When considering the evidence you are going to present at the Small Claims Court you need to ask yourself whether you have sufficient evidence to support your claim and win your case. You should not rely on your word against the opposing party’s. It is wise to bring in witnesses, documents and photographic evidence. You must be clear about the events that led you to make your small claim and note these down in a clear and logical fashion on the plaintiff’s claim form. You must be absolutely clear about the reasons why you believe that you are entitled to win your claim against the defendant.
Audio, Visual and Written Documentation
Look to prove your case with audio, visual or written facts. Examples would include contracts, letters and statements, medical records, hospital reports, financial accounts, estimates, receipts and invoices; make sure where possible that you include original copies. If you have photographs they must be verified by the photographer who took them and that person must testify as to when the photographs were taken. If you are owed money you should try to provide a record of payments made or received. If you have any of this information you should attach a copy of it to your small claims application form. Furthermore, copies of all of the above documents must be served at least 30 days before the trial on all parties involved in the case. You must include details of the author of each document along with their address and phone number.
On the day of your trial you must bring three copies of each document with you (for the other party, the judge and yourself) as well as the original documents, which will be lodged as exhibits with the court. Make sure in advance of the trial date that the court can provide any specialist equipment you may need like a TV or video. If they do not have the equipment you require you will have to bring it with you.
Calling Witnesses
You may call witnesses who are relevant to your case. Witnesses should be served with a Small Claims Court Notice to Attend at least 10 days before the trial date. When you serve the witnesses you should pay them their witness fee. Each court has a list of witness fees; in Ontario Small Claims Courts, witnesses are paid $6 per day plus travel costs calculated at 30.5 cents a kilometre depending on where in the state the witness lives. Specialist or expert witnesses like doctors are paid $15 to attend court. If a witness is not served e.g. if they are a witness of the dependent, they can ask for an adjournment to the trial and you will have to pay the costs associated with this.
You can summons anyone as a witness but their testimony should not be based on hearsay; the best witnesses have firsthand knowledge of the dispute. If you include expert witnesses you must provide the defendant with a list of their qualifications. You must prepare for questioning your witness, by writing down a set of questions designed to prove your case to the trial judge. You can go over your questions with each witness before the trial if you prefer, but you cannot put words into their mouths – at the trial, each witnesses must swear that they will tell the truth.
You should let your witnesses know that it is legally acceptable to go over the questions you intend to pose in case they are asked in court whether this occurred.
If one of your witnesses doesn’t attend court and you can prove to the judge by means of an Affidavit of Service that you correctly served the witness and paid their witness fee, he / she may issue a warrant for their arrest.