- Small Claims Court trials are decided by a judge alone — there is no jury, unlike some higher-court civil trials.
- The plaintiff presents their case first, followed by the defendant — each side calls evidence and can cross-examine the other side's witnesses.
- Proceedings are less formal than a criminal trial, but real courtroom etiquette and structure still apply.
- You should arrive early, with your evidence organized chronologically and multiple copies ready for the judge and the other party.
- A decision may be given orally the same day, or reserved for later written reasons in more complex cases.
- Being organized, calm, and factual matters more than being a polished public speaker.
The Short Answer
On your Small Claims Court trial day, you will present your evidence and testimony to a judge — there is no jury — following a defined order: the plaintiff goes first, then the defendant, followed by closing statements and, often, a decision the same day. Here is exactly what to expect, step by step.
Before You Arrive
- Organize your evidence chronologically, with a clear, logical flow
- Make multiple copies — one for yourself, one for the judge, and one for each other party
- Confirm your witnesses know the date, time, and location, and understand what they will be asked
- Prepare a short outline of the key points you want to make
- Plan to arrive at least 30 minutes early to account for security screening and finding the right courtroom
Arrival and Checking In
Courthouses generally require security screening similar to an airport. Once inside, check the posted court list or ask court staff to confirm which courtroom your matter is being heard in. Court staff can also help direct you if you're unsure where to go.
The Courtroom Setting
Small Claims Court is less formal than a criminal courtroom, and there is no jury — your case is decided entirely by a judge. That said, real courtroom etiquette still applies: stand when the judge enters, address the judge respectfully, and wait to be recognized before speaking.
The Order of Proceedings
Giving Testimony and Cross-Examination
When it's your turn to give evidence, focus on clearly explaining what happened, in chronological order, referencing your organized documents as you go. When you cross-examine the other side, focus on specific facts and inconsistencies, rather than making broad arguments — save your overall argument for closing statements.
Practice explaining your case out loud, in under five minutes, before your trial date. If you can't clearly summarize what happened and what you're owed in five minutes, your presentation likely needs tightening.
The Judge's Role
The judge listens to the evidence, may ask clarifying questions of either party, and ultimately decides the case based on which version of events is better supported by the evidence, on a balance of probabilities. Judges in Small Claims Court are generally accustomed to self-represented litigants and often try to help the process run smoothly for everyone involved.
How Long a Trial Actually Takes
This varies widely. A simple, well-organized matter with few witnesses might be resolved in an hour or two. More complex cases with multiple witnesses, expert evidence, or disputed documents can take a full day or, in rarer cases, longer.
What Happens After: The Decision
In many straightforward cases, the judge gives an oral decision at the end of the hearing, sometimes with brief reasons. In more complex matters, the judge may reserve the decision, issuing written reasons later — this can take anywhere from a few weeks to a few months.
What to Wear and Courtroom Etiquette
- Dress: Business casual or professional — neat, respectful attire
- Address the judge respectfully, generally as “Your Honour”
- Turn off your phone or set it to silent before entering the courtroom
- Stay calm and factual, even under cross-examination
Common Trial-Day Mistakes
Scrambling to find documents mid-testimony undermines your credibility and wastes valuable time.
Judges decide based on evidence, not emotion — stick to the facts even when it's frustrating.
Running late or fumbling through unfamiliar documents creates a poor first impression before you've even spoken.
A clear, organized, concise presentation is far more persuasive than an exhaustive, unfocused one.
Preparing for your Small Claims Court trial day? Call our Toronto litigation lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
No. Small Claims Court trials are decided entirely by a judge — there is no jury. This is one of several ways Small Claims Court proceedings are simpler than a jury trial in Superior Court.
Bring your organized evidence — contracts, invoices, photos, correspondence — ideally in chronological order, with multiple copies (one for you, one for the judge, and one for each other party). Also bring photo ID and any witnesses you plan to call.
The plaintiff (the party who filed the claim) presents their case first, calling evidence and any witnesses. The defendant then has the opportunity to present their own case in response.
As the plaintiff or defendant, you will generally need to give evidence to support your position, since the judge decides the case based on the evidence presented, not simply on written documents alone.
Yes. After you give your evidence, the other party (or their representative) has the opportunity to cross-examine you, asking questions to test your evidence.
It varies significantly depending on the complexity of the case and the number of witnesses. A straightforward matter might be resolved in an hour or two, while a more complex case with multiple witnesses can take a full day or longer.
Often, yes, particularly for straightforward matters, where the judge may give an oral decision immediately after hearing both sides. For more complex cases, the judge may reserve the decision and issue written reasons at a later date.
Business casual or professional attire is appropriate — you don't need a suit, but dressing neatly and respectfully shows the court you are taking the process seriously.
Yes, most self-represented litigants bring notes or an outline to help organize their presentation and make sure they cover all their key points — this is generally accepted and a smart way to stay organized under pressure.
This is extremely common. Staying focused on your organized evidence, speaking slowly and factually, and remembering that the judge wants to understand what happened — not judge your public speaking skills — can help. If your nerves are a serious concern, a lawyer or paralegal can represent you instead.
Yes, parties can generally reach a settlement at any point, including on the morning of trial or even partway through — though it is far more efficient to resolve matters before trial where possible, given the time and preparation already invested by everyone once a trial is underway.