How to Prepare for Small Claims Court in Arkansas as a Defendant

What the Hearing Looks Like

Arkansas small claims trials follow a set sequence. The judge swears in both parties and any witnesses. The plaintiff goes first — presenting their side, introducing evidence, and calling witnesses. You then get to cross-examine the plaintiff's witnesses. After that, you present your defense, introduce your own evidence, and call your witnesses. The plaintiff can cross-examine yours. The judge then rules from the bench or takes the case under advisement for a written decision later.

No jury. No attorneys (attorneys are barred from the Small Claims Division under Administrative Order No. 18). Speak directly to the judge, not to the other party.

Organize Your Evidence in Three Copies

Bring three identical sets of every document:

1. One for the judge — this is the set submitted as evidence
2. One for the plaintiff — they're entitled to see everything you're presenting
3. One for yourself — your working copy to reference while speaking

Contracts, receipts, invoices, canceled checks, bank statements, photos, text message printouts, email threads — anything relevant to the dispute belongs in these sets. Print text messages and photos on paper. Judges won't hold or scroll through your phone at the bench.

Organize documents chronologically or by topic with numbered tabs. When you reference a document, say "Your Honor, please look at Exhibit 3, which is the text message from March 14 where the plaintiff agreed to the revised price." Specificity helps.

Prepare a Two-Minute Opening Statement

You'll have a chance to explain your side before presenting evidence. Keep it short and factual:

• Who you are and your relationship to the plaintiff
• What happened, in chronological order
• Why you disagree with the plaintiff's claim (or what portion you dispute)
• What you're asking the court to do

Don't argue or get emotional. The judge has heard hundreds of these cases.

Bring Your Witnesses

Witnesses must appear in person to testify under oath and submit to cross-examination. Written statements from people who aren't in the courtroom are hearsay and won't be admitted.

If a witness won't come voluntarily, you can request a subpoena from the District Court Clerk for $2.50. The subpoena must be personally served on the witness by a sheriff or process server. You're also required to pay the witness $30 per day plus $0.25 per mile for travel. Failure to tender these statutory fees invalidates the subpoena.

The Burden of Proof Isn't on You

The plaintiff has to prove their case by a preponderance of evidence — meaning more likely true than not. Your job as the defendant is to poke holes in that evidence: point out inconsistencies, present contrary documentation, question the plaintiff's witnesses on specifics.

If you filed a counterclaim, the burden shifts to you for that claim. You'll need to prove your counterclaim by the same standard.

Common Defendant Mistakes at the Hearing

• Interrupting the plaintiff's presentation — wait for your turn. The judge controls the proceeding.
• Bringing disorganized paperwork — loose papers in a folder waste time and look unprepared.
• Arguing about what's "fair" instead of what's documented — judges rule on evidence, not feelings.
• Forgetting the counterclaim evidence — if you filed a counterclaim, you need the same level of documentation for your claim as the plaintiff has for theirs.

The Day Before Checklist

• Confirm the hearing date, time, and courtroom location on your summons
• Three copies of all evidence, organized and labeled
• Witnesses confirmed and available
• Your opening statement practiced (two minutes, facts only)
• Arrive 15 minutes early — check in with the clerk

The Arkansas Small Claims Response Guide includes a hearing preparation outline, evidence index template, and opening statement framework built for self-represented defendants.

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