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The SC-107 form plays a vital role in small claims cases in California, facilitating the process of summoning witnesses to appear in court. This form not only identifies the court and case details but also lists the names, addresses, and contact numbers for both plaintiffs and defendants involved. One of its significant functions is to issue subpoenas that compel witnesses to appear in person and present certain documents relevant to the case. The form provides specific instructions on witness fees and mileage reimbursement, clarifying that these should be requested during service. Additionally, it guides witnesses on whether they must appear in person or can submit the required documents without attendance. For those acting as custodians of consumer or employee records, the form outlines the necessary steps to ensure compliance, including the consideration for producing sensitive records. Lastly, it emphasizes the importance of clarity and privacy, reminding users to finalize their entries to protect personal information. Understanding this form is crucial for anyone involved in a small claims action, as it sets the stage for presenting evidence and ensuring a fair hearing.

Sc 107 Example

Name and Address of Court:

PLAINTIFF/DEMANDANTE (Name, address, and telephone number of each):

Telephone No.:

Telephone No.:

See attached sheet for additional plaintiffs and defendants.

To keep other people from seeing what you

SC-107

entered on your form, please press the Clear This

Form button at the end of the form when finished.

 

 

 

SMALL CLAIMS CASE NO.

DEFENDANT/DEMANDADO (Name, address, and telephone number of each):

Telephone No.:

Telephone No.:

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):

a.

 

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.

b.

 

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

SMALL CLAIMS SUBPOENA

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.

a.

For trial or hearing (specify the exact documents or other things to be produced by the witness):

b.

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.

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF PARTY)

(See proof of service on page three)

SC-107 [Rev. January 1, 2000]

SMALL CLAIMS SUBPOENA

AND DECLARATION

Page two of three

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE

AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING

AND DECLARATION

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):

(1)

 

were offered or demanded

 

 

and paid. Amount: . . . . . $

(2)

 

were not demanded or paid.

f.Fee for service: . . . . . . . . . . . . . . . $

2.I received this subpoena for service on (date):

3.Person serving:

a.

 

Not a registered California process server.

 

 

 

b.

 

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.

Date:

Date:

(SIGNATURE)

(SIGNATURE)

SC-107 [Rev. January 1, 2000]

PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA

FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS

AT TRIAL OF HEARING AND DECLARATION

Page three of three

Print This Form

For your protection and privacy, please press the Clear This

Form button after you have printed the form.

Clear This Form

Get Sc 107 PDF Form

Form Characteristics

Fact Name Fact Description
Form Purpose The SC-107 form serves as a Small Claims Subpoena, mandating the personal appearance of a witness and the production of documents at a trial or hearing in small claims court.
Governing Laws This form is governed by the California Code of Civil Procedure, specifically sections 1985 et seq., which outline the procedures for issuing subpoenas in civil cases.
Witness Fees Individuals who are subpoenaed are entitled to witness fees and mileage for travel, if they request these before their scheduled appearance.
Non-compliance Penalty Failure to comply with the SC-107 subpoena may lead to contempt of court, resulting in fines of up to five hundred dollars and requiring compliance with the court's order.

Guidelines on Utilizing Sc 107

Follow these steps carefully to fill out the SC-107 form. Completing this form is essential for ensuring that all necessary details are accurately recorded for your case.

  1. At the top of the form, fill in the Name and Address of Court.
  2. In the section labeled PLAINTIFF/DEMANDANTE, provide the name, address, and telephone number of each plaintiff. If there are multiple plaintiffs, see the attached sheet for additional space.
  3. Next, fill in the DEFENDANT/DEMANDADO section with the name, address, and telephone number of each defendant.
  4. Locate SMALL CLAIMS CASE NO. and enter the number associated with your case.
  5. In the box for witness details, provide the name, address, and telephone number of the witness, if known.
  6. Complete item 1a by filling in the Date, Time, and Address for the witness’s appearance.
  7. If you have questions about the witness's appearance time or date, provide the Name of subpoenaing party and their Telephone number in item 2.
  8. Detail the documents or things you want the witness to produce in item 4. Check either a or b based on your choice regarding witness attendance.
  9. If applicable, outline the specific documents or things to be produced under item 2a.
  10. In the declaration section, specify why you believe the requested documents are important.
  11. Complete any remaining signature and date sections with the required personal information.
  12. Once filled out, make sure to press the Clear This Form button at the end to protect your information.

After filling out this form, review it to ensure that all information is accurate and complete. Keep a copy for your records and understand the importance of timely submission to the court.

What You Should Know About This Form

What is the SC-107 form used for?

The SC-107 form is a Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing in California. It serves as a legal document that a party can issue to compel a witness to appear in court to testify and potentially produce certain documents or evidence relevant to the case. This form ensures that critical information is presented during legal proceedings, helping to uphold the integrity of the trial process.

Who can be subpoenaed using the SC-107 form?

