NC Small Claims Court Hearing Preparation

The Five Stages of a Magistrate Hearing

NC small claims hearings follow a structured sequence, even though the courtroom feels less formal than District or Superior Court. Knowing the order helps you prepare the right material for the right moment.

1. Introduction and swearing-in. The magistrate identifies both parties, confirms service was properly completed, and places everyone who will testify under oath.

2. Plaintiff's case. The plaintiff goes first — they testify, call witnesses, and present physical exhibits (contracts, invoices, photos). They must prove every element of their claim by the greater weight of the evidence.

3. Your cross-examination. After each plaintiff witness finishes, you get to ask questions about what they just said. Stick to facts. This isn't a TV courtroom — pointed, calm questions work better than dramatic accusations.

4. Your case. Now you present your defense. You testify under oath, call your own witnesses, introduce your exhibits, and present any counterclaim you filed beforehand.

5. Judgment. The magistrate may rule immediately or reserve judgment. If reserved, the written decision generally must come within 10 calendar days; in a complex summary-ejectment case, it must come within 5 business days.

What to Bring

Magistrates will not review evidence on your phone. Everything needs to be printed. Follow the three-copy rule:

• Copy 1 for the magistrate (submitted into the court record)
• Copy 2 for the opposing party
• Copy 3 for yourself to reference while testifying

Your Evidence Checklist

The specific documents depend on your dispute, but these cover the most common defendant scenarios:

• Contracts or written agreements — the original terms, any amendments or change orders
• Communications — printed text messages, emails, or letters showing what was discussed or agreed
• Photos with dates — property condition, completed work, vehicle condition at time of sale
• Payment records — bank statements, cancelled checks, Venmo/Zelle screenshots showing payments already made
• Receipts and invoices — what you paid, what was quoted, what was delivered
• Inspection reports or estimates — especially for contractor or property damage disputes
• A written timeline — dates of key events in chronological order, for your own reference while testifying

Organize exhibits in order. Label them (Exhibit A, Exhibit B, etc.). A clear, organized presentation makes a measurable difference — magistrates in some NC counties process dozens of cases per session.

Witnesses: Voluntary or Subpoenaed

If someone saw the events in dispute — a neighbor who witnessed the property condition, a friend who was present during a transaction — their testimony could matter. But written statements and affidavits from absent witnesses are generally inadmissible as hearsay. Your witness needs to show up in person.

If a witness won't come voluntarily, you can subpoena them through Form AOC-G-100. The subpoena must be issued by the Clerk of Superior Court, a magistrate, or a licensed attorney, then served by the sheriff ($30 fee) or by any non-party adult via personal delivery or certified mail.

If You Need a Language Interpreter

The NC courts provide certified interpreters at no cost. Submit a request to your county's Language Access Coordinator or file it online through nccourts.gov before the hearing. Family members and friends are not permitted to interpret in court proceedings.

The Burden of Proof Is on the Plaintiff

This is worth emphasizing: the plaintiff must prove their case by the greater weight of the evidence. If they can't establish every element of their claim, the magistrate should dismiss it — even if you presented a weak defense or no defense at all. Your job is to challenge their evidence and present your version of events. You don't have to prove you're innocent; they have to prove you owe.

Prepare Systematically

The Responding to a Small Claims Case in North Carolina guide includes a Hearing Day Preparation Checklist and Evidence Inventory worksheet so nothing gets forgotten between now and your court date.

See more North Carolina guides →