Evidence needed for small claims court

This is a really important question, but the honest answer is that it depends entirely on what your claim is about. The evidence you need is shaped by the type of dispute, what you are claiming, and what the other side is likely to argue. That said, I can give you a solid general framework and then explain how it works in practice.

The basic principle:

In civil proceedings, including small claims, the burden of proof is on the claimant. You must prove your case on the balance of probabilities, meaning the court must be satisfied that your version of events is more likely than not. This is a lower standard than the criminal standard of beyond reasonable doubt.

Types of evidence commonly relied on in small claims:

1. Documents. These are usually the backbone of a small claims case. Contracts, invoices, receipts, emails, text messages, letters, photographs, screenshots, bank statements, delivery records, and similar records are all highly persuasive. Courts tend to place significant weight on contemporaneous documents, meaning things created at or around the time the events happened, rather than accounts written up later.

2. Witness statements. Each party and any witnesses they rely on should prepare a written witness statement setting out what they saw, heard, or experienced. Under the small claims track, witness statements usually stand as evidence in chief, meaning the witness will not normally be asked to repeat everything orally. The court will read the statement and the other side may ask questions.

3. Photographs and videos. These are especially useful in disputes about defective goods, property damage, building work, or the condition of something at a particular time. Always note the date and time a photograph was taken if possible.

4. Expert evidence. In small claims, you do not normally get permission to use expert evidence in the way you would in a higher track case. However, for certain disputes, particularly about defective goods or substandard work, a brief written report or opinion from a suitably qualified person can be very helpful. The court can give permission for expert evidence where it is reasonably required, but this is at the district judge's discretion.

5. Correspondence showing attempts to resolve. Courts look favourably on parties who have tried to resolve matters before issuing proceedings. Pre-action letters, responses, and any offers made or rejected can be relevant both to the merits and to costs.

Practical guidance:

Organise your evidence into a clear, paginated bundle. The court will expect a bundle of documents for the hearing, and under Practice Direction 27 the claimant is normally responsible for preparing this. Include only documents that are relevant. Judges in small claims hearings deal with many cases and appreciate brevity and clarity.

Think about what you actually need to prove. Break your claim down into its essential elements. For example, if you are claiming for breach of contract, you need to show there was a contract, the other side breached a term of it, and you suffered a loss as a result. Then match your evidence to each element.

Think about what the other side will say. Anticipate defences and gather evidence that addresses those points as well.

If you tell me what your claim is actually about, I can give you much more targeted advice on exactly what evidence you should be gathering and how to present it.