How to Prepare for a Small Claims Court Hearing in New Brunswick

What a Small Claims Hearing Looks Like

New Brunswick Small Claims Court hearings are designed to be informal compared to a regular courtroom trial. An Adjudicator (not a judge) presides, and the rules of evidence are relaxed — there's no requirement for lawyers, formal legal arguments, or complex procedural motions. But "informal" doesn't mean unprepared. The Adjudicator will still expect organized evidence, coherent testimony, and respect for the process.

Hearings are held at the courthouse in the judicial district where you filed. You'll receive a Notice of Hearing by mail with the date, time, and location. Plan to arrive at least 15 minutes early.

Organize Your Evidence

The single biggest advantage a self-represented claimant can have is organized evidence. The Adjudicator hasn't read your file beforehand — they learn about your case from what you present at the hearing.

Build an evidence binder with numbered tabs. Include:

• Contracts, invoices, or receipts that establish the agreement or transaction
• Correspondence — emails, text messages, letters — showing what each side communicated
• Photographs documenting damage, defective work, or the condition of goods
• Repair estimates or quotes from qualified professionals
• Bank statements or payment records showing what you paid
• Your demand letter and proof it was sent (registered mail receipt, courier tracking)
• A chronological timeline of key events

Bring four complete sets of everything: one for yourself, one for the Adjudicator, one for the other side, and one for the witness stand. The Adjudicator may ask to keep a set.

Bring Your Witnesses

If a witness saw what happened — the state of the contractor's work, the conversation where the defendant agreed to pay — their live testimony carries far more weight than a written statement. Written statements are hearsay and the Adjudicator may give them less weight or decline to consider them.

To compel a reluctant witness, serve a Summons to Witness (Form 12) along with conduct money: $35 per full day of attendance, $18 per half-day, $0.20 per kilometre for travel, and $30 per night if overnight accommodation is needed. Serve it well before the hearing date — a last-minute summons may not be enforceable.

Prepare Your Presentation

You'll be asked to present your side of the story. Keep it structured:

1. State what you're claiming and how much — the Adjudicator wants the bottom line first
2. Walk through the facts chronologically — what happened, when, and what the defendant did or failed to do
3. Point to your evidence as you go — "Tab 3 is the contract showing the agreed price" is far more effective than waving a stack of papers
4. Explain your damages — how you calculated the amount and what documents support each component

Don't read from a script word-for-word, but having a written outline keeps you on track when nerves kick in.

What to Expect From the Other Side

The defendant (or their representative) will also present evidence and may cross-examine you. Stay calm, answer questions directly, and don't argue with the other party — address the Adjudicator instead.

The Adjudicator may ask questions of both sides. They're trying to understand the facts, not catch you out. Answer honestly — if you don't know something, say so.

After the Hearing

The Adjudicator may announce a decision immediately or reserve judgment and mail the decision later. Once a Formal Judgment (Form 14) is issued by the clerk, it can be enforced through the Court of King's Bench if the defendant doesn't pay voluntarily.

If you disagree with the decision, appeals are limited to questions of law or jurisdiction — you can't re-argue the facts on appeal.

The Toolkit for Hearing Day

Our Making a Small Claim in New Brunswick guide includes a hearing preparation checklist, an evidence bundle index template, and a step-by-step walkthrough of what to say and when.

See more New Brunswick guides →