New Hampshire Small Claims Hearing: How to Prepare

Mediation Comes First

Before you reach a trial, New Hampshire routes your case through a pretrial hearing — and depending on your claim size, mediation may be mandatory.

Claims over $5,000: Mandatory mediation under RSA 503:1 and Rule 4.4. The mediation session happens at the courthouse on the scheduled pretrial hearing date. Both parties must attend. If the plaintiff skips it, the case is dismissed. If the defendant skips it, the court enters a default judgment.

Claims at $5,000 or under: Mediation is voluntary. Either side can request it at the pretrial hearing, and the other side can agree or decline.

If mediation resolves the dispute, both parties sign an agreement (Form NHJB-2857-De or NHJB-2202-DFPe) that the judge approves. That agreement becomes a binding, enforceable court order. If mediation fails, the case moves directly to the hearing — sometimes the same day.

What to Bring

The judge makes a decision based on what you present. There is no second chance to introduce evidence you forgot:

Contracts and agreements — the original or a clear copy of any written contract, invoice, estimate, or receipt that establishes the transaction and the amount owed.

Communications — printed copies of emails, text messages, and letters between you and the defendant. Screenshots are acceptable but should show dates, sender/recipient, and full context. Print them out — do not plan to show the judge your phone screen.

Photographs and videos — of property damage, defective work, the condition of an apartment at move-out, or anything else that documents the physical facts of your dispute.

Financial records — bank statements, payment receipts, cancelled checks, or wire transfer confirmations showing what you paid and when.

Demand letter and mailing receipt — if you sent a pre-suit demand, bring the letter and the certified mail return receipt or tracking confirmation.

Witness list — if you have witnesses who can testify to relevant facts, coordinate their attendance. You can compel a reluctant witness with a court subpoena (issued through the clerk's office), but you must pay statutory witness fees at the time of service: $12 per half-day of attendance plus $0.17 per mile for travel.

Upload all exhibits through TurboCourt or File & Serve before the hearing. Bring physical copies as well.

How Evidence Rules Work

District Division Rule 4.5 explicitly waives the formal New Hampshire Rules of Evidence in small claims proceedings. This means the judge can accept and consider:

• Hearsay (someone telling you what a third party said)
• Unauthenticated documents
• Text messages and screenshots
• Informal testimony

The bar for admissibility is relevance and credibility, not the technical requirements of a formal trial. That said, "anything goes" does not mean "everything works." Organized, documented evidence is still far more persuasive than a rambling verbal account.

Discovery Is Banned

There is no pre-trial discovery in small claims. You cannot send interrogatories, schedule depositions, or demand the other side produce documents before the hearing. The only exception: a judge can order limited discovery during the pretrial hearing if extraordinary circumstances justify it. Do not count on this.

Gather your evidence independently — through your own records, public records searches, and willing witnesses.

What Happens at the Hearing

Both parties are placed under oath. The plaintiff presents first: a factual narrative of the dispute, supported by documents and witness testimony. The defendant responds with their version. The judge may ask questions throughout.

The atmosphere is informal compared to regular court. There is no jury (unless the defendant demanded a transfer to Superior Court). The judge typically issues a decision the same day or mails a written decision shortly after.

If You Cannot Attend

If the plaintiff fails to appear at the trial, the court dismisses the case. If the defendant fails to appear, the court enters a default judgment for the plaintiff — provided the Military Service Statement is on file.

If you have a genuine emergency, contact the court clerk before the hearing date to request a continuance. Do not assume the case will simply be rescheduled.

Get Hearing-Ready

Our New Hampshire small claims filing guide includes a Hearing Preparation Sheet that walks you through organizing your evidence, preparing your narrative, and anticipating the defendant's arguments — so you show up ready, not scrambling.

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