How to Prepare for Small Claims Court North Dakota: Evidence and Hearing Tips

North Dakota small claims hearings run about 30 minutes total — roughly 10 to 15 minutes per side. That's not much time. The cases that win aren't the ones with the most compelling stories; they're the ones where the evidence is organized, the witnesses are present, and every exhibit is ready for the judge to review immediately.

The Three-Copy Rule

Bring three physical copies of every exhibit to the hearing:

1. One set for the presiding judge or judicial referee
2. One set for the opposing party
3. One set for your own reference

Label each exhibit sequentially — Plaintiff's Exhibit A, Plaintiff's Exhibit B, and so on — with the case number. The judge expects to receive a clean, labeled stack they can flip through while you explain your case.

What Counts as Evidence

Anything that documents the dispute and the amount owed:

• Contracts and agreements — the written deal, including any amendments
• Invoices and receipts — what was charged and what was paid
• Photographs — before-and-after shots of property damage, defective work, the condition of a rental unit at move-out
• Text messages and emails — printed copies showing the full conversation thread with dates
• Bank statements or cancelled checks — proving payments you made
• Repair estimates — but only if the person who wrote the estimate testifies in person

The Hearsay Rule Still Applies

Even though small claims hearings are informal, written statements from people who don't show up in court are hearsay and won't be admitted. This trips people up constantly.

If you have a mechanic's repair estimate, the mechanic needs to be in the courtroom to testify about it. A signed letter from a friend who witnessed the damage won't be accepted unless that friend testifies live. Written affidavits from absent witnesses are inadmissible.

If a critical witness won't come voluntarily, you can request a subpoena through the Clerk of District Court ($20 issuance fee). The witness must also receive statutory attendance and mileage fees.

Laying Foundation for Exhibits

Before the judge will accept a document or photo as evidence, someone with first-hand knowledge must testify about it. That means explaining:

• What the document is
• How it was created
• That it's accurate

You can do this yourself for contracts you signed, invoices you received, photos you took, and text messages from your own phone. But for third-party documents (a contractor's quote, a bank record, a repair shop's assessment), the person who created or maintains that record should testify.

What to Expect at the Hearing

The hearing follows a set sequence:

1. Oath: the judge swears in everyone who will testify
2. Plaintiff's case: you present your facts in order, show your exhibits, and call any witnesses
3. Defendant's case: they respond with their version and their own evidence
4. Questions from the judge: the judge can ask either side anything — this is common in small claims and not a sign that something is going wrong

The judge may announce a decision from the bench or take the matter under advisement and mail the written judgment later. Either way, the decision is final — small claims judgments in North Dakota cannot be appealed.

Practical Tips

• Arrive 30 minutes early to find the courtroom and settle in
• Dress presentably — it signals you take the proceeding seriously
• Stick to the facts and the timeline — the judge has heard the emotional version before
• If you have audio or video evidence on a phone or USB drive, check with the clerk beforehand to confirm the courtroom has compatible playback equipment
• Redact sensitive information (Social Security numbers, bank account numbers, birth dates) from any documents you submit

The North Dakota small claims filing guide includes an evidence binder index template and hearing-day checklist to keep your preparation on track.

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