The SC-107 form serves a crucial function in the judicial process by being the official document for subpoenaing witnesses and requiring the production of documents and items at a trial or hearing in small claims court in California. It acts as a command by the court for a person to appear as a witness at a designated time and place, with provisions for the production of specific documents and items that are significant to the case at hand. Compliance with this subpoena is not just expected but enforced under the law, with penalties for non-compliance highlighting the form's importance in ensuring justice and fairness in legal proceedings. For individuals involved in a small claims case, understanding and correctly filling out this form is paramount.
Don't overlook the importance of this step in your case. Ensure your documents and witnesses are properly prepared by clicking the button below to fill out the SC-107 form diligently.
The SC-107 form plays a critical role in the legal framework of small claims court within the State of California, enabling the subpoenaing of witnesses and the production of documents and other tangible things at trials or hearings. This multi-faceted legal document encompasses information ranging from the names and contact details of both plaintiffs and defendants, to a detailed directive for witnesses regarding their compulsory appearance or the alternatives for document submission without needing to appear in person. It intricately outlines the expectations for witness attendance, including specific details such as the date, time, and location of the required appearance, along with a provision that may excuse the witness or allow for an agreement with the requesting party that negates the necessity of their physical presence. Additionally, the form makes clear the entitlement of witnesses to compensation for their participation, subject to the requisition of such fees. Should the subpoena require the production of documents, the form guides the issuing party and the witness through the process, ensuring lawful compliance while also protecting the privacy and rights of involved parties. It further touches upon potential penalties for non-compliance, providing a stern reminder of the legal obligations and the consequences of disregarding them. The comprehensive nature of the SC-107 form, with its detailed instructions and declarations, underscores its importance in the small claims process, seeking to streamline the procedure while upholding the legal standards set forth by the state.
Name and Address of Court:
PLAINTIFF/DEMANDANTE (Name, address, and telephone number of each):
Telephone No.:
See attached sheet for additional plaintiffs and defendants.
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SC-107
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SMALL CLAIMS CASE NO.
DEFENDANT/DEMANDADO (Name, address, and telephone number of each):
SMALL CLAIMS SUBPOENA
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS
AND THINGS AT TRIAL OR HEARING AND DECLARATION
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):
1.YOU ARE ORDERED TO APPEAR AS A WITNESS in this case at the date, time, and place shown in the box below UNLESS your appearance is excused as indicated in box 4b below or you make an agreement with the person named in item 2 below.
a.
Date:
Time:
b.
Address:
Dept.:
Div.:
Room:
2.IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name of subpoenaing party:
b. Telephone number:
3.Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 2.
PRODUCTION OF DOCUMENTS AND THINGS
(Complete item 4 only if you want the witness to produce documents and things at the trial or hearing.)
4.YOU ARE (item a or b must be checked):
Ordered to appear in person and to produce the records described in the declaration on page two. The personal
attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient
compliance with this subpoena.
Not required to appear in person if you produce (i) the records described in the declaration on page two and (ii) a
completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271.
(1)Place a copy of the records in an envelope (or other wrapper). Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above. (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party listed at the top of this form.
5.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
[SEAL]
Date issued:
Clerk, by
, Deputy
David H. Yamasaki, Clerk of the Court
(See reverse for declaration in support of subpoena)
Page one of three
Form Adopted for Mandatory Use
Code of Civil Procedure,
Judicial Council of California
§ 1985 et seq.
AND DECLARATION
SC-107 [Rev. January 1, 2000]
L-520 (Rev. December 2, 2016)
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
DECLARATION IN SUPPORT OF
SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENT AND THINGS AT TRIAL OR HEARING
(Code Civil Procedure sections 1985, 1987.5)
1. I, the undersigned, declare I am the
other (specify):
plaintiff
defendant
judgment creditor
in the above entitled action.
2. The witness has possession or control of the following documents or other things and shall produce them at the time and place specified on the Small Claims Subpoena on the first page of this form.
For trial or hearing (specify the exact documents or other things to be produced by the witness):
Continued on Attachment 2a.
After trial to enforce a judgment (specify the exact documents or other things to be produced by the party who is the judgment debtor or other witness possessing records relating to the judgment debtor):
(1)
Payroll receipts, stubs, and other records concerning employment of the party. Receipts, invoices, documents,
and other papers or records concerning any and all accounts receivable of the party.
(2)
Bank account statements, canceled checks, and check registers from any and all bank accounts in which the party
has an interest.
(3)
Savings account passbooks and statements, savings and loan account passbooks and statements, and credit
union share account passbooks and statements of the party.
(4)
Stock certificates, bonds, money market certificates, and any other records, documents, or papers concerning all
investments of the party.
(5)
California registration certificates and ownership certificates for all vehicles registered to the party.
(6)
Deeds to any and all real property owned or being purchased by the party.
(7)
Other (specify):
3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons:
Continued on Attachment 3.
4. These documents are material to the issues involved in this case for the following reasons:
Continued on Attachment 4.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY)
(See proof of service on page three)
Page two of three
PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING
1.I served this Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration by personally delivering a copy to the person served as follows:
a.Person served (name):
b.Address where served:
c.Date of delivery:
d.Time of delivery:
e.Witness fees (check one):
were offered or demanded
and paid. Amount: . . . . . $
were not demanded or paid.
f.Fee for service: . . . . . . . . . . . . . . . $
2.I received this subpoena for service on (date):
3.Person serving:
Not a registered California process server.
California sheriff, marshal, or constable.
c.
Registered California process server.
d.
Employee or independent contractor of a registered California process server.
e.
Exempt from registration under Business & Professions Code section 22350(b).
f.
Registered professional photocopier.
g.
