How to Prepare for Small Claims Court in Newfoundland and Labrador

A Settlement Conference May Come First

When the defendant files a Reply, the court may schedule a settlement conference and must give at least 14 days notice. The court may instead set a trial date without holding a settlement conference.

A Provincial Court judge or a designated court officer presides. The goal is to see if both sides can reach an agreement without a full hearing. Everything said at the conference is strictly confidential and without prejudice — meaning it cannot be used against you at trial if the conference fails.

You must attend. If you are suing a corporation, it must send someone with full authority to settle. Showing up without settlement authority is treated the same as not showing up at all.

If the conference produces an agreement, it gets formalized as a Consent Judgment (Form 17) — a binding, enforceable court order. If it does not, the case proceeds to trial and the court sets a hearing date.

The 3-Day Document Exchange Rule

This is the procedural requirement that trips up the most self-represented litigants. Under Rule 9 of the Small Claims Rules, at least 3 clear days before your trial, application, or settlement conference, you must file a list of the documents you plan to use with the court (without copies) and serve the list and full copies on every opposing party:

• A complete list of every document, photograph, receipt, contract, and expert report you plan to rely on
• Full copies of each listed document

"Clear days" means you exclude the day you serve and the day of the hearing. For a Thursday hearing, serve by Sunday at the latest.

Rule 13 has separate 14-day deadlines for repair or property-value estimates and expert evidence before trial, unless a judge permits otherwise.

If you show up to trial with evidence you did not disclose, the judge can refuse to admit it. Or they can adjourn the hearing with cost penalties assessed against you. Neither outcome helps your case.

Organizing Your Evidence

Small Claims Court operates under relaxed evidentiary rules compared to Supreme Court — the judge has discretion to receive evidence in whatever manner they consider fair and practical. But "relaxed" does not mean "anything goes." You still need:

Contracts and written agreements. The original or a clean copy of whatever document created the obligation — a signed quote, a purchase agreement, a written contract.

Financial records. Bank statements showing payments, e-transfer confirmations, invoices, receipts. Itemize every dollar you are claiming.

Photographs. Timestamped photos of damaged property, incomplete work, defective goods. Print hard copies — do not assume the courtroom will have a screen for displaying phone photos.

Communications. Text messages, emails, and letters between you and the defendant that show what was agreed and what went wrong. Print these in chronological order.

Expert reports. If your claim involves damage assessment (a mechanic's report on vehicle defects, a contractor's estimate for repair costs), include the report and be prepared for the expert to be questioned on it.

Getting Witnesses to Court

If a witness agrees to come, no paperwork is needed — they simply show up. But if someone refuses to attend voluntarily, you can compel them with a Subpoena to Witness (Form 7).

To make the subpoena legally binding, you must serve it in a manner allowed by Rule 21 and offer the statutory witness fee plus reasonable estimated travel expenses at the time of service.

A properly served witness who does not show up faces a Warrant of Arrest or contempt proceedings. But that outcome helps nobody — start the subpoena process early enough that the witness has no logistical excuse.

What Happens at Trial

All testimony is given under oath or solemn affirmation. The court records everything via sound recording technology.

The typical sequence:

1. The judge gives opening directions
2. You (the plaintiff) present your case — sworn testimony, witness examination, exhibit submission
3. The defendant cross-examines you and your witnesses
4. The defendant presents their case — sworn testimony, their witnesses, their exhibits
5. You cross-examine the defendant and their witnesses
6. Both sides give closing summaries
7. The judge delivers a decision — either immediately from the bench or later in writing

Representation Options

You can appear on your own, hire a lawyer, use an articled clerk, or have a lay agent represent you with the court's permission. Most people represent themselves. Lawyer fees generally are not recoverable as part of a judgment, so hiring a lawyer for a small claim often costs more than the claim itself.

The Newfoundland and Labrador Small Claims Filing Guide includes a hearing preparation checklist and an evidence indexing template so you walk into the courtroom with everything organized in the order you will need it.

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