sound like one won't earn you any points with the court, and it won't help your presentation, either. Just tell the judge your story like you were sitting across the breakfast table from one another. Be organized, precise, and to the point, and don't try to use fancy legal terms. Your witnesses, if you have any, should do the same.

Legal Research Might Help

If you've done some legal research and found a statute or case decision that you think helps your case, let the judge know about it during your presentation. Be prepared with a short written memo. The memo should have the case name and number at the top. Then briefly explain what the case or statute says and why you think it applies. Attach the memo to a copy of the case or statute. If the judge agrees to look at it, hand a copy to the court clerk and a copy to your opponent. Be sure to keep a copy for your file, too.

The Judge Wants to do the Right Thing

A judge who's convinced that one side is morally in the right will bend over backward to find a legal reason to rule in their favor. For example, if you lent a friend money in an emergency and they're trying to weasel out of repaying based on some legal technicality—maybe claiming the loan was really a gift—make sure the judge understands the trouble your opponent's bad act has caused you.

Practice Makes Perfect

You'll do your best job in court if you've practiced your presentation. Ask friends or family members to watch with a critical eye. If they don't understand something, chances are the judge won't, either. Encourage them to ask questions while you're presenting, to make the experience as realistic as possible. When you think you've practiced enough? Practice some more.

Suggestions for the Plaintiff

Your presentation isn't likely to take longer than 5 or 10 minutes. Here are the key parts.

The Introduction

Briefly and clearly tell the judge what the case is about before you start getting into details. Let's say, for example, that your case involves a car wreck that damaged your auto. You might start by saying:

"Your Honor, this case involves a car accident that happened on June 4, 2025 at Cedar and Rose Streets here in town. My car suffered $872 worth of damage when the defendant ran a red light and hit my right front fender. I'm asking the court to order the defendant to pay me $872 in repair costs, plus what it cost me to pursue this case."

Once your introduction is complete, move on to presenting your evidence and witnesses.

How to Offer Evidence

Be ready to present—and explain the relevance of—any papers, photos, or other documents or evidence you offer. Unlike regular court, you don't need to use any magic legal words in small claims court. Start with a quick explanation. For example:

• "Your Honor, I have a written estimate from MegaCity Chevrolet that explains the damages to my car and what the repairs cost."
• "Your Honor, I have three photos of the accident scene. I took these right after the wreck happened."
• "Your Honor, I have an email from Mr. Doe explaining what repairs he would make to my deck, and what he'd charge for them."

When you're done with the description, ask for permission to give the evidence to the court. The judge will almost certainly agree. Don't hand it to the judge directly unless you're told to do so. Instead, give it to the court clerk.

How to Handle Witnesses

Your witnesses normally will speak after you finish your presentation. They should be thoroughly prepared to present their testimony in a complete, organized, but brief way.

Don't expect to do any "Perry Mason" style questioning of your witnesses or cross-examination of your opponent's witnesses. The judge probably will ask most of the questions. When a witness leaves out an important point, ask the judge to let them explain. For example: "Your Honor, Ms. Peterson hasn't said anything about the color of the traffic light. Would you please ask her to cover that?"

The same goes if your opponent or one of their witnesses skirts an important issue. When it's your turn to speak, say something like, "Your Honor, the defendant hasn't said anything about how many beers he drank that night. Would you ask him to explain?"

Suggestions for the Defendant

If you're the defendant, you'll have a turn once the plaintiff is finished. Handle your evidence and witnesses in the same way we described for plaintiffs, above.

Here's one of the most common mistakes defendants make in court: They get so angry at something the plaintiff said that when they get to speak, they attack angrily. The judge won't find this helpful. In fact, it's usually counterproductive.

You'll score far more points by calmly and clearly presenting your side of the story. Start with the key points of contention and then fill in the details. If the plaintiff made false or misleading statements, be sure to point them out. Here's an example.