​Going to the h​earing 

To find out how to present you​r case at a hearing, follow the steps in the guide on this page. If you want to learn more about how to prepare fo​r the hearing, see Preparing for the hearing.

​ Going to the hearing - Step by step guide​​​​​ 

Step 1: On the day of the hearing 

You should make sure you get to the court at least 30 minutes early.

If you are running late, you should call the court registry to let them know. The court may dismiss your claim if you are not in the courtroom at the time the case is listed.

When you arrive:

• look for the court list, which will be stuck on the wall or a noticeboard in the waiting area. If it is a large court there may be lists for many different kinds of cases - look for the 'Civil List'.
• make a note of the number of your case in the list and check which courtroom your case is in
• ask a court officer or go to the court registry if you can't find your name on a court list
• go and sit in the chairs at the back of the courtroom (if the courtroom is open)
• sit near the courtroom door and wait for the courtroom to be opened (if it is closed). 

Be prepared to wait some time as other cases may be dealt with before your case.

If you wait outside the courtroom make sure you are close enough to the courtroom to hear if your case is called.

The magistrate or assessor may adjourn (close) the courtroom for morning tea, usually around 11:30am, or for lunch, usually from 1:00pm to 2:00pm. You will have to leave the courtroom during these breaks. 

Remember to turn off your mobile phone before going into the courtroom.

For more information on how to find your courtroom, watch the video below.

​You can also read a transcript of this video (48kb).

This video is available with the audio description.​

Step 2: What to do and say in the courtroom 

Hearings in the Small Claims Division are ​held before a magistrate (called 'Your Honour') or an assessor (called 'Sir', 'Madam' or 'Assessor'). You should stand when a magistrate or assessor comes into or leaves the courtroom.

When you go in, sit at the back of the court and wait for your name to be called. Once it is your turn, sit at the bar table at the front of the courtroom. Get out your papers and arrange them so you can find things when you need them during the hearing. 

The hearing is your chance to persuade the magistrate or assessor that your version of events is true. Remember that the magistrate or assessor is interested in the evidence that supports your case, not your opinions or feelings about the case or the defendant.

To win your case you need to prove that it is more likely than not that the defendant owes you the money, or was the driver at-fault in the car accident. This standard of proof is called 'the balance of probabilities'. 

Always be polite to the magistrate or assessor, other court staff and the defendant. Refer to the defendant or their lawyer as Mr/Ms and their surname. 

For more information, see What to do, say and wear in court​ in the Legal Skills section of Representing Yourself.

Step 3: Adjournments 

Sometimes you or the defendant may ask the court to postpone the hearing to another date. This is called an adjournment. 

The magistrate or assessor may not agree to this unless there is a good reason. There may be an adjournment if either you or the defendant served witness statements and evidence late. 

If the magistrate or assessor does agree to an adjournment, they may make a costs order against the party at fault. For example, costs may be ordered against the party who served their evidence late. 

For more information on how to ask for an adjournment, watch the video below.

You can also read a transcript of this video (45kb).

Step 4: The hearing 

Possible settlement 

The first thing the magistrate or assessor may do is ask if there is any chance of the case being settled. If either or both of you answer yes, the magistrate or assessor may give you time to go outside the courtroom and discuss settling the case. 

For more information about settlement, see Settling your case. 

Checking documents 

The magistrate or assessor will go through the witness statements and other evidence that has been sent to the court to check that: 

• ​you received all the documents from the defendant
• the defendant received all the documents from you
• the court has all the documents that both you and the defendant have. 

If any evidence was served late there will be discussion about whether this evidence can be used during the hearing. The magistrate or assessor may decide that the evidence cannot be used. If this happens with your evidence, you could ask for an adjournment, but unless you have a good excuse for serving your evidence late, you are unlikely to get one.

Presenting your case 

Hearings in the Small Claims Division are generally informal. The magistrate or assessor will ask you to speak first. When you have finished speaking, the defendant will speak. 

When asked to present your case, you should briefly: 

• ​​outline your case
  
• point out evidence that supports your case
• refer to your witness statements and other evidence
• point out any sections of the defendant's evidence that you disagree with, or where there are inconsistencies.

You can speak from prepared notes. This can be helpful if you are nervous.

The magistrate or assessor may ask you to explain some things in more detail or to move on to another point if they feel you have said enough about a certain issue or that you are speaking about something that is irrelevant.

If you want to make submissions on the law applying to your case, based on your legal research, you should do this after you have talked about your evidence. If you have copies of cases you can hand them up, and give a copy to the defendant. 

It is important that you do not interrupt the defendant when it is their turn to speak. Instead, you can make some notes of anything you want to comment on or clarify. At the end of the hearing, you will be asked whether there is anything else you want to say. 

Witnesses 

In the Small Claims Division witnesses usually give evidence in a written statement. 

If you were given leave (permission) at the pre-trial review for your witness to give evidence in person, you should ask your witness to wait outside the courtroom. 

When it is time for your witness to give evidence, a court officer will bring your witness into the courtroom and take them to the witness box. You should ask the witness to tell the court their name, address and occupation. You will then be able to ask them questions about their witness statement. 

After you have finished asking your questions, the defendant will have a chance to question the witness. This is called cross-examination. After the cross-examination, you will be asked if you want to ask the witness any further questions. When your witness has finished giving evidence they have to leave the courtroom. 

If there are witnesses, your witnesses will give evidence first, followed by the defendant's witnesses. 

Once the magistrate or assessor has seen all the evidence, heard from witnesses (if any) and listened to submissions, they will usually make a decision. For more information, see The decision. 

For more information on what to expect at the hearing, watch the video below.

You can also read a transcript of this video (55kb).

This video is available with the audio description.​

Further information​​

​​​​​Search NSW Court Lists App

An app is available for court users with both Android and iOS devices. Search courts lists, up to two weeks in advance and one week in the past. Find individual court sittings by searching by case number or party name. Links are available from the NSW Online Registry​.