Alberta Small Claims Court Evidence: How to Prepare Your Trial Statement and Exhibit Binder
The Trial Statement Is Your Evidence Blueprint
Before trial in the Alberta Court of Justice, both sides must file a Trial Statement (Form CTS11447). This document is your disclosure obligation — it tells the court and the other party exactly what evidence you plan to present. If a document is not in your Trial Statement, you generally cannot introduce it at trial without the Justice's special permission.
The Trial Statement has three parts:
- A summary of the facts and the legal remedies you are seeking
- A list of witnesses you plan to call, with a brief summary of what each witness will say
- An indexed list of all documents — contracts, receipts, photos, text messages, emails — that you intend to introduce as exhibits
The filing deadline is set in your Notice of Trial. Do not wait until the last day — preparing a proper Trial Statement takes time, and a rushed one undermines your case.
Building Your Exhibit Binder
The exhibit binder is the physical package of evidence you bring to court. Organize it so the Justice can follow your story without flipping back and forth:
Chronological order works best. Start with the earliest relevant document (the contract, the advertisement, the first text message) and end with the most recent (the final demand letter, repair quotes, photos of current damage).
Number each exhibit with a tab. Tab 1, Tab 2, Tab 3 — matching the index in your Trial Statement. This lets you say "Your Honour, please turn to Tab 4" during testimony, and the Justice finds it immediately.
Make three copies. One for yourself, one for the other party, and one for the Justice. Some registries ask for a fourth copy for the court file.
What counts as an exhibit:
- Signed contracts, written quotes, invoices, and receipts
- Bank transfer records, e-transfer confirmations, cancelled cheques
- Text messages and emails (screenshots are fine — include the sender's name, phone number, and dates)
- Photographs and videos (print photos; for videos, bring a device to play them and describe the content in your Trial Statement)
- Repair estimates from independent contractors
- Inspection reports, appraisals, or expert assessments
- Written demand letters and any responses
What does not belong: Legal arguments, case law citations, or your personal narrative about why the other side is wrong. The exhibit binder is evidence — facts and documents. Your arguments go in your opening and closing statements at trial.
Preparing Witnesses
If you plan to call witnesses, each one must be listed in your Trial Statement with a summary of their expected testimony.
Voluntary witnesses simply agree to attend and testify. Confirm the date, time, and courtroom with them well in advance.
Reluctant or uncooperative witnesses can be compelled to attend by serving a Notice to Attend as a Witness (Form CTS1460). This must be served at least 21 calendar days before trial and must be accompanied by the statutory witness allowance — $25 per day for lay witnesses (plus reasonable travel costs) or $50 per day for expert witnesses.
After serving the summons, file an Affidavit of Service of the Notice to Attend as Witness (Form CTS11418) proving it was delivered.
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At Trial: How to Present Evidence
When your turn comes:
- Testify under oath or affirmation about what happened — stick to facts you personally witnessed or experienced
- Introduce each exhibit by referring to its tab number: "Your Honour, Tab 3 is the signed contract dated March 1, 2026, showing the agreed price of $12,000"
- Examine your witnesses — ask them questions that draw out facts relevant to your claim. Open-ended questions ("What did you observe when you inspected the deck?") are more effective than leading questions ("The deck was damaged, wasn't it?")
- Cross-examine the other side's witnesses — you can ask questions to challenge their testimony, but stay focused on facts that help your case. Arguing with a witness never helps.
The Full Alberta Civil Claim Process
Evidence preparation is one stage in a process that starts well before the hearing. Our Alberta Civil Claim Guide covers every step — from checking the $100,000 limit and sending a demand letter, through filing, service, and evidence preparation, to the hearing and judgment enforcement — with deadline tracking and form-by-form instructions.
Get Your Free Alberta Civil Claim Filing Checklist
Download the Alberta Civil Claim Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.