The evidence you bring determines whether you win or lose—here's how to prepare
Evidence Wins Cases
Small claims court is informal, but the judge still needs evidence to rule in your favor. The party with better organized, more persuasive documentation almost always wins.
I've watched clients lose cases they should have won because they showed up unprepared. Don't let that be you. This guide covers exactly what to bring and how to present it.
Presentation matters. Judges appreciate organized plaintiffs who respect the court's time.
The Exhibit Binder Method
Create an exhibit list numbering each document
Make three copies of everything (you, defendant, judge)
Put in a binder with tabs for each exhibit
Number pages if documents are multi-page
Highlight key passages the judge needs to see
Sample Exhibit List
Exhibit 1: Signed Service Agreement (3 pages)
Exhibit 2: Invoice #4521 dated 03/15/2024
Exhibit 3: Email correspondence (7 pages)
Exhibit 4: Photos of completed work (5 images)
Exhibit 5: Demand letter dated 05/01/2024
Exhibit 6: Payment history from QuickBooks
Pro Tip: Create a one-page summary at the front of your binder. Include: parties, amount sought, what happened, and which exhibits prove each point. Judges love this.
Do's and Don'ts of Evidence Presentation
DO
Bring originals when possible
Make copies for all parties
Organize chronologically or by topic
Highlight relevant sections
Be ready to explain each document
Keep evidence relevant to the claim
Practice explaining your evidence
DON'T
Bring boxes of unsorted papers
Include irrelevant documents
Assume the judge will read everything
Bring evidence you can't explain
Forget copies for opponent
Bring illegible or tiny prints
Present emotional arguments without proof
Photos and Digital Evidence
Best Practices for Photos
Print them out - Don't rely on showing your phone
Include context - Wide shot showing location, plus close-ups
Date stamp - Include date taken if possible
Compare - Before/after photos are powerful
Size matters - Print large enough to see clearly (5x7 minimum)
Text Messages and Emails
Print full conversation threads
Include headers showing sender, recipient, date
Don't edit or cherry-pick (opposing party may have full version)
Highlight the specific messages that matter
Authentication: Be prepared to testify that photos/messages are authentic. "I took this photo on [date]" or "This is a printout of the text messages from my phone" is usually sufficient in small claims.
Using Witnesses
Live Witnesses
The best option when possible:
They can answer questions from the judge
More credible than written statements
Can clarify or expand on points
Written Declarations
If a witness cannot attend, get a written statement:
Must be signed under penalty of perjury
Should include witness's full name and contact info
State specifically what they observed
Include the date they're signing
Declaration Format
"I, [Full Name], declare under penalty of perjury under the laws of the State of California that the following is true and correct:
[Statement of what they witnessed]
Executed on [Date] at [City], California.
[Signature]"
Note: Written declarations carry less weight than live testimony. Judges may discount them because the witness can't be questioned. Use live witnesses when the testimony is critical.
Evidence Rules in Small Claims
Small claims court relaxes some formal evidence rules, but not completely:
What's Generally Allowed
Hearsay is more freely admitted (but carries less weight)
Copies are usually accepted
Foundation requirements are relaxed
Judges are flexible about format
What Can Still Be Excluded
Privileged communications (attorney-client, etc.)
Irrelevant information
Evidence obtained illegally
Speculation without foundation
Reality Check: Judges in small claims want to reach the right result. If your evidence is helpful and relevant, it will usually be considered. Focus less on technical rules and more on clearly proving your case.
Subpoenas: Getting Evidence You Don't Have
If someone has evidence you need and won't give it voluntarily, you can subpoena it:
Form SC-107: Small Claims Subpoena
Use for documents (bank records, business records)
Use to compel witness attendance
Must be served 10+ days before hearing
You pay witness/mileage fees
When to Use Subpoenas
Bank records showing payments
Business records of defendant
Phone records
Reluctant witnesses
Plan Ahead: Subpoenas require time to process and serve. Don't wait until the last minute. Get them out at least 2-3 weeks before your hearing.
Want Help Preparing Your Evidence?
A strong evidence package can be the difference between winning and losing. I can help you identify what evidence you need, organize it effectively, and prepare your presentation strategy.