What Evidence Do You Need for Small Claims, Step by Step
Introduction, why evidence wins small claims
If you Google what evidence do you need for small claims, you get vague lists. Here is the practical truth: judges decide on concrete proof, not on emotion. A signed contract, an invoice with a matching payment on your bank statement, or a time stamped photo of the damaged item will carry more weight than a long explanation in court.
Small claims judges see cases quickly, so your job is to make the facts impossible to ignore. Bring receipts, text or email threads that show agreement, photos or videos with dates, witness contact info and a clear timeline of events. Even simple things like screenshots with file dates or a paid repair estimate can tip the balance.
This article walks you step by step through what to collect, how to authenticate documents, how to label exhibits, how to prepare a one page timeline, and how to present witnesses so the judge says yes. Follow those steps and your evidence will win more cases.
What counts as evidence in small claims cases
When you ask what evidence do you need for small claims, think of proof that ties the claim to dates, money, and promises. Below are the common types, and exactly what to collect.
Contracts: signed agreements, estimates, invoices, and written change orders. Circle the clause that supports your claim, bring originals, and print a clean copy with dates and signatures visible.
Receipts and bank records: itemized receipts, credit card slips, canceled checks, and bank statements. Highlight the transaction, show the amount and date, and include any refund attempts.
Photos and videos: clear before and after shots, wide and close views, and a ruler or common object for scale. Time stamp images when possible, and keep original files not just social media uploads.
Messages and emails: screenshots with timestamps, full email threads, and saved attachments. Export conversations so metadata is preserved, and note who sent what when.
Witness statements: short, signed affidavits that state what the witness saw, where, and when, with contact information for follow up.
Expert notes: repair estimates, inspection reports, or professional opinions, signed and dated, listing credentials and methodology.
Organize everything in chronological order, bring originals plus copies, and label each exhibit for quick reference in court.
How much evidence do you actually need
Small claims uses the civil standard called preponderance of the evidence, which means you must show your version is more likely true than not, or over 50 percent likely. That is much lower than a criminal case, so you do not need exhaustive proof, you need persuasive proof.
Quality beats quantity. A clear signed contract, dated photos of damage, and bank records showing nonpayment will usually beat a box of receipts with no timeline. For example, a signed invoice plus three cancelled checks is often enough to prove unpaid services. A witness who saw the damage or delivery can tip the scales.
Practical setup matters. Organize exhibits in order, label them clearly, bring originals and at least two copies, and prepare a one page timeline. In most small claims matters two to four strong, directly relevant items are usually enough to win.
Prioritize what to gather first
When you ask what evidence do you need for small claims, start by listing the claim’s essential elements, for example ownership, breach, and amount owed. Sort documents by strength and relevance, putting originals and contemporaneous records first. Strong items include signed contracts, invoices, receipts, bank statements, time stamped photos, and text or email exchanges. Next, build a clear timeline with dates and short notes, for example "June 3: service completed; June 30: invoice sent; July 20: no payment." Focus on items that directly prove the key elements of your claim, not every related scrap. Finally, create a one page exhibits list that ties each piece of supporting documents to the element it proves; bring copies for the judge and one for the defendant.
Step by step checklist to collect and preserve evidence
Start immediately. Make a running checklist, with dates and who you contacted, so you can answer what evidence do you need for small claims without scrambling later.
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Records to request: invoices, receipts, contracts, bank statements, payment records, delivery confirmations. Ask for originals when possible, or certified copies from the issuer.
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Digital proof: export emails with full headers, save text messages as PDF or use a timestamped screenshot tool, download transaction PDFs from banking and payment apps, avoid editing files.
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Preserve metadata: when saving photos or files, use the device clock, note the device and time; keep the original file, not a copy edited in an app.
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Subpoenas: check clerk procedures, file early, specify exact documents and date ranges, pay service fees; request certified records to show authenticity.
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Chain of custody: log each handoff, sign and date envelopes, take photos of sealed evidence, keep originals offline in a safe and upload a timestamped backup to cloud storage.
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Final step: make two organized packets, one for the court, one for your own file, and note any gaps to address before hearing.
How to organize evidence before filing
Start by labeling each item clearly, Exhibit A, Exhibit B, etc. On the top of each page write the exhibit letter, brief title, and page number, for example Exhibit A, Lease Agreement, page 1 of 12. Create an exhibit list on a single sheet, with columns for exhibit letter, one line summary, date, and number of pages. Example entry, Exhibit A: Lease signed 01/02/24, proves tenant agreed to $1,200 monthly, 12 pages.
Prepare three sets of copies, stamped or marked for Court, Defendant, and Your File. Use binder clips and plastic tabs so pages stay in order. Attach a one sentence summary to each exhibit, 10 to 20 words, that explains why it matters. For instance, Exhibit B summary, Unpaid invoices showing balance due $3,450 as of 10/15/24. Finally, save a searchable PDF backup and bring a USB or email copy to the hearing. This makes review fast and persuasive for judges and clerks.
How to present evidence at the hearing and in filings
Courts expect organization and a clear foundation for each item you want admitted, so start by labeling exhibits, for example Exhibit 1 invoice, Exhibit 2 photos. File or exchange copies with the court and the other party ahead of the hearing when local rules require it. At the hearing, hand the judge a tabbed binder with identical copies for the defendant and the clerk.
To admit a document, briefly state what it is and how you got it, then ask the judge to admit it. For example, I received this invoice by email on June 2, here is the printed email with headers, I prepared it; please admit Exhibit 1. If live testimony is unavailable, submit affidavits or sworn declarations signed under penalty of perjury, and be ready to authenticate them.
Speak concisely. Open with your claim amount and the three best pieces of evidence, refer to exhibit numbers, summarize documents rather than read them, and pause for questions. That approach answers what evidence do you need for small claims, in a practical, courtroom ready way.
Preparing witnesses and witness statements
Start with a short, dated witness statement in the witness’s own words, first person, signed and dated. Focus on facts, not opinions: who did what, where, when, and how you know it. Attach exhibits by number, for example photos as Exhibit A, receipts as Exhibit B, and reference them in the text.
For nonexpert witnesses, run a two step rehearsal. First read the statement aloud until it sounds natural. Second role play direct and cross examination, asking short, leading questions so they learn to answer only what is asked. Teach pauses, eye contact with the judge, and to correct misstatements calmly.
Anticipate cross examination points, prepare brief memory aids, and coach witnesses to stick to facts. That practical prep often decides small claims outcomes, so include witnesses when planning what evidence do you need for small claims.
Common evidence mistakes that lose cases
One of the fastest ways to lose is sloppy evidence. Ask yourself what evidence do you need for small claims, then follow the rules. Common mistakes: submitting proof after the court deadline, relying on hearsay instead of live witness testimony or signed affidavits, failing to bring originals such as receipts or signed contracts, and handing the judge a chaotic pile of papers. Fixes: file and get a date stamp early; subpoena bank or vendor records when needed; bring originals or certified copies; prepare a numbered exhibit list, tabbed binder, and three sets for the court. Practice referencing them aloud.
Conclusion and quick evidence checklist
Collect, label, and test your evidence before the hearing. Think through the question what evidence do you need for small claims, then gather originals plus three copies. Use photos with date stamps, contracts or work orders, receipts or bank records, text messages or emails, and a short witness statement if available. Create a one page timeline that highlights key dates and amounts.
Quick checklist:
- Originals and three copies ready.
- Binder with numbered exhibits and sticky tabs.
- One page summary for the judge.
- Labeled photo printouts.
- Witness contact info and statements.
