The SC-107 form, officially known as the Small Claims Subpoena and Declaration, serves a crucial role in the California legal process. It is designed to order individuals to appear in court as witnesses and mandate the production of documents and items at a trial or hearing. This form's utility spans from ensuring the presence of critical witnesses to the provision of essential evidence, thereby facilitating the fair and comprehensive adjudication of small claims cases. If you need to ensure a witness's appearance or the availability of vital documents at your hearing, click the button below to start filling out your SC-107 form.
The SC-107 form, integral to California's legal landscape, serves a critical function within the small claims court framework, especially in the facilitation of evidence gathering and the involvement of witnesses. By compelling the personal appearance of witnesses and the production of documents and things at trial or hearing, it underscores the judiciary's commitment to ensuring a comprehensive presentation of cases. This form provides a structured medium for plaintiffs, defendants, or judgment creditors to formally request the presence of witnesses alongside necessary evidence critical to their case. Furthermore, it outlines the entitlements and obligations of witnesses, including fees, mileage compensation, and the consequences surrounding non-compliance, which may extend to contempt of court and associated penalties. Additionally, the form facilitates the production of consumer or employee records under specific legal provisions, underscoring its adaptability to varied case requirements while safeguarding privacy and compliance with state laws. Through detailed instructions and procedural steps, including the enclosed declaration and proof of service, the SC-107 form embodies a vital instrument in the adjudication process, ensuring parties can effectively substantiate their claims or defenses in California's small claims courts.
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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When undertaking the process of filling out the SC-107 form, it's pivotal to approach it with care and attention to detail. Designed for small claims proceedings in California, this form serves as a subpoena for a witness's personal appearance and mandates the production of specific documents or things at a trial or hearing. Given its legal weight, ensuring accurate and complete information is crucial. Here's a straightforward, step-by-step guide to help navigate through the form without any hiccups.
After completing and serving the SC-107 form, the next steps involve waiting for the witness to respond or produce the required documents, if applicable. During this time, preparing for the trial or hearing by organizing your evidence and rehearsing your arguments can be beneficial. Keep in close contact with the witness, if possible, to ensure they understand their role and the importance of their testimony or the documents they are providing. This preparation and clear communication can significantly impact the outcome of the case.
What is an SC-107 form?
The SC-107 form is a Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration. It's a document issued by the court, requiring a witness to either appear personally in court with certain documents or things or, under specific conditions, to send those documents to the court without their personal appearance.
How do I know if I need to fill out an SC-107 form?
You may need to fill out an SC-107 form if you are involved in a small claims case and believe that a witness or certain documents will be essential for your case. This form is used to legally require the presence of a witness or the submission of documents at a trial or hearing.
What information is required on the SC-107 form?
This form requires details including the name and address of the court, names and contact information of the plaintiff and defendant, and information about the witness or the documents needed. It also includes a declaration supporting the request for appearance and/or documents.
Am I entitled to witness fees if I'm subpoenaed with an SC-107 form?
Yes, if you're subpoenaed as a witness with an SC-107 form, you're entitled to witness fees and mileage actually traveled both ways, as provided by law, provided you request them at the time of service or from the subpoenaing party before your scheduled appearance.
What happens if I cannot produce the documents requested in the SC-107 form?
If you're unable to produce the requested documents, you should immediately contact the person named in item 2 of the SC-107 form to discuss the situation. Depending on the circumstances, the court may need to be informed, and additional legal advice may be necessary.
What should I do if I receive an SC-107 form?
If you receive an SC-107 form, carefully read the instructions. Determine whether you are required to appear in person or just send documents. Contact the person listed in item 2 with any questions regarding your appearance or the documents requested. Make sure to comply with the subpoena by the specified date to avoid any legal penalties.
How do I serve an SC-107 form?
An SC-107 form must be served to the person named in the subpoena either by personal delivery or as specified by the law. The process of serving this form includes filling out the proof of service section, which provides details of how and when the subpoena was served. It's recommended that a professional process server or law enforcement officer conduct the service to ensure proper legal procedure is followed.
