How to Prepare Evidence for Small Claims Court in NJ
Preparing Three Copies
As a practical preparation step, bring three copies of each document: one for the judge, one for the opposing party, and one for yourself. Label each exhibit clearly — Defendant Exhibit D-1, D-2, D-3, and so on. Bring them organized in a folder or binder, not loose in a bag.
This applies to contracts, invoices, receipts, canceled checks, repair estimates, photos, and screenshots of text messages or emails. The judge and plaintiff both need to see what you are referencing while you testify.
What Counts as Evidence
New Jersey small claims hearings follow the Rules of Evidence, though judges have discretion under Rule 6:4-5 to keep things informal. In practice, most judges accept:
- Contracts and written agreements — the original or a clear copy
- Invoices, receipts, and payment records — anything showing money changed hands
- Photos and videos — time-stamped if possible, showing the condition of property, damage, or completed work
- Text messages and emails — print these out with dates visible; screenshots from your phone work if they are legible on paper
- Bank statements or canceled checks — proving payment was made or not made
For photos, print them large enough that details are visible. Tiny phone-screen images frustrate judges and make your evidence harder to evaluate.
Written Statements Are Not Admissible
This is where many defendants lose ground. A letter from your mechanic describing the car's condition, a signed statement from a neighbor who witnessed the incident, or an email from a contractor confirming the work schedule — none of these are admissible if the person who wrote them is not in the courtroom. Under NJ evidentiary rules, these are hearsay and the judge will exclude them.
If someone has information that supports your case, they need to appear in person or via the court's approved remote platform to give live testimony and be available for cross-examination.
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Subpoenaing a Reluctant Witness
When a witness refuses to appear voluntarily, you can issue a Subpoena Ad Testificandum under Rule 1:9-1. This is a court order compelling their attendance. You must also provide the statutory witness attendance fee under N.J.S.A. 22A:1-4.
Request subpoena forms from the Special Civil Part Clerk's office. Serve the subpoena in time for the witness to attend the hearing, and confirm the court's current subpoena procedures before filing.
Organizing Everything the Night Before
Put your exhibits in chronological order. Write a one-page outline of your key points — not a script, but a sequence of facts you want to cover so you do not forget anything under pressure. Practice stating your version of events in plain language: what happened, when, and which exhibit supports each point.
If your hearing is virtual, the court may require you to submit exhibits electronically before the session. Check with the clerk's office about the specific vicinage's procedure for uploading documents.
The New Jersey Small Claims Response Guide includes an evidence assembly worksheet that walks through each document type and helps you build your exhibit binder step by step.
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