Trial day: what to expect

What this stage is

Trial day is when a judge hears your case and decides it. In Small Claims Court, the judge is often a deputy judgeDeputy judgeA judge who hears Small Claims Court cases, often a lawyer appointed to do this work [VERIFY]. Deputy judges run trials and other hearings.Close definition of Deputy judge [VERIFY]. There is no jury. Trials are usually shorter and less formal than the ones on TV, but they are still serious.

You do not need to speak like a lawyer. You need to be clear, honest, organized and respectful.

Before you leave home

Check that you have:

• your trial binder, with numbered exhibitsExhibitA document, photo or other item shown to the court as evidence. Exhibits are usually numbered so everyone can find them.Close definition of Exhibit
• copies of every document for the judge and each other party [VERIFY: number of copies]
• your notes: a short opening, your timeline and your questions for witnesses
• the court file number and the notice of trial
• photo ID [VERIFY: whether ID is required]
• a pen, paper and water

Confirm your witnessesWitnessA person who tells the court, under oath or affirmation, what they saw, heard or did. You can also be a witness in your own case.Close definition of Witness know the time and place. If you are attending by video, test your camera, sound and internet the day before.

At the courthouse

• Arrive early. Give yourself time for security, parking and finding the courtroom.
• Check in. Find the courtroom list and let court staff know you are there [VERIFY: check-in process].
• Dress neatly. You do not need a suit. Clean, tidy clothes show respect.
• Turn off your phone. Do not record anything [VERIFY: rules on recording].
• Be polite to everyone, including the other side.

How to address the judge can vary [VERIFY: correct form of address]. Speak when it is your turn, stand if asked, and never interrupt.

How a trial usually runs

Each judge runs their courtroom a little differently, but trials often follow this order:

1. Opening. The judge may ask each side to briefly explain the case. The plaintiffPlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.Close definition of Plaintiff usually goes first.
2. Plaintiff's evidence. The plaintiff tells their story under oath or affirmation, and shows documents. Their witnesses then testify.
3. Cross-examination. After each witness speaks, the other side can ask them questions.
4. Defendant's evidence. The defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant tells their side, shows documents, and calls witnesses, who can also be questioned.
5. Closing. Each side sums up: what the evidence shows, and what they want the court to order.

Tips for telling your story

• Stick to the facts that matter. Follow your timeline.
• Refer to documents by their exhibit number.
• If you do not know an answer, say so. Do not guess.
• Keep questions for witnesses short and clear: one fact per question.
• Stay calm if the other side says something you think is untrue. Make a note, and deal with it on your turn.

The judgment

The judge may give a decision at the end of the trial, or later in writing [VERIFY: how reserved decisions are delivered]. The judgmentJudgmentThe court's final decision in a case, saying who wins and what must be paid or done. A judgment can come after a trial, by default, or by agreement.Close definition of Judgment says who won, how much is owed, and any interestPrejudgment interestInterest on money owed from the date it was owed up to the date of judgment. The rate may come from a contract or be set under Ontario law [VERIFY: how the rate is set].Close definition of Prejudgment interest and costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].Close definition of Costs.

If you win money, the judgment may also order interest after the judgment until it is paid, called postjudgment interestPostjudgment interestInterest on the money owed under a judgment, from the date of the judgment until it is paid. The rate is set under Ontario law [VERIFY: current rate].Close definition of Postjudgment interest [VERIFY: rate].

The deadlines at this stage

• Motion for a new trialNew trialA second trial of the same case, ordered by the court in some situations. A motion for a new trial must be brought within 30 days after the final order (Rule 17.04).Close definition of New trial: within 30 days after the final order (Rule 17.04).
• AppealsAppealAsking a higher court to review a decision because you believe it was wrong. Appeals have their own rules and deadlines [VERIFY].Close definition of Appeal: there are separate rules and deadlines for appeals [VERIFY: appeal route, monetary threshold and deadline]. Get legal advice quickly if you are thinking about an appeal.

If you missed the trial date, or something went seriously wrong, speak to the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office or get legal advice right away [VERIFY: options after missing a trial].

Forms

• Form 1B: Request to Change Attendance Method, if you need to attend another way (at least 30 days before the hearing)
• Form 18A: Summons to Witness, served well before trial

Common mistakes

• Arriving late. If you are not there when your case is called, it may go ahead without you [VERIFY]. If you truly cannot attend, ask about an adjournmentAdjournmentMoving a court date to a later day. You usually need a good reason, and the other side's agreement or the court's permission [VERIFY].Close definition of Adjournment as early as possible [VERIFY: how to request one].
• Reading a long speech. Use notes, but talk to the judge.
• Arguing with the other side. Speak to the judge, not to the other party.
• Bringing new documents on the day. Documents not served at least 30 days before trial (Rule 18.02) may not be allowed.

What happens next

If you won and the other side does not pay, go on to Collecting on a judgment. If you lost and owe money, that page also explains what the other side can do, so you can plan.

Need to go back? See Preparing for trial.