The hearing

Preparing for the hearing

If the case does not settle at the pre-trial review, it will be listed for a hearing on another date. At the hearing you will be given the chance to present your case and the reasons why you disagree with the claim. 

Before you go to the hearing it is important that you give yourself enough time to prepare. You should: 

• ​​prepare your witness statements and other evidence
• send your witness statements and other evidence to the other party and the court
• review witness statements and other evidence received from the other party
• file and serve subpoenas if the court gave you permission to do so
• plan what you are going to say in court
• plan what you are going to take to court.

You will find it really ​useful if you take time to prepare for the hearing. To find out how to prepare for the hearing, follow the steps in the guide on this page.

For more information, see Step by step guide - Preparing for a small claims hearing in the local court.

Going to the hearing

After you have prepared your case it is important to think about how you are going to present it. You may need to think about: 

• ​​​​​what to do and say in the courtroom
  
• whether you need to ask for an adjournment
  
• whether there is any chance of settling the case
  
• how you want to present your evidence. 
  

For more information, see Step by step guide - Going to a small claims hearing in the local court.

The decision

After both you and the defendant have presented your case at the hearing, the magistrate or assessor will make a decision. Usually the de​cision is made on the sa​me day as the hearing.

 For more information about The decision:

• If you are a plaintiff, see After court in Making a claim. 
  
• If you are a defendant , see After court in Responding to a claim.