How to Prepare for Small Claims Court Colorado: Evidence, Exhibits, and Hearing Day

The Rule of Three

The single most important preparation detail: bring three identical physical sets of every exhibit. One for the judge or magistrate, one for the opposing party, and one for yourself. The court expects this and you will be asked to hand out copies during testimony.

Label plaintiff exhibits with numbers (Exhibit 1, Exhibit 2, etc.) in the order you plan to introduce them. If you are the defendant, label yours with letters (Exhibit A, Exhibit B, etc.).

What Counts as Evidence

Under C.R.C.P. Rule 512, formal rules of evidence do not apply in small claims. The judge admits relevant, non-cumulative evidence while preserving legal privileges. That works in your favor — the formal hearsay and authentication rules used in regular court do not apply in the same way.

Common types of evidence in Colorado small claims cases:

• Contracts and agreements — written or emails confirming terms
• Invoices and payment records — bank statements, canceled checks, receipts
• Photos and videos — of property damage, completed or incomplete work, unit condition at move-in/move-out
• Text messages and emails — showing communications, promises, or admissions
• Inspection reports and repair estimates — from licensed contractors, mechanics, or other professionals
• The demand letter and proof of delivery — certified mail receipt and return card

Print Everything

Do not plan to show the judge photos on your phone. Digital evidence — text messages, email threads, photos, videos — must be printed or transferred to physical media like a flash drive compatible with the courtroom's equipment. A printed text message chain with timestamps, arranged chronologically, is far more effective than scrolling through a phone screen while the judge waits.

Witness Testimony

If a witness will help your case — a contractor who inspected the defective work, a neighbor who saw the damage, a friend who witnessed the transaction — ask them to come to the hearing.

If they will not attend voluntarily, you can compel them with a subpoena (Form JDF 254). File the subpoena request with the clerk, pay the $8 fee, and have someone over 18 who is not a party serve the subpoena personally. You must also provide the witness with a $20 daily attendance fee and $0.58 per mile traveled.

Written witness statements can be submitted, but the opposing side may challenge them. Live testimony carries more weight.

Expect Mediation First

Many Colorado courts schedule mediation either on the morning of your trial date or at a separate session before it. A mediator — typically from the court's Office of Dispute Resolution or an approved community program — works with both parties to reach a settlement.

If you settle, the terms get recorded on Form JDF 75 (Stipulation), which becomes a binding court order. The trial is canceled. Come prepared with a clear idea of what settlement amount or payment plan you would accept, because mediation moves fast.

The Hearing Itself

If mediation does not produce a deal, the hearing follows a standard sequence:

1. Check in with the clerk or bailiff when you arrive
2. The judge swears in both parties and all witnesses
3. Plaintiff presents first — your opening testimony, walk through the facts, introduce your exhibits
4. The defendant asks questions about your evidence
5. Defendant presents their side, exhibits, and witnesses
6. You ask questions about the defendant's evidence
7. The judge may ask questions of both sides
8. Ruling — the judge decides from the bench or takes the case under advisement and issues a written decision later

Keep your presentation organized and chronological. State the facts, point to the relevant exhibit, and explain what each document shows. The judge will ask if anything is unclear.

After the Ruling

If you win, the judgment amount becomes a legal obligation of the defendant. The court does not collect the money — if the defendant does not pay voluntarily, you pursue collection through separate proceedings like wage garnishment or bank levy.

An initiating plaintiff cannot appeal an adverse judgment on their own claim, but may appeal an adverse ruling on a counterclaim they defended. A defendant may appeal an adverse judgment within 14 days.

Hearing preparation is where organized filers separate from everyone else. The Colorado small claims filing guide includes exhibit cover sheets, an evidence index template, and a day-of-hearing checklist so you walk in ready.

See more Colorado guides →