Preparing Evidence for the Small Claims Tribunal

"I've got loads of photos and messages, but I don't know how to organise them." This is probably the single most frustrating step before filing. Plenty of evidence sitting on your phone, but because it's scattered and unstructured, the Adjudicator can't easily grasp the full picture of your case in the limited time available — which actually weakens your chances rather than helping them.

In truth, the Small Claims Tribunal's evidence requirements aren't as formal as a full civil trial — but "informal" doesn't mean "hand it over however you like." This article works through the Small Claims Tribunal leaflet series published by the Hong Kong Judiciary — in particular Leaflet No. 4, General Guide to the Procedure in Small Claims Cases, and Leaflet No. 6, Documents Required in Small Claims Cases — to walk through the burden of proof, witness statements, and the practical requirements for submitting photos and documents, so you're properly prepared before you file. If you haven't yet completed the claim form itself, see our practical guide to filling in the claim form first.

What Does the Tribunal Require of Evidence

Before you start sorting photos and receipts, it's worth first understanding exactly what the Tribunal "wants" — that alone can save you a lot of wasted effort.

Does the Small Claims Tribunal Follow the Same Strict Rules of Evidence as Other Courts?

Not entirely. According to the Community Legal Information Centre (CLIC), although the Small Claims Tribunal is a court, it isn't bound to follow strict rules of evidence the way other courts are — the procedure is designed to be relatively simple and informal. That doesn't mean evidence can be handled carelessly, though — the Judiciary's General Guide to the Procedure in Small Claims Cases states clearly that all parties must gather evidence to support their case; generally, the party making an allegation bears the burden of proving it, though the Adjudicator may also direct the other party to produce evidence at any time.

The range of evidence that can be admitted is fairly broad, including oral testimony from witnesses, documents, photographs, audio tape, video tape, discs, or electronic data stored on any tape or disc. In other words, WhatsApp screenshots, bank statements, audio recordings, and even phone backups can all, in principle, serve as evidence — what matters is whether you can present them clearly and in an organised way.

Common Types of Evidence and How to Organise Them

Different types of evidence need slightly different treatment when organising them. Here are the most common categories and what matters most for each.

How Should Photos, Messages, and Email Records Be Kept and Organised?

Photos and video:

• Keep photos showing the damage, the completed work, or the scene, and make sure they show the date
• Arrange them by date, and add a short caption to each (for example, "10 March 2025 — ceiling water leakage")
• WhatsApp photos generally show the date sent, which serves as useful corroborating evidence of the date

Messages and email records:

• Prioritise keeping messages where the other party acknowledges the debt or the problem, promises to repay, records of your own demands, and any instances of refusal or being left on read
• When taking screenshots, make sure the date and contact name are visible, and arrange them chronologically
• Highlight key passages (for example, "I'll pay you back next week") so the Adjudicator and the other party can spot the key point at a glance

Contracts, quotations, receipts, and bank records:

• Submit the original contract or quotation, payment records (bank transfer screenshots, receipts), invoices, or bills
• Make sure handwritten documents are clearly legible; print out electronic documents rather than relying only on showing a phone screen
• Bank statements and FPS records can prove that money was transferred or received, and are particularly useful when recovering a loan, service fee, or deposit

How to Write a Witness Statement Correctly

If you or the other party will be giving evidence at the trial, you'll need to prepare a properly formatted witness statement in advance — this is the section given the most space in the Judiciary's Leaflet No. 6, Documents Required in Small Claims Cases.

What Should a Witness Statement Contain, and Who Should Sign It?

According to the official guidance, a witness statement must contain the facts the witness will state when giving evidence in court, and those facts must be things the witness personally knows or experienced — if it's merely relaying what someone else said, the Adjudicator may refuse to accept it, or give it little weight even if accepted. As a result:

• The statement should be made in an individual's name, not in the name of a corporation or firm, since a corporation or firm is not itself a "person"
• If a party to the proceedings is a corporation or firm, the statement should be made by an officer, employee, or other individual within that corporation or firm who personally knows or experienced the relevant facts
• Usually both the claimant and defendant will give evidence at the hearing, so both sides should each prepare their own statement; the same applies to any other witness who will testify at the trial
• The wording should be concise but thorough, covering all facts relevant to the claim, counterclaim, and matters in dispute — ideally broken into chronologically ordered paragraphs, each numbered
• The statement must end with the witness's own signature and printed name

If the case involves a technical issue outside the Adjudicator's own knowledge — for example, whether repair costs are reasonable, or whether the quality of goods or services meets industry standards — the parties may need to engage an expert witness to help prove that point, though expert fees can be significant; if you're unsure whether one is needed, you can ask the Adjudicator for guidance first.

As for photographs or sketches, strictly speaking, whoever took the photo or made the drawing needs to attend and testify to confirm its authenticity — though if the other side doesn't require that person to be called, this step can be skipped. By the same logic, if you want to rely on invoices, receipts, letters, or similar documents as evidence, it's best to also consider calling a witness who personally knows the contents of the document, with that witness preparing a statement explaining the document's content and significance.

