2. Get your evidence

You need to prepare for your trial by getting your evidence together. Your evidence includes documents and witnesses. The evidence must relate to the facts that you need to prove your claim.

Documents

Documents used as evidence must be originals and relevant to your case. For example:

• contracts between you and the defendant
• receipts for money you spent because of what the defendant did
• estimates of how much it will cost to fix the problem the defendant caused
• reports from experts like building inspectors or repair companies
• photographs
• text messages and emails
• audio and video recordings

Copies of these documents must be served on the defendant before your trial.  Often, the judge at the settlement conference will make an order saying what your deadline is to do this. If there is no order, you must serve the documents at least 30 days before your trial. You might have already served most of this material before your settlement conference.

The page Serving Documents on the Ministry of the Attorney General's website explains the rules that must be followed. If you don't follow the rules, the judge will probably refuse to accept that evidence.

You should bring the original documents and at least three copies of each document to the trial. The originals are used as exhibits. The copies are for yourself, the judge, and the defendant.

Witnesses

Only use witnesses who:

• have important information that will help the judge decide your case
• can give evidence that supports the decision you want the judge to make
• have important information that goes against the defendant's case

A witness can only give evidence about what they know, not what other people have told them. When a witness testifies about what other people have told them, this is called “hearsay”.

Ask your witnesses to come to court. If they don't agree to come, or if you're not sure they will come, you can fill out Form 18A: Summons to Witness and file it with the court for a fee.

A summons is a document that tells a witness that they must come to the hearing.

The summons must be served personally on the witness at least 10 days before your trial date, along with attendance money. Attendance money is money you must pay the witness for coming to the trial. It includes a witness fee and travel expenses.

Interpreters

The court provides free interpreters for parties and witnesses whose language is English, French, American Sign Language (ASL), or Langue des Signes du Québécoise (LSQ). The court also provides free interpreters in any language if you qualify for a fee waiver.

Let the court know if you need an interpreter well before your trial date.