Preparing for a small claims hearing in the local court

Step by step guide

You should ask any other person who saw or heard something that supports your claim to prepare and sign their own witness statement. 

Examples of who could make a witness statement include people who: 

were present when a loan was discussed or made
can give expert evidence about something (for example, a dentist could make a statement about the quality or cost of dental treatment)
saw the car accident.

In some cases, there will not be any other witnesses and you will only have your own witness statement. 

You need to allow plenty of time to have your witness statements written, signed, copied and sent to the other party and filed with the court at least 14 days before the hearing date (unless the court has ordered a different time). 

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These Rules permit AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court and the Supreme Court also have Practice Notes which permit AI use for some types of documents, such as chronologies and indexes.

Under the Rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to generate the content. You must not put any confidential information about your matter into an AI program. If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

For instructions on preparing a witness statement, and examples of witness statements, see:

The Court will usually order that your statements and evidence need to be filed with the court, and exchanged with the other party, at least 14 days before the hearing. 

You can file the documents with the court:

in person
by post to the court where your case will be heard, or
using the NSW Online Registry.

You can exchange the documents with the other party:

in person
by post to the address for service in the statement of claim under the heading 'Further Details about the Filing Party'
by fax or email if a fax number or email address was included in the statement of claim.

If you are sending documents by post, make sure the documents will be received on or before the date they are due.

If you are filing and exchanging video footage, you should confirm with the court if they have the equipment to play the footage and in what form they want it, for example a flash drive.  

You should receive witness statements and evidence from the other party at least 14 days before the hearing date unless the court ordered a different time. 

When you receive the other party’s witness statements, you should read them carefully so that you understand the defendant's case. 

If you do not receive anything, you should contact the court and find out if anything has been filed. If witness statements have been filed, ask the court for a copy, or contact the other party and ask for a copy.

If nothing has been filed, you can tell the magistrate or assessor the next time you attend court. The magistrate or assessor may adjourn (postpone) the hearing, or they can disregard evidence filed late. 

A subpoena is a court order to a person or organisation to bring documents to the court on a certain date, or to attend the hearing to give evidence. You can't file a subpoena unless the court has given you permission. This is usually done at the pre-trial review.

If you have permission to file and serve a subpoena, you will need to do this at least five days before the date specified in the subpoena. It is difficult to get permission to file a subpoena in the Small Claims Division of the Local Court. You should get legal advice before you consider applying for a subpoena. For more information, see Step by step guide - Subpoenas.

The onus is on the plaintiff to show that the defendant owes the money claim.

Write down the main points you want to say to the assessor or magistrate. You could use the following format: 

State briefly the circumstances of your case and the money or goods you are claiming (if you are the plaintiff), or why you do not believe you owe the money or goods (if you are the defendant). 
Mention the statements, documents and evidence that support your case.
Explain which sections of the plaintiff’s statement of claim / or defendant's defence form, witness statements and evidence that you disagree with, and why. 
Remember that the assessor or magistrate will have already read all the witness statements and evidence so you do not need to repeat everything that is in your statement.

You will need the following documents with you at the hearing: 

The statement of claim and defence form as well as any cross-claim or defence to the cross-claim, if relevant

Copies of your witness statements and evidence
Copies of the other party’s witness statements and evidence
If you filed and served a subpoena, copies of the subpoena and affidavit of service form
Your notes for speaking to the assessor or magistrate
A notebook and pen to make notes during the hearing.

For more information about the hearing, see Going to the hearing below. 

For more information on how to prepare for the hearing, you can watch the video Small claims -The hearing.

This video is available with the audio description.

In Small Claims Division, matters are heard remotely unless an application has been made to, and granted by, the Local Court to allow an in-person appearance.

If you want to attend the hearing in person, you will need to seek leave at least five days before the hearing date. You will need to email the registry and explain your reasons. It is up to the court to grant leave. 