At trial, you will need to present evidence to prove your arguments. There are many things that can be evidence in court, but most of the time, evidence is presented through documents or witnesses.

1. Documents

   Documentary evidence is information that is submitted to the court as a document. Usually the court accepts anything that you can hold or touch. At trial, the magistrate will decide what can be used as evidence, but usually documents can include things such as:

   • Estimated Bills (it is best to have two separate estimates)
   • Receipts
   • Cancelled Checks
   • Assessments
   • Police reports
   • Lease agreements
   • Photos

   Each document or item of evidence which you want the Court to consider should be marked with an exhibit number or letter before you come to Court.  The landlord should mark each item with a number (such as Exhibit 1) and tenant should mark each item with a letter (such as Exhibit A).

   The court keeps any original documents the magistrate accepts as evidence in the court file. If you bring a document to offer as evidence you should bring: the original a copy for each party in the case and a copy for your own records

2. Witnesses

   Find witnesses who will be able to testify and ask them to come to court on the day of your trial. The best witnesses are people who have first-hand knowledge of the facts of the case. Written statements from witnesses that are not at the trial will be considered hearsay and will not be accepted by the court.

   If witnesses are not willing to testify, you can have them subpoenaed. A subpoena is a court document that orders a witness to appear at your court date. Subpoenas are used to make witnesses appear in court. The plaintiff and defendant can file subpoenas to call witnesses to testify. If a witness is willing to appear voluntarily, you may not need a subpoena.

   To obtain a subpoena to compel a witness to come to court, you must complete a form provided by the clerk of court at least 7 days before trial and pay a fling fee of $25.00 per defendant plus $6.00 per witness for witness’ fees.