Vermont Small Claims Court Hearing

When the Hearing Gets Scheduled

Once the defendant files an Answer disputing the claim, the court clerk schedules a trial and mails a Notice of Hearing to both parties. The schedule varies by court, so you may not receive notice right away. Vermont small claims trials happen either in person at the county Superior Courthouse or remotely via WebEx or Microsoft Teams.

Preparing Your Evidence

The formal Vermont Rules of Evidence are relaxed in small claims, but that doesn't mean you can show up with a pile of random documents. Your evidence needs to be relevant, organized, and authentic.

For in-person hearings, bring three complete, identical sets of all your documents:

1. One for the judge (entered as official exhibits)
2. One for the opposing party
3. One for your own reference

Acceptable evidence includes written contracts, invoices, payment receipts, bank statements, photos of property damage, text message screenshots, email chains, and repair estimates. Organize each set in a binder with labeled tabs — judges notice when a party is organized versus shuffling through a stack of loose papers.

For WebEx remote hearings, you must submit all documentary exhibits to the court clerk and serve copies on the opposing party at least five business days before the hearing date. The court's hearing notice typically includes specific instructions for the exhibit exchange, but the five-day rule is the standard. Late submissions may be excluded.

What Happens in the Courtroom

Vermont small claims trials are informal but structured. Here's the typical sequence:

Oaths. The judge calls the case, and all parties and witnesses are sworn in under oath.

Plaintiff presents. You go first. Give a concise account of your claim: what was agreed, what went wrong, how much you're owed, and why. Walk through your exhibits one by one — refer to them by tab number or description so the judge can follow along. Then you'll answer the judge's questions.

Defendant responds. The defendant presents their side, including any counterclaims, and introduces their exhibits. You'll have the opportunity to ask questions.

Closing. Both sides give brief summaries. The judge either rules from the bench or takes the matter "under advisement" (meaning a written decision will arrive by mail later).

The whole hearing for a straightforward case might take 30 to 60 minutes.

If Someone Doesn't Show Up

If the plaintiff fails to appear, the court dismisses the case. If the defendant fails to appear, the court can enter a default judgment in the plaintiff's favor — provided the plaintiff proves their claim amount.

Witnesses and Subpoenas

If a witness has first-hand knowledge relevant to your case (a mechanic who inspected the vehicle, a neighbor who saw the damage happen), their live testimony is far more persuasive than a written statement. Written letters from absent witnesses count as hearsay and usually carry minimal weight.

If a witness won't come voluntarily, you can ask the court to issue a subpoena. Someone at least 18 years old who is not a party to the case must deliver it, and you're responsible for statutory witness and mileage fees.

Redact Personal Information

Before submitting any documents to the court, redact Social Security numbers, bank account numbers, and driver's license numbers. Vermont's court record access rules require removal of personal identifiers from all exhibits.

Accommodations

The court provides foreign language interpreters and ADA accommodations at state expense. Request them through the Civil Division Clerk or the Access and Resource Center ([email protected], 802-879-1185) at least 14 days before the hearing. You cannot use friends or family as interpreters during the proceeding.

The Vermont Small Claims Filing Guide includes a hearing evidence binder checklist and a WebEx exhibit prep worksheet that covers the five-day submission timeline, redaction rules, and a tab-by-tab organization structure.

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