Preparing for a Vermont Small Claims Hearing as the Defendant

Your Answer is filed, the hearing date is set, and now you need to prepare. Vermont small claims hearings are designed to be informal, but the Vermont Rules of Small Claims Procedure and evidence rules still apply. "Informal" does not mean "unstructured." The judge follows a set sequence, expects organized evidence, and will not give you a second chance to present something you forgot to bring.

What to Bring

Prepare and send exhibits in advance. Follow the hearing notice for the deadline and method to send copies to the court and the opposing party. For an in-person hearing, also bring three copies of each document — one for yourself, one for the judge, and one for the opposing party. The court will not review evidence by scrolling through your device; follow the notice's instructions for presenting remote exhibits.

A written summary of your position. Not a script — a one-page outline of your key points in the order you plan to present them. This keeps you organized when the judge asks for your side of the story.

Witnesses, if you have them. Witnesses testify live under oath. Written statements from absent witnesses are generally inadmissible because the other side has no opportunity to cross-examine. If a witness will not attend voluntarily, ask the court clerk in advance to issue a Subpoena.

Audio or video evidence. Submit these exhibits before the hearing date. If you are e-filing, upload digital exhibits through Odyssey File & Serve; otherwise, follow the hearing notice for VDEP instructions. If your hearing is remote, plan how you will present them; one option is to share content in Zoom.

How the Hearing Works

The judge opens by swearing in the parties who will testify and any witnesses. Then:

1. Plaintiff presents first. They explain their claim, introduce exhibits, and call witnesses.
2. You cross-examine. After the plaintiff finishes, you can ask their witnesses questions. Stick to questions — this is not your turn to argue.
3. You present your defense. Explain your side, introduce your exhibits, and call your witnesses. If you filed a counterclaim, present that evidence now too.
4. Plaintiff cross-examines. They ask questions about your testimony and evidence.
5. Judge may ask questions. Many small claims judges actively question both parties to clarify facts.
6. Decision. The judge either rules on the spot or mails a written Judgment Order within a few weeks.

Cross-Examination Strategy

When questioning the plaintiff's witnesses, keep it focused. Good cross-examination questions challenge specific facts:

• "You stated the damage was $2,000 — do you have a written estimate from a contractor?"
• "The contract says completion by March 15 — did you complete the work by that date?"
• "You mentioned I agreed to the extra charges — do you have that agreement in writing?"

Avoid arguing with the witness or making speeches disguised as questions. The judge notices and it wastes your time.

Remote Hearings

If your hearing notice says the hearing is remote, follow the Zoom or call-in details it provides:

• Test your internet connection, camera, and microphone before the hearing date
• Join from a quiet location with a neutral background
• Have your exhibits sorted and ready to reference (the judge and plaintiff will have copies you already served)
• If your connection drops, call the court immediately and explain the problem

Common Defendant Mistakes at Trial

Not bringing physical copies. "It's on my phone" is not evidence the court can accept.

Talking over the judge or the plaintiff. Take notes during the plaintiff's presentation and address their points during your turn.

Focusing on emotions instead of facts. The judge decides based on evidence and the law, not who seems angrier or more sympathetic. Stick to what happened, what the documents show, and what the contract says.

Forgetting the burden of proof. The plaintiff has to prove their case. Your job is to show where their evidence falls short or contradicts the facts. You do not need to prove you are innocent — you need to show the plaintiff has not proved their claim.

For a structured hearing preparation checklist — including an exhibit organizer, cross-examination planner, and remote hearing tech guide — the Responding to a Small Claims Case in Vermont guide walks through trial day step by step.

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