Evidence at the Small Claim Division
You must have evidence to support what you say at a Small Claims Division hearing. In legal language, a piece of evidence is also called an exhibit.
Important
Use the List of Exhibits form (SJ 840) 
to file or withdraw evidence within the time limits.
You must file the form and 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
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
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 or withdraw 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, for your records. You may need them at the hearing.
Last update: April 24, 2023
