What to expect, how to present your case, and strategies for success
The Day That Matters Most
Your hearing is typically 15-20 minutes. In that short window, you need to tell your story, present your evidence, and convince the judge you deserve to win. Most people are nervous—that's normal.
I've watched hundreds of small claims hearings. The plaintiffs who win are prepared, organized, and stick to the facts. This guide shows you exactly how to do that.
Before You Leave: Day-of Checklist
Evidence binder with 3 copies (you, defendant, judge)
Your copy of the filed claim
Proof of service (filed, but bring a copy)
Photo ID
Witness(es) if using live testimony
Notes or outline of your presentation
Calculator for any numbers discussion
Pen and paper for notes during hearing
Arrive Early: Plan to arrive 30 minutes before your hearing time. This gives you time to find parking, locate your courtroom, and calm your nerves.
What Happens at the Courthouse
Check In
Go through security screening. Find your courtroom (usually posted on a board or screen in the lobby).
Wait in the Hallway or Courtroom
Arrive before your scheduled time. Cases are often called in order of arrival or scheduled time. The bailiff or clerk will let you know when to enter.
Calendar Call
The judge or clerk calls the calendar—a list of all cases scheduled. When your case is called, answer "Ready" or "Present."
Mediation Offer (Some Courts)
Many courts offer free mediation before the hearing. This is optional. If you settle, you avoid the uncertainty of a judge's decision.
Your Case Is Called
Step up to the table or podium. The judge will swear you in and explain the procedure.
The Hearing: Step by Step
1. Plaintiff Presents First
You have 5-10 minutes to tell your story. Explain what happened, what you're owed, and show your evidence.
2. Judge May Ask Questions
The judge will interrupt to clarify points. Answer directly and honestly.
3. Defendant Responds
The defendant tells their side. Listen carefully—don't interrupt.
4. Plaintiff Rebuttal
You may get a chance to respond to defendant's points. Keep it brief and factual.
5. Witnesses (If Any)
Each party may call witnesses. The judge may question them directly.
6. Decision
The judge may rule from the bench immediately, or "take the matter under submission" and mail the decision within a few days.
How to Present Your Case
Opening Statement
Start with a brief summary that tells the judge exactly what this case is about:
Sample Opening
"Your Honor, this is a contract dispute. I hired the defendant to paint my house for $3,500. I paid a $1,750 deposit. The defendant started work but never finished, leaving my house partially painted. I'm asking for my deposit back plus $800 I had to pay another painter to complete the work—a total of $2,550."
Present Evidence Systematically
Tell the story in order (what happened first, then what)
When you mention a document, hand all copies to the clerk
Say: "I'd like to show the court Exhibit 1, which is the signed contract"
Explain what each exhibit proves
Stick to facts—avoid editorializing
The Magic Formula: For each point you make: (1) state what happened, (2) show the evidence, (3) explain what it proves. "The defendant agreed to finish by June 1st (Exhibit 1, paragraph 3). On June 15th, the work still wasn't done (Exhibit 4, photos). This breached our contract."
Answering the Judge's Questions
Effective Answers
Listen carefully - Make sure you understand the question
Answer directly - Yes, no, or the specific information asked
Then explain if needed - Brief context after the direct answer
If you don't know, say so - "I don't recall the exact date" is fine
Don't argue with the judge - Even if you disagree with their reasoning
Example Exchange
Judge: "Did you give the defendant a written notice that the work was deficient?"
Good answer: "Yes, Your Honor. I sent an email on June 20th—that's Exhibit 3 in your packet. I listed the specific problems and gave him two weeks to fix them."
Poor answer: "Well, I tried calling him multiple times and he never answered, and then I went by his shop and they said he wasn't there, and I think he was avoiding me, so eventually I sent something..."
Courtroom Do's and Don'ts
DO
Dress professionally (business casual minimum)
Stand when the judge enters
Address the judge as "Your Honor"
Speak clearly and at moderate pace
Stay calm, even if provoked
Stick to facts and evidence
Thank the judge when finished
Turn off your phone
DON'T
Interrupt the defendant
Get emotional or angry
Make personal attacks
Argue with the judge
Bring up irrelevant issues
Chew gum or eat
Speak while others are talking
Make faces or gestures during testimony
Critical: Losing your temper or attacking the defendant's character will hurt your case. Judges make decisions based on evidence and credibility. Staying professional shows you're credible.
If the Defendant Doesn't Show Up
If you properly served the defendant and they fail to appear:
Check in as normal when your case is called
Tell the judge the defendant is not present
The judge will verify proof of service was filed
You still need to present your case and prove your damages
The judge will likely enter a default judgment in your favor
Don't Celebrate Yet: A default judgment means you win by default—but you still have to collect. See the next section on Collecting Your Judgment.
If You Can't Attend Your Hearing
Request a Continuance
If you have a legitimate conflict:
Contact the court clerk as early as possible
File a written request explaining your reason
Valid reasons: illness, emergency, work conflict, witness unavailable
Courts grant one continuance fairly freely; multiple requests are harder
Consequences of Missing Your Hearing
If you're the plaintiff: Case dismissed (you can refile but pay new filing fee)
If you're the defendant: Default judgment entered against you
The Decision
If the Judge Rules From the Bench
You'll know immediately. The judge will state who wins and the amount (if applicable).
If Taken Under Submission
The judge needs time to review evidence or research law. You'll receive the decision by mail within days to a few weeks. In California, the notice of entry of judgment (Form SC-130) will be mailed to both parties.
Understanding the Judgment
The judgment states who won and how much (if any) is owed
Interest begins accruing from the date of entry
Defendant has 30 days to pay voluntarily
After 30 days, you can begin enforcement
If You Lose: Your Options
Plaintiffs: No Appeal
If you're the plaintiff and lose, you generally cannot appeal. This is a key feature of small claims court—it's meant to be final.
Defendants: Can Appeal
If you're the defendant and lose, you can appeal within 30 days. The appeal is a new trial in Superior Court (not small claims), where you can have an attorney.
Strategic Note: Because plaintiffs can't appeal, you want to be well-prepared the first time. There are no do-overs.
Need Help Preparing for Your Hearing?
I can help you organize your evidence, practice your presentation, and anticipate what questions the judge might ask. Proper preparation dramatically increases your chances of success.