GermanyWhat Evidence Do I Need for a Small Claims Hearing in Ger...
You need written evidence (e.g., contracts, invoices, emails, payment records) and witness statements. Oral testimony is permitted but rarely decisive without corroboration.
What the Law Says
German small claims (Kleiner Streitwert) fall under the jurisdiction of the Amtsgericht and are governed by the Zivilprozessordnung (ZPO). Evidence rules prioritize documentary proof, with strict formal requirements for authenticity and relevance.
Under § 286 ZPO, courts freely evaluate evidence—but only admissible evidence may be considered. For claims up to €5,000, proceedings follow simplified rules (§§ 495–504 ZPO), yet evidentiary standards remain binding. Written evidence—such as signed contracts (§ 416 ZPO), invoices, bank transfers (§ 286 ZPO), and dated correspondence—is strongly preferred.
Witness testimony is admissible (§ 373 ZPO) but must be formally requested before the hearing (§ 377 ZPO); spontaneous oral accounts are generally excluded. Expert opinions are rare in small claims unless technical facts are disputed (§ 402 ZPO).
Statutory TextThe court shall assess the evidence freely, provided it has been duly admitted and adduced in accordance with the provisions of this Code.
— ZPO, § 286(1)
Statutory TextIn proceedings before the local court involving claims not exceeding €5,000, the court may dispense with formalities… but not with the requirement to substantiate factual allegations.
— ZPO, § 495(1)
What to Do
Gather all original or certified copies of contracts, invoices, delivery notes, payment confirmations, and relevant emails or SMS (printouts with metadata where possible).
Submit your evidence with the Klageschrift (statement of claim) or no later than two weeks before the hearing—late submissions risk exclusion (§ 296 ZPO).
If relying on witnesses, name them explicitly in writing before the hearing and request their examination via Antrag auf Beweisaufnahme (application for evidence-taking) under § 377 ZPO.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-05.