Vermont Small Claims Evidence Rules and How to Prepare Exhibits

Vermont small claims hearings are informal, but the evidence rules still have teeth. Bring the wrong format, forget to print a photo, or try to show the judge your phone screen, and your strongest proof might never make it into the record.

What Counts as Evidence

Small claims courts accept documentary evidence, physical evidence, and witness testimony. In practice, most cases turn on paper: contracts, invoices, receipts, canceled checks, repair estimates, leases, photographs, emails, and text message printouts.

Bring physical evidence to trial; the judge will not scroll through files on your phone, tablet, or laptop as a substitute for submitting exhibits. Follow the hearing notice for when and how to send copies of other exhibits to the court and the opposing party. Audio, video, and other non-PDF digital evidence must be submitted before the hearing. If you are e-filing, submit digital exhibits through Odyssey File & Serve; otherwise, follow the hearing notice for VDEP instructions.

How to Organize Paper Exhibits

For an in-person hearing, make three sets of every document you plan to use — one for yourself, one for the judge, and one for the opposing party. Follow the hearing notice for when and how to send copies to the court and the other side before the hearing. Label each exhibit clearly (Exhibit A, Exhibit B, etc.) and arrange them in the order you plan to present them.

For an in-person hearing, bring paper copies of photographs. For audio, video, and other non-PDF digital evidence, follow the hearing notice for VDEP or e-filing instructions. Email chains and text messages should be printed with timestamps visible. Contracts and invoices should include all pages, not just the relevant section.

The court does not accept evidence submitted after the hearing. If you forget to bring a document, it stays out of the record.

Digital Evidence: The Vermont Digital Evidence Portal

Audio recordings, video files, and other non-PDF digital evidence must be submitted before your hearing. If you are e-filing, upload digital exhibits through Odyssey File & Serve; otherwise, follow the hearing notice for VDEP instructions. Follow the hearing notice for how to submit PDF exhibits and any other material.

If your hearing is remote, plan how you will present the exhibits; one option is to share content in Zoom. Check your hearing notice for the required submission deadline.

Witness Testimony

Witnesses testify live — in person at the courthouse or remotely via Zoom if the court allows it. The judge administers an oath, and the witness answers questions from both sides.

Written statements from people who do not attend carry almost no weight. Letters from absent witnesses are generally inadmissible hearsay under Vermont Rules of Evidence because the opposing party has no opportunity to cross-examine the author. If a witness refuses to attend voluntarily, you can ask the court clerk to issue a Subpoena requiring their appearance.

What Defendants Should Focus On

As a defendant, your evidence strategy is about rebutting the plaintiff's claim. Common defense evidence includes:

• Contracts or written agreements showing what was actually promised
• Photographs documenting the condition of property at move-in/move-out or before/after work was done
• Receipts and invoices proving payments already made
• Text messages or emails showing what both parties agreed to
• Inspection reports or expert estimates contradicting the plaintiff's damage figures

Organize your evidence around the specific allegations in the complaint. If the plaintiff says you owe $3,000 for property damage, your evidence should address that specific claim — photos of the condition, competing repair estimates, proof that the damage predated your involvement.

At the Hearing

The plaintiff presents first: narrative, exhibits, witnesses. You get to cross-examine each witness. Then you present your defense, introduce your exhibits, and testify if you choose to. The judge may ask questions of both parties.

Take notes during the plaintiff's presentation. Write down specific claims you want to address when it is your turn. Do not interrupt — you will get your opportunity to respond.

For a structured evidence organizer and exhibit checklist built around the Vermont small claims process, the Responding to a Small Claims Case in Vermont guide includes printable worksheets for tracking and labeling every piece of your evidence.

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