What to Expect at Your Hearing in Small Claims Court

Take some time to write out what you want to tell the judge.

• Focus on your strongest points and prepare a clear explanation of what happened, when it happened, and why it's important. 
• If your case is complicated, consider giving the judge a written summary.

Judges decide cases based only on what is said in court and any proof they are given, called evidence. Think about what proof you can show the judge that supports your main points. Useful things that can help prove your case include:

• Documents like receipts, invoices, and contracts.
• Photos, including photos of damage to property that is part of the claim.
• Diagrams or images that help visualize something that happened.
• Messages, letters, printed-out emails.
• Copies of bounced checks or any other records that support your side.

In some Oregon counties, you can submit your evidence online before your hearing.

• The court system now lets you upload digital exhibits—things like photos, emails, scanned letters, or other files you want the judge to see. 
• In court, these are called exhibits.

This option is only available in certain types of cases, like small claims court, and only in some counties. To see which counties and learn more, go to the Oregon Judicial Department's Case Center website.

If someone witnessed key events or is an expert in something important in the case, they can testify (speak directly to the judge during the hearing) in support of your case.

• Having a witness speak in person is usually more effective, though some courts allow witnesses to testify by phone. 
• Witnesses may also be allowed to write a letter to the judge.

Some courts ask both sides to attend a meeting called mediation before scheduling you for a day in court. Mediation is a court-sponsored meeting with a neutral, professional mediator. This may be encouraged or required. If required, missing mediation could mean the court decides the case for the other side.

• The mediator will talk to you and the other side to see if they can help you reach an agreement.
• If you reach an agreement during mediation, it will be enforceable. That means either side can return to court if the agreement is not followed.
• If mediation is unsuccessful, the case will go to a hearing.

Make sure you know where your court is and how to get there. Find your court here.

Plan to arrive at least 30 minutes early so you have time to find your courtroom and a little extra time in case you get delayed on the way or while trying to find parking. Plan to be there for two or three hours.

• Bring all documents, evidence, and witnesses you need to support your case.
• Dress neatly and follow court rules. No hats, sunglasses, food, drinks, or chewing gum in the courtroom. 
• When you arrive, check in with the court clerk or bailiff so they know you are present.

Small claims courts often hear many cases in one session, so be patient.

• Watch how other cases are handled to understand what to expect.
• Use this time to organize your paperwork and review your notes.

When your case is called, stand and move to the front of the courtroom. The judge may briefly explain the rules and process. Make sure to ask about any part that you don't understand.

The judge will ask you and the other side to explain your case. The person who filed the claim (the plaintiff) will go first. When it's your turn, speak clearly and respectfully.

• Stick to the facts. Explain what happened, why you are owed money (or why you don't owe money), and what evidence you have. Avoid personal attacks.
• Show any documents, photos, or receipts that support your case.
• If you have witnesses, let the judge know. They may be asked to speak.

When the other side makes their presentation, take notes in case you need to correct anything you think was incorrect. 

Do not interrupt, even if you disagree. Wait for your turn to respond.

The judge may ask either party questions to clarify details.

• Answer honestly and keep it brief.
• If you don't understand a question, politely ask the judge to repeat or explain it.

The judge may decide the case immediately at the end of the hearing or mail you a written copy of the decision, called a judgment, later.

• The judgment will list the exact amount owed or the items that must be given over.
• Read the judge's decision carefully. It should have detailed instructions about next steps.

Small claims decisions are almost always final. Unlike other kinds of cases, you cannot ask another judge or court to review it if you disagree (called an appeal), except for cases of very serious mistakes.