$0 Illinois Small Claims Filing Checklist

What to Expect at an Illinois Small Claims Court Hearing

How Illinois Small Claims Hearings Actually Work

Illinois small claims cases are tried by the court unless a party makes a timely jury demand under Supreme Court Rule 285. A plaintiff must demand a jury when the action is commenced; a defendant must demand one by the date they are required to appear. Without a jury demand, the judge decides the case; with a jury demand, the jury decides the facts. Under Supreme Court Rule 286(b), the judge can relax formal evidence rules and ask questions directly. That sounds informal, but it still moves fast. The judge expects you to present organized proof, not a narrative.

Both sides get a chance to speak, show documents, and call witnesses. In a bench trial, the judge may interrupt to clarify facts and may ask you to explain what happened while reviewing your complaint and evidence.

If the case is tried by the judge, the person who filed the claim goes first, walks through the facts, presents documents, and answers questions. Then the defendant responds. The judge enters a written judgment; when a decision is issued depends on the case and local court practice.

What to Bring to Court

Your evidence binder is the single most important thing you carry into the courtroom. Organize it chronologically with tabs:

  • The contract, lease, or invoice — the original or a clear copy. Under 735 ILCS 5/2-606, if your claim is based on a written agreement, you should have already attached it to your complaint.
  • Proof of payment — cancelled checks, bank statements, Venmo or Zelle screenshots showing money transferred.
  • Photographs — date-stamped images of property damage, incomplete work, or the condition of a rental unit.
  • Written communications — printed text messages, emails, or letters between you and the other party. Chronological order, highlighted where relevant.
  • Repair estimates or receipts — if you are claiming a specific dollar amount for damage, bring written quotes or invoices from third parties.

Make three copies of everything: one for the judge, one for the other side, and one for yourself.

Witnesses and Subpoenas

Witnesses must testify in person or via approved video call — written letters or affidavits from people who are not present are hearsay and generally inadmissible. If a witness agrees to come voluntarily, confirm the date and courthouse location with them.

If someone refuses to appear, you can compel their attendance with a subpoena under 735 ILCS 5/2-1101. The subpoena must be served personally and include the statutory witness fee of $20 per day plus mileage at $0.20 per mile round-trip. Ask the circuit clerk's office about the subpoena form for your county.

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Remote Hearings

Many Illinois circuit courts still offer remote hearings under Supreme Court Rule 45. If your case is scheduled remotely, e-file your exhibits 3 to 7 days before the hearing date so the judge and opposing party can review them. Join the video call 15 minutes early, keep your camera on, and have your evidence binder open beside you.

If you get disconnected, call the circuit clerk's office immediately — courts treat unexplained absences as failures to appear.

What Happens After the Hearing

The judge enters a written Judgment Order. If you win, the order states the dollar amount the defendant owes. Winning does not mean the court collects the money for you — that is a separate enforcement process involving citations to discover assets or wage garnishment proceedings.

If you lose, you can file a Motion to Vacate within 30 days under 735 ILCS 5/2-1301(e), or appeal under Supreme Court Rules 301 and 303 within 30 days of the judgment.

Feeling uncertain about organizing your filing packet, evidence, and deadlines? The Illinois Small Claims Filing Guide walks you through every step from demand letter to courtroom, with printable checklists and a deadline tracker.

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