3. Prepare for your settlement conference

You need to prepare for your settlement conference 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:

• business records
• contracts between you and the defendant
• receipts for money you spent because of what the defendant did
• reports from experts like building inspectors or repair companies
• photographs
• text messages
• emails

You can file documents online or mail to the Small Claims Court office that is handling your claim. Only file documents in person at the court office if you can't file another way.

Keep the original copies of all documents you file online, including your court documents. The court might ask you for these documents later.

If you have new documents you plan to use as evidence, you must serve the new documents on the defendant.

Witnesses

The court will send you a Form 13A: List of Proposed Witnesses with the Notice of Settlement Conference. In the form, you have to list all the people you plan to call as a witness if your case goes to trial. This includes your own name, if you'll be testifying at the trial.

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.

Serve the defendant

You must serve the defendant with a copy of all your documents and a Form 13A: List of Proposed Witnesses, and file it with the court with a Form 8A: Affidavit of Service at least 14 days before the settlement conference.

The Guide to Serving Documents explains the rules that must be followed.