How to Prepare for Small Claims Court Manitoba
How Manitoba Small Claims Hearings Work
Manitoba Small Claims hearings happen in two stages. The first appearance is a teleconference — call-in details are printed right on your stamped Form 76A. This first call is administrative: the Court Officer confirms service, checks whether the claim is contested, and schedules a trial date if needed.
If the defendant disputes the claim, the contested hearing takes place on Microsoft Teams unless a Court Officer or judge orders an in-person appearance. This has been the standard since the March 2023 virtual hearing practice direction.
Build Your Evidence Binder
Small Claims Court operates with relaxed rules of evidence — a Court Officer can consider oral testimony, documents, or exhibits they find relevant, reliable, and trustworthy. But "relaxed" does not mean "disorganized." A clear evidence package makes your case easier to follow and harder to dismiss.
Organize your materials in a binder (physical or digital, since hearings are on Teams) with tabbed sections:
- Chronological summary — a one-page timeline of events with dates
- Contracts and agreements — the written deal, quote, or invoice
- Payment records — bank statements, receipts, e-transfer confirmations
- Communications — emails, text messages, and letters, in date order
- Photographs — labelled with dates and descriptions
- Repair estimates or expert quotes — third-party documentation of your loss
- Demand letter and tracking receipt — proof you tried to resolve this first
Make three copies: one for the Court Officer, one for the opposing party, and one for yourself. Under current practice directions, you need to submit electronic evidence packages ahead of the virtual hearing and exchange copies with the other side.
Plan Your Presentation
You will be asked to explain your claim. Keep it structured and factual — Court Officers hear dozens of cases and appreciate brevity.
A simple framework: state who you are, what happened (chronologically), what you lost (with the exact dollar figure), and what evidence supports each point. Three to five minutes of focused explanation is more effective than twenty minutes of rambling.
Do not argue the law — just present the facts and let the Court Officer apply the rules. Do not interrupt the defendant when they speak. Do not get emotional, even if the defendant says things you disagree with.
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Bringing Witnesses
You can bring witnesses who have direct knowledge of the facts. Voluntary witnesses join the teleconference or Teams hearing using the provided credentials — no special paperwork needed.
If a witness refuses to appear voluntarily, you can compel their attendance with a Subpoena to Witness from the court registry. The subpoena must be served personally at least 3 days before the hearing, and you must pay conduct money (a statutory travel and daily allowance under Tariff B of the Court of King's Bench Rules) at the time of service. An Affidavit of Service (Form 16B) proving service and payment goes to the court before the hearing.
What the Court Officer Decides
After hearing both sides, the Court Officer may deliver a ruling on the spot or reserve their decision. Either way, the court issues a Certificate of Decision — the formal judgment. A copy is mailed to everyone involved.
The Court Officer can award the claimed amount (up to $20,000), plus pre-judgment interest and a modest costs award (capped at $100 by statute). They can also dismiss the claim entirely or reduce the award if the evidence does not support the full amount.
Get Hearing-Ready
The difference between winning and losing often comes down to preparation — organized evidence, a clear presentation, and knowing what to expect on the call. The Making a Small Claim in Manitoba guide includes an evidence binder organizer, a hearing preparation checklist, and a presentation outline so you walk into the hearing confident in your material.
Get Your Free Manitoba Small Claims Filing Checklist
Download the Manitoba Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.