What Evidence to Bring, Witnesses, and Presentation Tips - California Law
The evidence you bring should directly support each element of your claim. Essential evidence typically includes:
Organize your evidence chronologically and create a summary document highlighting key points. Bring the originals plus three copies: one for you, one for the judge, and one for the defendant. Label each exhibit clearly and practice explaining how each piece supports your case.
To compel a witness to appear in California small claims court, you must obtain and serve a subpoena using Form SC-107 (Subpoena for Personal Appearance in Small Claims Case). File the subpoena request with the court clerk, who will issue the official subpoena. You must then arrange for service on the witness at least 10 days before the hearing if they are to testify in person.
The subpoena must be personally served by someone 18 or older who is not a party to the case. Along with the subpoena, you must tender the witness fee of $35 per day plus mileage at the current IRS rate (approximately 67 cents per mile). If the witness fails to appear after proper service, you can ask the court for a continuance. Choose witnesses who have firsthand knowledge of relevant facts rather than those who only know what you told them.
Yes, text messages and emails are admissible evidence in California small claims court and can be powerful proof of agreements, admissions, or communications. To use electronic communications effectively:
Courts generally accept printouts of electronic communications, but having the original device available can help if the defendant disputes authenticity. Organize messages chronologically and highlight the most relevant portions.
Photographs are valuable evidence in California small claims court, especially for property damage, injury, or condition disputes. Print your photos in color on quality paper, sized large enough for the judge to see details clearly (at least 5x7 inches). Include the date the photo was taken, either printed on the image or noted on the back.
Take multiple photos from different angles and distances. For damage claims, photograph the item before and after if possible, or compare to similar undamaged items. Include objects for scale reference when showing damage size. Create a photo log explaining what each image shows and when it was taken. Bring the original digital files on your phone or a USB drive in case questions arise about authenticity. Be prepared to testify about who took the photos, when, and under what circumstances.
Yes, witnesses who didn't observe the original incident can still provide valuable testimony about related matters. Character witnesses generally aren't useful in small claims court, but witnesses can testify about damages, your condition after an injury, repair work performed, or the defendant's statements. For example:
These witnesses provide expert or factual testimony that helps prove your damages even if they weren't present for the incident itself. When bringing such witnesses, prepare them to explain their qualifications and the basis for their knowledge.
Effective evidence organization can significantly impact your small claims case outcome. Create an evidence binder with tabbed sections for different types of evidence: contracts and agreements, correspondence, photographs, receipts and invoices, repair estimates, and witness information. Number each exhibit sequentially (Exhibit A, B, C, or 1, 2, 3) and create an index listing each exhibit with a brief description.
Prepare a one-page summary of your case highlighting key facts and the evidence supporting each point. Arrange documents chronologically within each section to tell your story clearly. Make three complete copies of everything: one for you, one for the judge, and one for the defendant. Practice presenting your evidence by going through each exhibit and explaining its relevance in under a minute. Having well-organized evidence demonstrates credibility and helps the judge follow your case more easily.
Business records, such as bank statements, company invoices, or official correspondence, can be admitted under the business records exception to the hearsay rule in California. To properly authenticate business records, you should ideally have a custodian of records from the business testify that the documents were made at or near the time of the events, kept in the regular course of business, and made by someone with knowledge of the information.
However, small claims court relaxes these requirements significantly. You can often authenticate records by providing a declaration (Form MC-030) from the business custodian, or by subpoenaing the records directly using Form SC-107. For your own business records, you can testify about your record-keeping practices. Bank statements, phone records, and similar documents from established institutions are generally accepted with minimal foundation. When presenting business records, explain what the document is, where it came from, and why it's relevant.
California small claims court has limited formal discovery rules, but there are practical considerations for evidence disclosure. You are not legally required to share your evidence with the defendant before the hearing, and there is no formal discovery process like depositions or interrogatories in small claims court. However, the defendant can request a continuance if surprised by evidence at trial, which may delay your case.
Some judges encourage or require parties to exchange evidence before the hearing, particularly in complex cases. Strategically, sharing evidence beforehand can encourage settlement, demonstrate the strength of your case, and prevent trial delays. If you plan to use surprise evidence, be aware the defendant may claim they need time to respond, potentially resulting in a continuance. For demand letters, contracts, or other documents the defendant should already have, bring copies but expect no tactical advantage.
Proving damages requires documentation connecting your claimed losses to the defendant's actions. For property damage, obtain written repair estimates from licensed contractors or mechanics (at least two if possible), receipts for repairs already completed, photos of damage before and after, and proof of the item's value through purchase receipts or comparable sales.
For personal injury, bring medical bills and records, documentation of lost wages from your employer, photos of visible injuries, and testimony about pain and daily life impact. For breach of contract, show what you were promised, what you received, and the monetary difference. For out-of-pocket losses, keep all receipts. Calculate your total damages clearly and be prepared to explain each component. Judges appreciate specificity over vague claims. Under California law, you must prove damages with reasonable certainty; speculative damages won't be awarded.
If a witness cannot attend your California small claims hearing in person, you have several options. First, you can obtain a written declaration from the witness using Form MC-030 (Declaration). The witness should describe what they observed, when and where, and sign under penalty of perjury. While declarations carry less weight than live testimony because the defendant cannot cross-examine the witness, they are admissible in small claims court.
Second, some courts allow telephone testimony with advance arrangements; contact your court clerk to ask about this option. Third, you can request a continuance if the witness will be available at a later date due to temporary circumstances like travel or illness. Fourth, if the witness is permanently unavailable, explain this to the judge and present the declaration along with any corroborating evidence. When relying on declarations, make them as detailed and specific as possible, addressing key facts the witness can verify.
Generate a professional, legally-compliant demand letter in minutes.
Create Your Letter