PEI Small Claims Hearing: What to Expect and How to Prepare

The hearing notice arrives and suddenly it feels real. Most self-represented litigants in PEI walk into the courtroom unsure of what to bring, when to speak, or how formal the process actually is. Here is what to expect.

Before the Hearing

Organize Your Documents

Bring three copies of every document: one for the judge, one for the other side, and one for yourself. Organize them in the order you plan to present them — chronological usually works best.

Your evidence package should include everything you attached to your Statement of Claim (Form 7A) plus anything gathered since filing: updated invoices, repair estimates, additional photographs, email exchanges. Keep originals available — the judge may ask to see them.

Witnesses

If someone saw what happened or can confirm your version of events, bring them. Willing witnesses can attend voluntarily. Unwilling ones need a Summons to Witness (Form 18A) — once served, they are legally compelled to attend. You are responsible for their attendance allowance ($25 per half-day) and travel costs.

Prepare your witnesses before the hearing. They should know what questions you will ask and what documents they may be shown. They cannot sit in the courtroom during other testimony — the judge may ask witnesses to wait outside until called.

What to Wear and How to Address the Court

There is no dress code, but business casual signals that you take the process seriously. Address the judge as "Your Honour" or "Justice." Stand when speaking unless told otherwise. Do not interrupt the other side — you will get your turn.

At the Hearing

The Settlement Conference

Many PEI small claims cases go through a settlement conference before trial. A judge or prothonotary meets with both parties to see if the dispute can be resolved without a full hearing. If you reach an agreement, it is recorded as a consent order and becomes enforceable.

If settlement fails, the matter proceeds to a hearing.

The Hearing Itself

Small claims hearings are less formal than regular trials, but they still follow a structure:

1. The plaintiff presents first. You explain your claim, walk through your evidence, and call your witnesses.
2. The defendant cross-examines. They can ask you and your witnesses questions.
3. The defendant presents. They give their side, present evidence, and call their witnesses.
4. The plaintiff cross-examines. You ask questions about the defendant's evidence.
5. Closing statements. Each side summarizes their position.

The judge may ask questions at any point. Answer directly and honestly — do not guess or speculate. If you do not know something, say so.

Evidence Rules

Rule 74.18 governs evidence at trial. Bring copies for the judge and the other side, and keep originals available in case the judge asks to see them.

After the Hearing

The judge may give a decision immediately or reserve judgment for a later date. Either way, you receive the decision in writing. If you win, the judgment states the amount owed plus any interest and costs awarded.

If the defendant does not pay voluntarily, enforcement tools (garnishment, execution orders) are available. Final decisions of the Small Claims Section may be appealed to the Prince Edward Island Court of Appeal; check the Court of Appeal's instructions for the appeal process and deadline.

The PEI Small Claims Filing Guide includes a hearing preparation checklist and a witness preparation sheet.

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