How to Prepare for Small Claims Court in Indiana

You have filed your Notice of Claim, the defendant has been served, and a hearing date is on the calendar. Now comes the part that actually determines whether you win: preparation. Indiana small claims hearings move quickly, and a disorganized presentation is the fastest way to lose a case you should have won.

How Evidence Works in Indiana Small Claims

Indiana Small Claims Rule 8(A) makes hearings informal compared to regular civil trials. The formal Indiana Rules of Evidence do not apply. Hearsay is admissible — you can read a text message, quote what someone told you, or present a letter from a third party.

But there is a critical limit: the judge cannot base a final judgment solely on uncorroborated hearsay. If your entire case is "he told me he would pay" with no documentation, you need something more — a written agreement, a bank record, a text message, or a witness.

Organize Your Exhibits

Prepare three complete physical copies of every document you plan to present: one for the judge, one for the opposing party, and one for the witness stand. Courts require this — showing up with a single copy forces the judge to pass papers back and forth, which wastes time and signals you are unprepared.

Organize exhibits in chronological order and create an index. A simple numbered list works:

• Exhibit 1: Signed contract (dated March 15, 2025)
• Exhibit 2: Bank transfer confirmation ($4,500 deposit)
• Exhibit 3: Demand letter sent by certified mail (April 10, 2025)
• Exhibit 4: Certified mail return receipt (signed April 13, 2025)
• Exhibit 5: Text messages showing contractor cancellation

Print all photographs. Courts will not scroll through photos on your phone. Color prints on standard paper are fine.

Audio or video evidence goes on a USB drive. Courts keep admitted exhibits permanently and will not accept evidence that requires your personal device to play. Format recordings on a USB flash drive clearly labeled with your case number.

Prepare Your Statement

You will get a few minutes to tell the judge your side. Practice a concise summary: who owes you money, why, how much, and what evidence proves it. Stick to facts and dates — courts respond to specifics, not emotional appeals.

A simple structure: "On [date], I hired [defendant] to [do work]. I paid [amount] on [date]. [Defendant] did not complete the work. I sent a demand letter on [date]. I am asking for [amount]."

Arrange Your Witnesses

If a witness saw the events — the neighbor who watched the contractor walk off the job, the friend who was present when the agreement was made — ask them to attend. If a witness refuses to come voluntarily, you can request the court clerk issue a subpoena under Indiana Trial Rule 45. Serve the subpoena at least seven to fourteen days before the hearing.

Subpoenaed witnesses are entitled to $5 per day plus mileage at the state rate. You pay this when you serve the subpoena.

One limitation: you cannot compel an expert (an engineer, appraiser, or mechanic) to offer a professional opinion through a standard subpoena. Expert testimony requires a private arrangement.

Give Exhibits to the Other Side

Local court rules — particularly in Marion County — require you to provide copies of your exhibits to the opposing party before the hearing begins. Even where the local rules do not mandate it, sharing exhibits early avoids objections and delays. The judge will not be impressed if the defendant sees your evidence for the first time on the stand.

What to Bring on Hearing Day

• Three sets of every exhibit, indexed and in order.
• Your original Notice of Claim filing confirmation.
• Proof of service (certified mail receipt or sheriff return).
• Any demand letters and their delivery receipts.
• Photo ID.
• A pen and notepad for taking notes during the defendant's presentation.

The Indiana Small Claims Filing Guide includes a hearing evidence index worksheet and a courtroom preparation checklist so nothing gets left behind.

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