Courtroom Etiquette for a Virginia Small Claims Hearing

Conducting yourself at the hearing is one of the after-filing steps described in Virginia Small Claims: Limits, Filing, and Procedure. This article covers what happens inside the courtroom: when to arrive, how the judge calls cases, how to speak to the judge, the order each side presents in, and the behavior that helps or hurts a self-represented party. Assembling documents and lining up witnesses are covered separately; this is about the hour you spend in the room.

How a small claims hearing is run

Virginia hears these cases in the small claims division of the general district court, where the limit is $5,000 as of 2026 under Va. Code § 16.1-122.2. The trial is informal by design. Va. Code § 16.1-122.5 directs the judge to conduct the trial “in an informal manner so as to do substantial justice between the parties,” to put witnesses under oath, and to admit any evidence of probative value even when it would not satisfy the formal rules that apply in other courts. Privileged communications stay out. The stated object is to decide the parties’ rights on the merits and quickly.

Informal does not mean loose. Many cases are set for the same time, and the court calls them one at a time; the parties step forward when their case is called. The judge swears in everyone who will testify before any testimony is taken, so the first words spoken on the record are usually an oath.

Who may speak for each side

At the hearing, each party speaks for themselves. Va. Code § 16.1-122.4 requires self-representation in the small claims division and does not allow an attorney to argue the case for a party. Three narrow exceptions exist. A corporation, partnership, limited liability company, or other entity may be represented by an owner, general partner, officer, member, or employee. A party the judge finds unable to understand or participate may be assisted by a friend or relative who knows the facts and is not an attorney. And an attorney may appear only when representing themselves or solely to move the case out of small claims.

That last point matters at the hearing: the defendant has the right to remove the case to the regular general district court docket at any time before the judge rules, where lawyers are allowed and the formal rules of evidence apply. If the other side brings counsel for that purpose, the case is leaving the small claims division.

How to address the judge and the other party

Direct your remarks to the judge, not to the person on the other side. Address the judge as “Your Honor,” speak only when it is your turn, and let the other party finish without interruption. Arguing back and forth across the courtroom slows the hearing and rarely helps; the judge is the only person deciding the case.

Dress as you would for a job interview, silence your phone before you enter, and arrive early enough to clear security and find the courtroom. The Virginia Judicial System lists every general district court with its location and contact information, which is worth checking the day before so the morning of the hearing holds no surprises.

The order of a hearing

A small claims trial moves quickly because the case is tried on the first return date and the pleadings are limited to the warrant and any answer or counterclaim, under Va. Code § 16.1-122.3. There is no formal discovery and no opening statement to prepare. The plaintiff carries the burden of proving both the right to recover and the amount owed, so the plaintiff presents first.

1. Wait for your case to be called

   Cases on the docket are called individually. Listen for the names of the parties, then move to the front when the clerk or judge calls your case. Bring your copies of the warrant and your evidence with you.

2. Take the oath

   The judge swears in the parties and any witnesses before testimony begins. Once sworn, everything you tell the judge is testimony given under oath.

3. The plaintiff presents first

   The plaintiff explains the claim in plain terms, hands documents to the judge or clerk, and calls any witnesses. State dates and amounts specifically and stick to the facts that prove the debt or the wrong.

4. The defendant responds

   The defendant then gives their side, presents their own documents, and calls witnesses. Each side may question the other side’s witnesses.

5. The judge questions and decides

   The judge can ask either party questions at any point and admits whatever evidence tends to prove the facts. When both sides have been heard, the judge rules.

If you need a witness who will not come voluntarily, the clerk can issue a subpoena, but the request has to be filed well before the hearing date; the timing rules are set out in the Virginia Judicial System’s small claims guide for self-represented litigants. Showing up the day of the hearing expecting to subpoena a witness on the spot does not work.

Conduct that can cost you the day

The fastest way to lose a winnable case is to not be there when it is called. If the defendant was properly served and fails to appear, the court can enter a default judgment for the plaintiff on enough evidence to support the claim. If the plaintiff fails to appear, the defendant can ask the judge to decide in their favor. Either way, the absent party gives up the chance to be heard.

Beyond attendance, a few habits work against self-represented parties: interrupting the judge or the other side, talking over a witness, reading a long prepared speech instead of answering the question asked, and arguing about matters the small claims division cannot decide. The judge is working through a full docket and rewards parties who are organized, concise, and responsive.

After the judge rules

The judge usually announces the decision from the bench at the end of the hearing. A judgment for the plaintiff may be the full amount claimed or less, depending on what the evidence proved. Winning a judgment is not the same as collecting it; collection is a separate process that begins only after the judgment is entered.

Either party who disagrees with the result can appeal. Under Va. Code § 16.1-106, a party may appeal to the circuit court as a matter of right when the amount in controversy is more than $20, and the appeal must be noted within 10 days after the judgment is entered. The circuit court hears the case de novo, meaning the dispute is tried again from the start under the formal rules of evidence, where lawyers ordinarily represent the parties.