When filling out the SC-107 form for a small claims case, it’s common for individuals, often without legal training, to make errors that could potentially affect the outcome of their case. One simple yet common mistake involves incorrectly or incompletely filling out the name and address details of the court, plaintiffs, defendants, and witnesses. This step is foundational as these details ensure that all parties are properly identified and notified. A single typo could lead to miscommunication or even a dismissal of the case.
Another error often seen on the SC-107 form relates to the section requiring details of the documents or things to be produced by a witness. Some individuals neglect to specify the exact documents needed, instead providing vague descriptions. This lack of specificity can lead to confusion, with witnesses unsure of what to bring, thereby potentially compromising the evidence available for the trial or hearing.
Additionally, a significant procedural step often overlooked is the proof of service section on the third page of the form. This section is crucial as it documents the process by which the subpoena was delivered to the named person. Failing to complete this section accurately, including the date and method of delivery, could render the subpoena unenforceable, as there would be no certified record of the witness being properly served.
It is also essential not to miss the section on witness fees and mileage. Many individuals forget to offer or demand witness fees as required by law, if not waived by the witness. This oversight can lead to non-compliance with legal obligations, creating potential financial liabilities or even causing a witness to be less cooperative.
Mistakes can also occur if individuals do not understand the distinctions between options a and b in the 'Production of Documents and Things' section. Without proper advice or careful reading, some may check the wrong option, misunderstanding the requirements for witnesses to produce documents without appearing in person versus appearing with documents. This confusion can result in significant delays and complicate the legal process.
Last but not least, an often-overlooked detail is the necessity to clear the form online after printing, for privacy and security reasons. This step is crucial in protecting personal and potentially sensitive information. Ignoring this final step puts individuals at unnecessary risk of their information being exploited.
While the SC-107 form facilitates the legal process in small claims courts, attention to detail is paramount. Properly understanding and completing the form not only aids in the efficient progress of a case but also ensures adherence to the legal requirements, minimizing the risk of unintended consequences.
When involved with small claims cases, particularly when utilizing the SC-107 form for subpoenas for personal appearance and production of documents and things at trial or hearing, various other forms and documents might be essential to support or accompany the process. These forms are vital for executing different aspects of legal proceedings and ensuring that all procedures are followed correctly.
The interplay of these documents with the SC-107 form underscores the procedural nuances of navigating small claims court. Properly utilizing these forms is essential for effectively presenting a case, complying with legal requirements, and achieving a favorable outcome. Knowledge and adherence to the specifications of these documents can significantly impact the proceedings and the resolution of a small claims matter.
The SC-107 form serves a specific function in small claims court, compelling witnesses to appear and produce documents. In its purpose and structure, it closely resembles the Civil Subpoena (Duces Tecum), which is used outside of small claims court for similar ends. Both documents require the recipient to attend court proceedings and bring specified documents or evidence. The key difference lies in their jurisdiction; while the SC-107 is specific to small claims, the Civil Subpoena (Duces Tecum) is applicable in a broader range of civil cases, demanding detailed compliance from the recipient to support the discovery process or trial preparation.
Another document akin to the SC-107 is the Notice to Appear (NTA), commonly employed in administrative or immigration courts. Like the SC-107, the NTA instructs individuals to present themselves at a specified time and place for a hearing. Although both forms mandated attendance, the NTA is primarily focused on immigration matters, providing detailed information regarding the nature of the hearing and the respondent's rights. Unlike the SC-107, which may require document production, the NTA's core function is to initiate proceedings by notifying individuals of charges against them.
Similarly, the Criminal Subpoena serves a purpose parallel to that of the SC-107 but within the criminal justice system. It orders witnesses to appear in court or produce evidence for a criminal trial. Despite the contextual differences—criminal versus civil matters—both forms are legal tools designed to ensure the presence of witnesses and the availability of necessary evidence during legal proceedings. The Criminal Subpoena, however, encompasses a wider range of complexities related to criminal law, including more stringent requirements for serving the document and potentially severe consequences for non-compliance.
Lastly, the Request for Production of Documents is linked closely in intent with the SC-107 form. This request, typically used during the discovery phase of litigation, requires one party to furnish relevant documents or evidence to the opposing party. Although it does not mandate personal appearance as the SC-107 does, it shares the objective of extracting tangible evidence crucial for building a case. Both documents are instrumental in the pre-trial phase, aiding in the accumulation of facts and testimonies that will later underpin arguments in court. Unlike the SC-107's court-mandated appearance, however, this request focuses solely on the exchange of information between the parties involved.
