What to Expect at a Small Claims Court Hearing in Newfoundland as a Defendant
The Hearing Is More Structured Than You'd Expect
If your settlement conference didn't produce an agreement, the case moves to a trial hearing before a Provincial Court judge. Under Rule 13 of the Small Claims Rules, the judge has authority to relax formal rules of procedure and evidence to keep things moving — but the hearing still follows a predictable sequence, and both sides are expected to come organized.
Small claims hearings are open to the public, conducted under oath, and recorded. The judge's decision is a binding court order.
How the Hearing Unfolds
The plaintiff goes first. The plaintiff gives an opening statement, then presents their case. This means calling witnesses (who testify under oath), submitting documents into evidence, and explaining why they're owed the claimed amount.
You cross-examine. After each of the plaintiff's witnesses testifies, you get the chance to ask them questions. This is your opportunity to challenge their version of events — point out inconsistencies, question the accuracy of their receipts or estimates, or highlight facts they left out. Ask questions; don't argue or make speeches.
Your turn to present. Once the plaintiff's case is done, you present your defence. Give your own sworn testimony, call any witnesses you have, and submit your documents. If you filed a counterclaim, this is also when you present the evidence supporting it.
The plaintiff cross-examines you. Just as you questioned the plaintiff's witnesses, the plaintiff (or their lawyer) gets to question you and your witnesses.
The judge decides. After both sides finish, the judge may issue a decision from the bench immediately or reserve judgment and mail a written decision later. Either way, the formal order is entered on Form 10.
Preparing Your Evidence
The documents and evidence you bring to the hearing can make or break your case. Start organizing well before the trial date:
Gather everything relevant. Contracts, invoices, receipts, text messages, emails, photographs, repair estimates — anything that supports your version of events. Rule 3(7) requires a plaintiff whose claim is for vehicle damage from a motor vehicle accident to attach an itemized estimate from a qualified mechanic or a receipt for completed repairs by a qualified mechanic to the Statement of Claim. Any repair or property-value estimate must also be served on all parties at least 14 days before trial unless a judge orders otherwise. Repair records and estimates can also support your defence or counterclaim.
Make copies. Bring the originals for the judge and organized copies for the plaintiff. Having a tabbed binder with each document numbered makes it easy to refer to specific items during testimony.
Exchange documents in advance. Rule 9 requires each party to file a list of documents with the court and serve the list and copies of the documents on the other party at least 3 days before the trial. Repair and property-value estimates have the separate 14-day deadline above. If you show up with surprise evidence that the other side has never seen, the judge may refuse to admit it or may adjourn the hearing — neither of which helps you.
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Witnesses
Voluntary witnesses are people willing to come and testify on your behalf. Coordinate with them early so they know the date, time, and location.
Reluctant witnesses can be compelled to attend using a Subpoena to Witness (Form 7), issued by the court registry under section 9 of the Small Claims Act. You must serve the subpoena personally on the witness, along with the attendance fees set out in the Rule 24 fee schedule, well before the hearing date.
Written statements or affidavits from witnesses who don't show up aren't a reliable substitute. If the other side objects and wants to cross-examine the witness, the judge can exclude the written statement entirely.
What to Do at the Hearing
Be direct and factual. Stick to what you know and what you can prove. The judge is looking for credible testimony, not emotional appeals.
Answer questions honestly. When the plaintiff cross-examines you, answer the question asked — don't volunteer information or try to redirect. If you don't know the answer to something, say so.
Address the specific claims. The plaintiff's Statement of Claim lays out specific allegations. Your defence should respond to each one directly. If they claim the renovation was incomplete, explain what was and wasn't finished and why. If they claim $8,000 in damages, challenge the specific line items you disagree with.
Dress respectfully and be courteous. You're speaking to a judge in a courtroom. Address the judge as "Your Honour," arrive early, silence your phone, and wait your turn to speak.
If You Can't Attend
If a genuine emergency prevents you from attending the hearing — illness, travel disruption, especially in regional circuits like Labrador — file an adjournment application under Rule 19 as soon as possible. Contact the registry immediately.
If you simply don't show up, Rule 13(9) allows the judge to hear the plaintiff's evidence and enter judgment against you in your absence. An unauthorized no-show is treated almost the same as a default — the plaintiff wins without you having any say.
Remote attendance by video or telephone is available in some cases. Contact the registry well in advance to ask about connection protocols and to arrange electronic filing of your exhibit package.
Our Responding to a Small Claim in NL guide includes an evidence organization binder template and a hearing preparation checklist so you arrive with everything in order.
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Download the Newfoundland and Labrador Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.