If a Witness Is Unwilling to Attend and Testify

Sometimes the most crucial witness isn't willing to cooperate voluntarily — the official procedure has an arrangement for that situation too.

What Is a Witness Summons, and When Should You Apply for One?

If a witness is unwilling to attend the trial, a party can apply to the Adjudicator for a witness summons (Form 5) to compel that witness's attendance to give evidence. According to the Judiciary's Leaflet No. 5, How to Prepare for and Conduct a Hearing or Trial, this application should be made at least 3 weeks before the trial date; the form is available from the Tribunal registry, the Advice Centre, or for download from the Judiciary's website, and the applicant must pay the prescribed witness fee (the current fee schedule sets the summons and copy-for-service fee at HK$33 per witness, plus a HK$55 travelling allowance per witness summoned by a party).

It's worth noting that the Adjudicator will check with both parties at the mention stage whether they've gathered sufficient evidence to support their respective cases — only once both sides confirm they have no further evidence to produce will the Adjudicator fix a trial date. In other words, witness and evidence preparation should ideally be finished before the mention stage; if you plan to handle the trial yourself without a lawyer, see our practical tips for representing yourself at the Tribunal as well.

Document Submission Rules: Pagination, Copies, and the Email Restriction

Once the content is ready, "how you submit it" matters just as much — the Tribunal has a few clear rules on document format, and overlooking them can waste all that preparation.

Can Documents Be Submitted to the Tribunal by Email?

No. Under paragraph 7 of the Judiciary's General Guide to the Procedure in Small Claims Cases, the Tribunal generally does not accept any documents submitted by email, including the claim form, counterclaim, defence, witness statements, or any other related documentary evidence; enquiries or applications made by email about individual cases are similarly not accepted. In other words, witness statements, photos, and documentary evidence ultimately need to be handled by filing in person or another written method directed by the Adjudicator — which is exactly why preparing printed copies, rather than relying on showing them from a phone screen, is a much safer approach.

How Should Documents Be Paginated and Copies Submitted?

Each party should, in accordance with the Adjudicator's directions, submit copies of all witness statements and any documents intended to be used as evidence to the Tribunal, while also serving them on the other party; the party submitting the documents should keep the originals available for the Adjudicator or the other party to inspect at any mention or trial.

Two points are especially easy to overlook:

1. Documents where colour matters (such as photographs) must be submitted in colour. The official guidance is explicit: if a document is in colour and the colour is material — photographs, for instance — a colour copy must be submitted to the Tribunal and served on the other party; photographs should be pasted onto A4 paper, with each one numbered.
2. Documents must be paginated so the Adjudicator and the other party can reference them. The claimant's documents are numbered with a "C" prefix (C1, C2, and so on), and the defendant's with a "D" prefix (D1, D2, and so on). As a case progresses, both sides typically submit more and more documents, so pagination early on avoids confusion when searching for a document during the trial.

Practical Methods for Organising Evidence, and Common Mistakes

With the official requirements as a framework, the next step is turning the scattered material you have into an evidence bundle the Adjudicator can follow at a glance.

What Kind of Summary Should You Prepare Before the Trial?

Beyond the individual witness statements, it's worth preparing three additional supporting documents:

A timeline — list all events in date order:

15-01-2024 — Contract signed, deposit received
01-03-2024 — Service completed, invoice issued
15-03-2024 — First payment reminder (WhatsApp)
01-04-2024 — Second payment reminder (email)
10-04-2024 — Other party replies "will pay next week"
01-05-2024 — Other party goes silent, decision made to file

A schedule of loss — if there are multiple items of loss, list each with the amount and its supporting document:

Item	Amount	Document
Ceiling repair	HK$8,200	Exhibit A (quotation)
Furniture damage	HK$6,300	Exhibit B (purchase receipt)
Cleaning cost	HK$4,000	Exhibit C (receipt)
Total	HK$18,500

A summary statement — 1 to 2 pages covering a brief account of events, the amount of loss or debt claimed and how it's calculated, what steps you've already taken to resolve it, and why Tribunal intervention is needed. This summary can't substitute for a witness statement, but it helps you organise your thinking at trial and avoid missing key points.

What Are the Most Common Mistakes When Preparing Evidence?

• Not arranging things chronologically: all screenshots jumbled together, making it hard for the Adjudicator to follow the sequence of events
• Relying only on a phone screen: it's best to bring printed copies to the trial, paginated as described above and submitted together
• Writing a statement based on hearsay: a statement must set out facts the witness personally knows or experienced — relaying what someone else said is likely to be rejected
• No supporting figures: stating a loss amount without a quotation or receipt to back it up
• Leaving out inconvenient messages: selectively keeping only what's favourable to you can make the Adjudicator doubt the credibility of your evidence as a whole

If you're still unsure whether to handle the whole filing and evidence process yourself, or get help organising it, see DIY filing versus getting help: a comparison guide to help decide what suits you best. To understand the whole filing process from the start, go back to our complete guide to the Small Claims Tribunal. If you'd rather have someone check the whole evidence bundle with you, or even file alongside you, it's worth seeing what our filing assistance service actually covers.