How to Prepare for a New Jersey Small Claims Hearing

This article covers how to get ready for the hearing itself. It is one of the procedures explained in New Jersey small claims court, the hub that introduces the Special Civil Part, Small Claims Section, and the vocabulary used below. If you have not started a case yet, begin with filing a small claims case in New Jersey. This article picks up after the court has mailed your summons and assigned a trial date.

What Small Claims Covers, and What It Costs

Small claims is a simplified court for smaller money disputes, where the rules of evidence are informal and litigants usually appear without lawyers, as the Legal Information Institute describes. New Jersey runs it as the Small Claims Section of the Special Civil Part.

As of 2026, the New Jersey Judiciary’s small claims instructions cap small claims at $5,000. A money claim above $5,000 but no more than $20,000 belongs in the regular Special Civil Part docket, and a claim above $20,000 belongs in the Law Division, Civil Part. The filing fee to start a case is $35 for one defendant, plus $5 for each additional defendant. A litigant whose income is no more than 150 percent of the federal poverty level and who has no more than $2,500 in cash and bank accounts can apply to waive court fees. After the hearing, either side can appeal the decision to the Appellate Division within 45 days of the date it is entered. ## What the Hearing Day Involves When you arrive, court staff usually try to settle the case first through a settlement conference, where a staff member helps the plaintiff and the defendant look for an agreement. If the parties settle, the case ends there. If they cannot, the matter is heard by a judge, sometimes that same day and sometimes on a later date. Both sides give testimony, and each side can question the other’s witnesses. For a fuller walk-through of the sequence, see what happens at a New Jersey small claims hearing. ## Organize the Evidence You’ll Rely On The court decides the case on what it hears and sees at trial. New Jersey small claims accept live testimony and physical or electronic exhibits, but a written statement cannot be used at trial, even one signed under oath. Only testimony from a witness who appears in person counts. Gather the records that document the dispute. Useful exhibits include cancelled checks, money orders, and sales receipts; bills, contracts, estimates, and leases; letters; and photographs.

Sort the exhibits in the order you expect to discuss them, and label each one so you can find a document quickly when the judge asks for it. ## Submitting Exhibits Through Electronic Evidence Submission New Jersey asks small claims litigants to file their trial exhibits electronically before the hearing. The Judiciary’s Electronic Evidence Submission system accepts uploads around the clock, and court staff review submissions on weekdays between 8:30 a.m. and 4:30 p.m., apart from holidays. The system handles Special Civil Part matters, which include the small claims docket. The court cannot view evidence stored on a mobile device, so a screenshot of a text or email on your phone will not work at the hearing. Convert those messages to files and upload them, or print them.

1. Register for a NJ Courts account

   Evidence submission requires a Judiciary user ID. If you already log in to eCourts, the Judiciary Electronic Document Submission (JEDS) system, or Municipal Case Resolution, the same credentials work. New users register once before uploading.

2. Prepare electronic copies on a computer

   Save each exhibit as an electronic file. Evidence cannot be submitted from a phone or tablet, so use a computer or laptop to assemble photographs, contracts, receipts, and other records.

3. Upload your exhibits before the trial date

   Create an evidence list and upload the files ahead of the hearing, which gives the court time to review them. Uploading early also avoids a scramble on the day of trial.

4. Bring printed backups

   Bring printed copies of every exhibit to court as well. A document not submitted in advance can still be handed up at the hearing, and a paper copy lets you refer to it while you testify.

If you would rather not use the online system, you can submit documents by mail before the trial or bring them with you. The point is that the judge needs a copy in a form the court can actually review. ## Line Up Your Witnesses Any witness whose account matters needs to be in the courtroom on the trial date, because the court cannot accept a written statement in place of live testimony. Ask each witness well ahead of time whether they will attend voluntarily, and confirm the date and time on your notice with them. Write your questions for each witness in advance and bring the list to court, along with the questions you want to ask the other side’s witnesses. A witness who will not appear voluntarily can be compelled to attend through a subpoena; that procedure is covered in witness subpoenas in New Jersey small claims court. For the rules on what the judge will and will not admit, see evidence rules in New Jersey small claims. ## Courtroom Conduct and What to Expect Arrive early. The court notice states when to appear; build in time for parking, security screening, and finding the right courtroom. Dress as you would for an important appointment, silence your phone before you enter, and bring every witness and exhibit you intend to use. Inside the courtroom, address the judge as “Your Honor,” stand when you speak to the court, and wait your turn rather than interrupting the other party. Direct your account to the judge, not to your opponent, and keep it focused on the facts and the documents that support them. Court staff can explain how the process works and answer questions about deadlines and forms, but they cannot give legal advice or predict how a case will come out. A litigant who wants advice tailored to the facts can consult an attorney before or after the hearing. ## If You Can’t Attend or the Other Side Doesn’t Appear Your court notice sets the date you must appear, and the case can proceed without you only at a cost. If a plaintiff does not appear, the judge can dismiss the case. If a defendant does not appear, the judge can enter a default judgment for the amount claimed. When a genuine conflict prevents attendance, call the Special Civil Part Office at the number on the notice right away to ask for a new date instead of simply missing the hearing. If you reach a settlement with the other side before the trial date, call the Special Civil Part Office promptly so the case can be marked settled. Settlement is not recorded automatically; the court has to be told.

Frequently asked questions

How many copies of my documents should I bring to the hearing?

Bring enough copies that the judge and the other party can each have one while you keep your own. The court retains exhibits you submit, so extra printed copies let you refer to a document while you testify and hand one to the other side if asked. Submitting exhibits in advance through Electronic Evidence Submission does not remove the value of paper copies on hand.

Can I show the judge text messages or emails on my phone?

No. The court cannot view evidence on a mobile device. Texts, emails, and photographs have to be turned into files and submitted through the Electronic Evidence Submission system before the hearing, or printed and brought to court. A message displayed on a phone screen will not be accepted as an exhibit.

What if a witness will not come to the hearing?

A written statement cannot replace live testimony, so a witness whose account matters needs to appear in person. A party who cannot secure a witness’s voluntary attendance can ask the court to issue a subpoena compelling the witness to appear. The steps are described in the article on witness subpoenas in New Jersey small claims court.

Do I need a lawyer for a small claims hearing in New Jersey?

No. Small claims is designed for self-represented litigants, and most people present their own cases without an attorney. A litigant who appears without a lawyer is still expected to follow the Rules of Court. Court staff can explain procedure and deadlines but cannot give legal advice or recommend a course of action; a litigant who wants advice can consult an attorney before or after the hearing.

What happens if I settle before the trial date?

Call the Special Civil Part Office right away to report the settlement so the case can be marked settled. Settlement does not register on its own; if the court is not told, the case stays on the calendar.

Sources

• Lawsuits $5,000 or less (Small Claims), NJ Courts Self-Helpnjcourts.gov
• How Do I Prepare for Trial in Small Claims Court?, NJ Courtsnjcourts.gov
• Electronic Evidence Submission, NJ Courtsnjcourts.gov
• N.J. Rev. Stat. § 22A:2-37.1, Special Civil Part of Superior Court, Law Division feeslaw.justia.com
• Small claims court (Legal Information Institute, Cornell Law School)law.cornell.edu

See also: Filing a Small Claims Case in New Jersey. See also: Evidence Rules in New Jersey Small Claims: Preparing for the Hearing. See also: how to prepare for a New Jersey small claims hearing.