Delaware Small Claims Court Hearing: How to Prepare and What to Expect

Delaware JP Court civil hearings run on Zoom by default. That changes the logistics of how you present evidence and interact with the judge, but the substance is the same as any courtroom — you need to tell a clear story, back it up with documents, and handle the other side's version.

Before the Hearing: Evidence Exchange

Because the hearing is virtual, you can't hand exhibits to the judge on the spot. All evidence must be prepared and exchanged in advance:

• Label everything. Plaintiff exhibits get numbered (Plaintiff Exhibit 1, 2, 3…). Defendant exhibits get lettered (Defendant Exhibit A, B, C…).
• Submit copies to the court and mail or email copies to the opposing party at least 5 business days before the hearing date.
• Evidence not submitted in advance may be excluded. The judge can refuse to consider exhibits that the other side hasn't seen.

Organize your exhibits in the order you'll reference them. Contracts, invoices, photos, text messages, repair estimates, and bank records are all fair game. Written statements from witnesses who aren't present are generally inadmissible hearsay — witnesses need to appear live via Zoom.

Getting on Zoom

You'll receive connection instructions from the court. Log in 15 minutes before your scheduled time. Test your internet, camera, and microphone beforehand. Find a quiet room with decent lighting.

Technical problems during the hearing can work against you. If your connection drops and you can't reconnect, the judge may proceed without you.

How the Hearing Works

1. Check-in. The judge verifies who's present. If a business entity is involved, the judge checks for an active Form CF50.
2. Oath. Both parties and any witnesses are sworn in.
3. Plaintiff's case. You present your side first — explain what happened, reference your exhibits by number, and call any witnesses.
4. Cross-examination. The defendant gets to question you and your witnesses.
5. Defendant's case. The other side presents their version and evidence.
6. Your cross-examination. You question the defendant and their witnesses.
7. Closing. Each side gives a brief summary.

Tips for Presenting Your Case

Start with the money. State what you're owed, then explain why. Judges hear dozens of cases — lead with the bottom line.

Walk through the timeline. Date by date, what happened, what was promised, what wasn't delivered. Reference your exhibits as you go: "As shown in Plaintiff Exhibit 3, the contractor received $6,000 on March 15."

Stick to facts. Skip opinions about the other side's character. The judge cares about what happened and what you can prove.

Answer questions directly. When the judge asks something, answer the question. Don't use it as a launching point for a speech.

Subpoenas for Reluctant Witnesses

If a critical witness won't appear voluntarily, file Form CF58 (Subpoena) at least 7–10 days before trial. Each subpoena costs $10 and must be served by a constable. The witness then has a legal obligation to appear via Zoom and give testimony under oath.

Requesting a Continuance

If you have a legitimate conflict — medical emergency, military orders, scheduling collision — file Form 08CR as soon as possible. State the reason and whether the other side agrees. The judge decides whether to grant it.

After the Decision

The judge may announce the verdict at the hearing or mail it afterward. If you win, the judgment is enforceable for 5 years. If you lose, you have 15 calendar days from the date the JP Court judgment is entered to file an appeal to the Court of Common Pleas.

The Delaware filing guide includes a hearing preparation checklist and an evidence organizer to make sure you walk into the Zoom room ready.

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