When filling out the SC-107 form, it's crucial to follow specific dos and don'ts to ensure the process is handled correctly. Here's a guide to assist you:
Things You Should Do
Provide complete and accurate information for all required fields, including names, addresses, and telephone numbers.
Attach additional sheets if you need more space to list all plaintiffs and defendants, ensuring that each is clearly identified.
Ensure that the documents are well-organized and relevant to the case when preparing documents for production as stated in section 4.
Follow the protocol for sealing and mailing records, as specified, including the use of envelopes and the correct addressing to the clerk of the court.
Sign the declaration under penalty of perjury to affirm that all information provided is true and correct.
Complete the proof of service section accurately to verify that the subpoena was served correctly.
Clear the form after printing to protect your privacy and personal information.
Things You Shouldn't Do
Do not leave any required fields blank. Incomplete forms can lead to delays or dismissal of your case.
Do not provide false information. Remember, signing under penalty of perjury means your statements must be truthful.
Do not neglect to attach the required documents and declarations, especially when requesting the production of documents and things.
Do not fail to comply with the specific mailing instructions for documents, as failure to do so might invalidate the subpoena.
Do not forget to offer or demand witness fees if applicable, as this is your responsibility under the law.
Do not serve the subpoena improperly. Ensure that the person served is eligible and the service is done according to court rules.
Do not ignore the need to clear the form after printing to secure your data and information.
When it comes to the SC-107 Form, also known as the Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration, there are several misconceptions that can mislead or confuse individuals. Understanding these misconceptions is crucial for anyone involved in a small claims process in California.
Misconception 1: The SC-107 form is only for getting documents. In reality, this form serves a dual purpose. It not only commands the production of documents and things at a trial or hearing but also orders a witness to appear in person. This is crucial for cases where live testimony could influence the outcome.
Misconception 2: Filling out the SC-107 form is complex and requires legal assistance. While legal advice can be helpful, the form is designed to be straightforward. With clear instructions on each section, individuals without legal expertise can complete it, provided they follow the guidelines carefully.
Misconception 3: Once the SC-107 is served, the witness is obligated to comply without any recourse. Witnesses have rights, including the right to object to the subpoena or request the court to quash (cancel) it. This is particularly relevant if complying with the subpoena would cause undue hardship or if the request is unreasonable.
Misconception 4: The SC-107 form guarantees the presence of a witness or the delivery of documents. Serving the subpoena is a crucial step, but it doesn't ensure compliance. The court can enforce the subpoena, but parties may need to take additional steps if a witness or documents are not forthcoming.
Misconception 5: Digital submission or email delivery of the SC-107 form is acceptable. The formal process involves personally delivering or mailing the form to ensure proper service. Digital submissions or email deliveries are not standard procedures and may not be legally binding.
Misconception 6: Anyone can serve the SC-107 form. While it’s true that many individuals can serve subpoenas, there are specific requirements and exemptions. For example, a party to the case cannot serve the subpoena. Understanding who is legally allowed to serve can prevent procedural errors.
Misconception 7: The SC-107 form is only relevant before a trial. This form can also be used to enforce a judgment by obtaining documents or things after a trial. This underscores its value not just before or during a trial, but also in the post-judgment phase.
Properly understanding the SC-107 form is essential for effectively navigating the small claims process in California. By debunking these misconceptions, individuals can better prepare their cases, ensuring they are both compliant with legal standards and equipped to utilize the law to their advantage.
Understanding the complexities and requirements of legal forms is essential, particularly in small claims court where individuals often represent themselves. The SC-107 form, utilized in the California small claims court system, is a crucial document for summoning witnesses and requesting the production of documents and things at a trial or hearing. Here are key takeaways about filling out and using the SC-107 form effectively.
Correctly completing and understanding the SC-107 form is vital for the smooth execution of small claims proceedings. It ensures that all parties are adequately informed, that evidence is properly presented, and that legal protocols are followed, contributing to a fair and efficient judicial process.
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