Exempt from registration under Business & Professions Code section 22451.
h. Name, address, and telephone number and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State
(For California sheriff, marshal, or constable use only)
of California that the foregoing is true and correct.
I certify that the foregoing is true and correct.
(SIGNATURE)
PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA
AT TRIAL OF HEARING AND DECLARATION
Page three of three
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Fulfilling a Small Claims Subpoena (Form SC-107) requires attention to detail and a clear understanding of the requested information. This document serves as a formal request for a witness to appear at a trial or hearing, and it may also require the production of documents or things relevant to the case. Proper completion of this form is essential, as it ensures the lawful and timely collection of testimony and evidence critical to a small claims proceeding. Following these step-by-step instructions will help ensure the form is filled out accurately and completely.
Once the form is fully completed and served, the next steps depend on the responses from the individuals subpoenaed and the court's proceedings. If the recipients comply with the subpoena, the documents or testimony provided will be used to support the case at the trial or hearing. In instances where there is non-compliance, further legal actions may be necessary. It is crucial to keep copies of all forms and correspondence related to the subpoena for your records.
The SC-107 form, officially known as the "Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration," serves a dual purpose. It orders a witness to appear in court to provide testimony during a small claims court proceeding. Additionally, it requires the witness to bring any specified documents or items relevant to the case. This form ensures that necessary evidence and testimony are available during the trial or hearing to assist in a fair judgment.
The process of completing and serving the SC-107 form involves several steps:
Yes, witnesses order to appear in court as per the SC-107 form are indeed entitled to witness fees and mileage reimbursement for the distance actually traveled both ways, as per California law. These fees must be requested at the time of service or before the scheduled appearance directly by the witness from the party who has subpoenaed them. The specifics of these fees, including the amounts and eligibility, are outlined by relevant state statutes.
If an individual cannot appear in court as required by the SC-107 form, they should promptly contact the person listed in item 2a of the form. It's crucial to take immediate action to inform the subpoenaing party of any conflicts, seek clarification on the necessity of their appearance, or negotiate an alternative arrangement. In some scenarios, remote appearances may be allowed, or additional documentation might suffice in lieu of personal attendance. It's advisable to refer to the court's guidance or consult with a legal advisor for specific steps based on one’s situation.
Disobeying the SC-107 form can result in significant legal repercussions. The court may hold an individual in contempt for failing to comply with the subpoena, which can include fines and other penalties. Specifically, the form indicates a liable sum of five hundred dollars and all damages resulting from the failure to obey. These measures emphasize the importance of adhering to a court-ordered subpoena, underlining the legal obligation to participate in the judicial process when summoned.
When filling out the SC-107 form, certain mistakes can lead to significant delays or complications in a small claims case. Being aware of these common errors can help ensure that the process goes smoothly.
Not providing detailed information about plaintiff and defendant. It's crucial to include full names, addresses, and telephone numbers for all parties involved. This mistake can lead to issues with service and notification.
Failing to clearly specify the documents or things to be produced by the witness. The form requires detailed descriptions of the documents or items needed for trial or hearing, and generic descriptions are often not sufficient for legal purposes.
Omitting witness information, including their name, address, and telephone number if known. This oversight can prevent a witness from being properly served and may hinder their appearance at trial or hearing.
Incorrectly handling the production of documents section. This includes not checking the appropriate box to clarify whether the witness must appear in person or if producing the documents alone is sufficient. Also, failing to correctly package and mail the documents as instructed can result in non-compliance with the subpoena.
Neglecting to complete the declaration section properly, including not stating the good cause and materiality of the documents or things to the case. This can lead to challenges in enforcing the subpoena.
Each of these mistakes can be easily avoided by taking the time to carefully review the SC-107 form and ensuring that all required information is accurately and completely provided. This attention to detail can aid in the efficient resolution of the case.
When navigating the legal environment, especially within small claims court, it's essential to understand the variety of forms and documents that may enhance or are necessary to support your case, alongside the SC-107 form. Recognizing and preparing these documents can significantly impact the outcome of your case.
Understanding how each document fits into the broader context of your small claims case ensures that you're well-prepared and informed throughout the process. With the right documents in hand, you can present your case confidently, knowing you have taken the necessary steps to adhere to the protocols and procedures of the court. It’s not just about filling out forms; it’s about taking informed actions to advocate for your rights effectively.
The SC-107 form, known as the Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration, is an essential document in the legal process, specifically within small claims proceedings. It is similar to other legal documents that facilitate the collection of evidence, ensure the presence of witnesses, and support the procedural integrity of legal processes. Here are ten documents that share similarities with the SC-107 form:
Each of these documents serves a complementary function in the legal ecosystem, with the SC-107 form playing a pivotal role in small claims courts by ensuring the production of evidence and the appearance of witnesses essential for fair and expedient proceedings.
When filling out the SC-107 form for a small claims case, there are several important dos and don'ts to consider to ensure the process is handled accurately and respectfully.
When dealing with the Small Claims Subpoena (SC-107 form), various misconceptions can arise due to its complexity and specificity. Understanding these misconceptions is crucial for proper legal proceedings and compliance. Below are five common misunderstandings about the SC-107 form, each explained to promote clearer insights.
Dispelling these misconceptions about the SC-107 form can lead to more informed and compliant interactions with the legal system, ultimately facilitating smoother judicial processes for all parties involved.
Understanding the SC-107 form is crucial for ensuring the effectiveness and compliance of the subpoena process in small claims courts. Here are four key takeaways to keep in mind:
These takeaways highlight the essential aspects of filling out and using the SC-107 form properly. Ensuring accuracy, understanding the rights and obligations of witnesses, securing document production, and comprehending the legal ramifications are all crucial for navigating this process effectively.
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