$0 New York Small Claims Response Checklist

What to Bring to Small Claims Court in New York

The Three-Copy Rule

Every piece of evidence you bring to a New York small claims hearing needs three physical printed copies: one for the judge or arbitrator, one for the opposing party, and one for yourself. This is not a suggestion — it is how the court operates. If you show up with a single copy or try to pass your phone across the bench, you are going to have a problem.

Multiple defendants and plaintiffs have reported that New York small claims judges flat-out refuse to look at evidence displayed on cell phones. Text messages, photos, email threads, Venmo receipts — if it is not printed on paper, some judges will not consider it. The judge may allow the clerk to scan a printed document into the official record, but a phone screen does not fit that workflow.

Documents to Gather

The specific evidence depends on your dispute, but here is the baseline checklist that applies to most small claims cases:

Contracts and written agreements. The original signed lease, home improvement contract, bill of sale, service agreement, or promissory note. If you do not have the original, a legible copy works — but bring the original if you have it.

Financial records. Canceled checks (front and back), bank statements showing payments, itemized invoices, receipts, and digital payment confirmations printed from your Venmo, Zelle, or PayPal account.

Repair estimates. For repair or service costs, an itemized bill or invoice, receipted or marked paid, or two itemized estimates is admissible and prima facie evidence of reasonable value and necessity under Section 1804. A single verbal quote is not one of the forms listed in Section 1804.

Photographs. Print them in color at a reasonable size. Timestamp information helps. If the photos document property damage or completed work, annotate them briefly — "kitchen backsplash, photo taken March 15, 2026" — so the judge can follow your timeline without you explaining each one verbally.

Written communications. Print the full text message threads, email exchanges, or letters between you and the other party. For text messages, screenshots printed on standard letter paper work fine. Include dates and the phone numbers or email addresses so the court can identify who said what.

What About Text Messages Specifically

Print relevant text messages because judges may restrict access to phones. Include the date and sender information, and be ready to explain the conversation; the court decides what evidence to consider.

If the texts are critical to your case, consider organizing them chronologically with brief labels: the date, the subject of the exchange, and why it matters to the dispute.

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Organizing Everything Into a Binder

Loose papers shuffled around on a courtroom table do not make a good impression. Put your evidence into a simple binder or folder with tabs:

  1. Timeline summary — a one-page chronology of the key events in your dispute
  2. Contracts and agreements — the governing documents
  3. Financial records — proof of payments made or owed
  4. Communications — printed texts, emails, and letters in chronological order
  5. Photos and estimates — visual evidence and repair documentation

Label each tab. When it is your turn to present, you can hand the judge their copy and walk them through it section by section instead of fumbling for the right page.

Witnesses and Subpoenas

If someone saw the work, the damage, or the conversation and they are willing to come to court, bring them. Witnesses testify in person — written statements from people who do not appear carry very little weight.

If a witness refuses to come voluntarily, you can request a subpoena through the court clerk. The clerk submits it to the judge for signature. You must serve the subpoena personally on the witness and pay the statutory witness fee: $15 per day, plus $0.23 per mile to and from the courthouse if travel is required from outside the city where the court is located.

Build Your Evidence Binder With a Template

The Responding to a Small Claims Case in New York guide includes a printable evidence binder index, a document checklist organized by dispute type, and a hearing day planner — so nothing gets left on the kitchen counter the morning of your court date.

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Download the New York Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.

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