NJ Small Claims Court Hearing: What to Expect

The Hearing Runs in a Fixed Sequence

New Jersey small claims hearings follow a set order, and understanding it ahead of time removes most of the guesswork. The process can happen in a single court session; if mediation does not resolve the case, the same-day trial depends on the court schedule.

Calendar call. The clerk calls each docket number and checks that both parties are present. If the defendant does not answer, the judge can enter a default judgment. If the plaintiff does not show, the case is typically dismissed.

Mandatory mediation. Every contested Small Claims case is referred to a court-connected settlement conference before it reaches a judge. Trained mediators — court staff or volunteers — try to help you and the plaintiff reach an agreement. Mediation is free, and attendance is required. The mediator cannot force a settlement or decide who is right.

Bench trial. If mediation fails, you return to the courtroom. The judge swears in both parties and any witnesses under oath. The plaintiff presents their case first — testimony, documents, photos. You get to cross-examine. Then you present your defense, and the plaintiff can cross-examine you.

Judgment. The judge either announces a decision from the bench or reserves it for a later written order.

What Mediation Actually Looks Like

Mediation catches many defendants off guard because it feels like pressure to settle before seeing a judge. It is not a trial. The mediator is a neutral facilitator with no authority to impose terms.

Anything you say during mediation is confidential under N.J.R.E. 519 and cannot be used against you if the case goes to trial. You are free to make an offer, reject the plaintiff's proposal, or simply say you want to proceed to trial. The mediator cannot penalize you for declining to settle.

If you do reach an agreement, get it in writing before you leave the courtroom or end the video session. The two most common outcomes are a Stipulation of Settlement (a payment plan with specific dates and default provisions) or a Consent Judgment (a formal judgment entered on the docket but stayed while you make payments).

How to Present Your Defense

When the plaintiff finishes, it is your turn. Speak directly to the judge, not the plaintiff. State the facts in order — what happened, when, and what evidence supports your version.

As a practical preparation step, bring three copies of every document: one for the judge, one for the plaintiff, and one for yourself. Label each exhibit (Defendant Exhibit D-1, D-2, and so on). Contracts, invoices, receipts, photos, text messages, and repair estimates are all commonly accepted.

One critical rule: written statements from people who are not in the courtroom are hearsay and will be excluded. If a witness has relevant information, they must appear in person or via the court's approved video platform to testify and answer cross-examination questions. If a witness refuses to come voluntarily, you can issue a subpoena under Rule 1:9-1.

The Judge's Decision

Small Claims trials are bench trials — there is no jury. The judge weighs the evidence, applies the law, and enters a monetary judgment for one side or dismisses the case. The standard of proof is preponderance of the evidence, meaning whoever's version is more likely true prevails.

The judgment specifies the dollar amount awarded plus court costs and post-judgment interest. Either side can appeal within 45 calendar days to the Appellate Division, though an appeal reviews the record for legal or factual errors — it is not a new trial.

For a complete hearing preparation framework including an evidence assembly worksheet and a hearing-day checklist, the New Jersey Small Claims Response Guide covers every step from calendar call through post-decision options.

See more New Jersey guides →