What Happens at Small Claims Court Pretrial? A Guide for First-Time Litigants

If you’ve filed or received notice of a small claims court case, you may be wondering what to expect—especially at the pretrial hearing. Many people mistakenly believe that small claims court is a single day in court with a quick decision. In reality, most jurisdictions require a pretrial conference or pretrial hearing before the actual trial takes place.

So, what exactly happens at a small claims pretrial? Here’s what you need to know.

What Is a Small Claims Pretrial Hearing?

A pretrial hearing is an informal court appearance held before the trial where both parties—plaintiff and defendant—meet with a judge or magistrate. The goal is to determine if the case can be resolved without going to trial, or to prepare both sides for trial if no agreement is reached.

In many courts, especially in debt collection, landlord/tenant, and consumer disputes, pretrial is mandatory.

What Happens at the Pretrial?

1. Check-In and Attendance

You’ll usually need to check in with the clerk when you arrive at court. Make sure to be on time, bring all paperwork, and dress appropriately.

⚠️ If you do not attend, the judge may issue a default judgment against you.

2. Verification of Parties and Claims

The judge or magistrate will:

• Confirm who is present

• Review the nature of the claim

• Ask if either party has legal representation (in many small claims courts, lawyers are not allowed, but rules vary by state)

3. Encouragement to Settle

Most pretrial hearings involve a strong push toward settlement. The judge may:

• Encourage you to talk outside the courtroom

• Refer you to mediation

• Ask questions to understand if a resolution is possible

Mediation is often free and confidential, and agreements reached are legally binding.

4. Discussion of the Case

If no settlement is reached:

• The judge may ask both sides to briefly explain the case

• You may be asked what evidence or witnesses you plan to bring

• The court may set deadlines for submitting documents

5. Scheduling the Trial

If the case proceeds, the judge will set a trial date, typically a few weeks later. You’ll be told what to bring and how to prepare.

What Should You Bring?

At the pretrial, bring:

• A copy of the complaint (if you’re the plaintiff)

• Any documents relevant to the dispute (invoices, receipts, photos, emails, texts)

• A list of witnesses you might call

• Notes summarizing your side of the story

You don’t need to bring all your evidence yet, but it helps to be prepared.

What If We Reach a Settlement?

If you settle:

• The court may put the agreement in writing

• You or the other party may need to follow specific steps (e.g., payment by a certain date)

• The judge will likely dismiss the case, but may keep jurisdiction if problems arise later

Make sure you understand all terms before agreeing—and get it in writing.

Tips for a Successful Pretrial

• Be respectful to the judge, clerk, and the other party

• Stay calm, even if the other side is emotional or rude

• Listen carefully to the judge’s instructions

• Ask questions if you don’t understand something

Even though small claims court is more relaxed than higher courts, it’s still a legal process, and how you present yourself matters.

Final Thoughts

A small claims pretrial isn’t something to fear—it’s your chance to tell your side, explore settlement options, and avoid a full trial if possible. It’s also an important step to prepare your case and ensure you follow court procedures.

Whether you’re suing someone or defending yourself, showing up informed and prepared can make all the difference.

📞 Need help with a small claims case? At Mosakowski Law, we help clients navigate small claims disputes from start to finish—even if legal representation in court isn’t allowed, we can advise you behind the scenes.