Evidence

You must have evidence to support what you say at a Small Claims Division hearing. In legal language, a piece of evidence is sometimes called an exhibit.

Important

Use the List of Exhibits form (SJ 840A) (PDF 413 Kb) to file evidence within the time limits.

You must file your exhibits in person at the courthouse or by mail. They cannot be filed online.

Exhibits must be identified with the letter P or D, followed by a number.

The plaintiff must identify their exhibits with the letter P, followed by a unique number. For example, P1 for a contract, P2 for an invoice, P3 for a photo, etc.

The defendant must identify each of their exhibits with the letter D, followed by a unique number. For example, D1 for a statement of account, D2 for an estimate, D3 for a multimedia document, etc.

You must also indicate the file number (e.g., XXX-XX-XXXXXX-XX) on each exhibit.

Types of evidence

Documents and objects

You must collect all documents and objects you will use as evidence.

These may include:

a formal notice
a cheque, receipt or invoice
a contract or warranty
an appraisal
a photograph
an expert report
a damaged object

Testimony

You may also use a person’s testimony as evidence. A witness may testify in writing by filing an affidavit in lieu of testimony or be called to a hearing.

Time limits for adding or withdrawing evidence

Adding evidence

After the formal filing

You must file your evidence at the courthouse within 10 days of filing your application or response form.

Before the scheduled hearing date

You may add or withdraw exhibits from your file.

You have until 30 days before the date scheduled for the hearing to file evidence.

Exhibits may be consulted at the courthouse office. You may also request a copy of the exhibits filed by the other party by contacting the courthouse.

For each piece of evidence you file, always keep a copy, such as the original document, for your records. You may need them at the hearing.

Withdrawing evidence

Exhibits remain in your file until the end of the proceedings. To withdraw them prior to then, use the Application to Withdraw Exhibits or for the Issue of a Certificate form (SJ-1078A) (PDF 237 Kb). You will need the other party’s consent.

Last update: October 20, 2025

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