How to Prepare for Small Claims Court in Kentucky

Gather Your Evidence Early

Small claims hearings in Kentucky are bench trials — decided by a District Court Judge, not a jury. The proceedings are informal compared to general civil court, but the judge still expects organized, relevant evidence. Showing up with a stack of loose papers is a fast way to lose credibility.

Start gathering documents as soon as you file (or as soon as you are served, if you are the defendant). The types of evidence that carry the most weight in small claims:

• Contracts and agreements — the signed written contract, lease, or scope of work
• Payment records — cancelled checks, bank statements, PayPal or Venmo receipts, credit card statements
• Invoices and receipts — itemized bills showing what was charged and when
• Communications — printed email chains, text messages (showing dates, times, and phone numbers), and written letters
• Photographs and video — pictures of property damage, defective work, or the condition of a rental unit, with dates
• Repair estimates — written estimates from licensed contractors or mechanics showing the cost to fix the damage

Organize Everything Into Three Sets

Because the clerk does not serve your attachments on the defendant — Form AOC-175 explicitly states that only the complaint is served — you need to bring your evidence to the hearing yourself. Prepare three complete, identical sets:

1. For the judge — this is the official set the court reviews
2. For the opposing party — handed to them at the hearing so they can follow along
3. For you — your reference copy during testimony

Arrange each set in chronological order. Use dividers or tabs if you have more than a few documents. The easier it is for the judge to follow your timeline, the stronger your presentation.

Subpoena Witnesses If Needed

If a witness who can support your case refuses to attend voluntarily, you can compel their presence with a civil subpoena using Form AOC-025.1 (Subpoena / Subpoena Duces Tecum) under Civil Rule 45.

The subpoena must be delivered or offered to the named witness by the sheriff or any person over 18, as required by CR 45.03 — not by mail or email. If the witness lives in a different county, KRS 421.015 allows mileage at the rate paid to state employees. Serve the subpoena with enough advance notice before the trial date for the witness to arrange their schedule.

A Subpoena Duces Tecum directs the witness to bring specific documents — business records, repair logs, or communication records — to court.

Written statements from people who are not present at the hearing are generally inadmissible as hearsay. The opposing party has the right to cross-examine witnesses, and a letter or affidavit does not allow for that.

Know What to Expect at the Hearing

The hearing typically takes 15 to 45 minutes. Here is the sequence:

Check in. Arrive at least 15 minutes before your scheduled time. Check in with the clerk or courtroom deputy in the courtroom. Confirm you are in the correct courtroom — large counties like Jefferson (Louisville) and Fayette (Lexington) have multiple courtrooms.

Oath. The judge calls your case number and administers an oath to all parties and witnesses. Everything said from this point is under oath.

Plaintiff's case. The plaintiff presents first — direct testimony describing what happened, introduction of evidence exhibits, and any witness testimony. Speak to the judge, not to the other party.

Cross-examination. The defendant can ask questions about the plaintiff's testimony and evidence.

Defendant's case. The defendant presents their version, introduces their evidence, and calls their witnesses.

Plaintiff's cross-examination. The plaintiff can question the defendant and their witnesses.

Closing. Brief closing statements may be permitted at the judge's discretion. Keep it to one or two minutes summarizing the key facts and what you are asking for.

Decision. The judge may rule from the bench immediately or take the case under advisement and mail a written decision later.

Courtroom Basics

Dress professionally — business casual at minimum. Address the judge as "Your Honor." Do not interrupt the other party; you will have your turn. Turn off your phone. If you need a foreign-language interpreter, contact the court where the proceeding will occur; the court provides interpreters at no cost. For an ADA interpreter or other accommodation, contact the circuit court clerk or presiding judge as soon as possible and, if possible, no later than 48 hours before the event.

Some counties still offer remote appearances via Zoom, but this varies. Check your summons or call the clerk to confirm whether in-person attendance is required for your hearing.

If You Cannot Attend

If you are the plaintiff and do not show up, the judge will dismiss your case (usually without prejudice, meaning you can refile). If you are the defendant and do not appear after valid service, the judge does not hand an automatic win to the plaintiff — the plaintiff must still testify and present evidence, after which the judge may enter a default judgment.

If a genuine emergency prevents you from attending, file a written motion for a continuance before the hearing date.

For worksheets to organize your evidence, track deadlines, and prepare your hearing testimony, see our Kentucky Small Claims Filing Guide.

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