Individuals who have relevant information or documents pertaining to a small claims case can be subpoenaed using the SC-107 form. This includes witnesses who may have been present at events related to the claim or individuals who possess documents critical for resolving the dispute. It is important to ensure that the individual being subpoenaed has the ability to provide the requested testimony or documents.

What are the witness fees involved?

Witnesses who comply with a subpoena issued via the SC-107 form are entitled to receive witness fees and reimbursement for mileage traveled to and from the court. To claim these fees, witnesses must request them at the time of service. It's advisable for witnesses to confirm their eligibility with the party subpoenaing them prior to their appearance in court to ensure they are adequately compensated.

What should I do if I cannot attend the court date specified in the SC-107?

If you are unable to attend the court date noted in the SC-107 form, it is crucial to communicate your situation as soon as possible. You may contact the party who issued the subpoena to discuss your circumstances. Depending on the reason for your absence, you might be able to negotiate a different arrangement, like a rescheduled date or a written statement in place of your testimony. It’s essential to address this promptly to avoid potential legal consequences for failing to appear.

What happens if someone disobeys the subpoena?

Disobeying a subpoena issued under the SC-107 can lead to serious consequences. This may include being found in contempt of court, which can result in fines or other penalties. Additionally, the person who fails to comply may be liable for damages that result from their failure to obey the subpoena. It is recommended that individuals take subpoenas seriously and seek legal advice if they have concerns about compliance.

Common mistakes

Completing the SC-107 form can be straightforward, but there are common mistakes that can lead to complications. One frequent error is failing to provide complete contact information for both the plaintiff and defendant. This includes their names, addresses, and telephone numbers. Incomplete information can result in delays and may hinder the court's ability to reach the involved parties.

Another mistake is neglecting to include all necessary parties on the form. If there are additional plaintiffs or defendants, individuals must ensure that they are listed accurately in the appropriate section. Omitting relevant parties can complicate the case and potentially jeopardize the proceedings.

Many people also overlook the importance of including a clear date and time for the witness to appear. Without this detail, confusion may arise, and the witness might not show up, impacting the case's outcome.

A common oversight involves ignoring the requirement for witness fees. Parties should understand that witnesses are entitled to receive fees and mileage for their appearance. Failing to request this compensation at the time of service may lead to disputes later on.

Inadequate attention to the section about document production is another frequent issue. It is essential to specify exactly which documents the witness is required to produce. General or vague descriptions can create confusion and may delay the court process.

People sometimes neglect to check the appropriate box concerning the witness's appearance. The distinction between requiring a personal appearance or accepting documents by mail must be made clearly. Miscommunication in this regard may lead to further complications.

Additionally, some may forget to sign and date the form before submitting it. A missing signature can render the form invalid and result in unnecessary delays in court proceedings.

Failing to follow the proper proof of service protocol is another common mistake. When serving the subpoena, individuals should document how and when it was delivered. Incomplete service information can challenge the validity of the service in the eyes of the court.

Lastly, individuals should be cautious about privacy concerns. After completing the form, pressing the "Clear This Form" button is critical to protect personal information from being exposed. Neglecting this step can lead to privacy violations.

Being mindful of these potential pitfalls can help ensure that the SC-107 form is completed accurately, facilitating a smoother process in small claims court.

Documents used along the form

The SC-107 form, used in small claims cases, often requires several supporting documents to ensure proper legal process. Below is a list of common forms and documents that may be utilized alongside the SC-107 form. Each document plays a crucial role in facilitating the case, ensuring that all parties are clear on their responsibilities and expectations.

  • SC-100: Plaintiff's Claim and Order to Go to Small Claims Court - This form initiates a small claims action by the plaintiff, outlining the claim and the relief sought from the court.
  • SC-120: Defendant's Claim and Order to Go to Small Claims Court - A defendant uses this form to counter a plaintiff's claim, detailing their own issues and requesting the court's involvement.
  • SC-130: Notice of Appeal - If a party wants to appeal a small claims decision, this form is necessary to formally notify the court of the intention to appeal.
  • SC-140: Request to Set Aside Judgment - This document is filed when a party seeks to challenge or overturn a judgment due to reasons such as being unaware of the original court hearing.
  • SC-200: Notice of Settlement - This form informs the court and the opposing party that a settlement has been reached before the case proceeds to trial.
  • Proof of Service - Essential to demonstrate that all parties received the necessary legal documents, proving service is key to the case's validity.
  • Declaration of Witness - A statement from a witness outlining their knowledge relevant to the case, providing evidence to support either side's claims.
  • SC-105: Notice of Intent to Defend - This form notifies the court of the defendant’s intent to appear and defend against the claim made by the plaintiff.
  • Exhibits/Attachments - Any additional documents or evidence that parties wish to present at the hearing should be attached to support their arguments.
  • SC-112: Request to Postpone Hearing - If additional time is needed before the trial, this form requests a postponement and must include valid reasons for the delay.

Using the correct forms and documents together with the SC-107 will help ensure clarity and minimize delays in small claims proceedings. Each document has a specific function that contributes to the overall case, making it essential to handle them properly.

Similar forms

  • SC-100: Small Claims Complaint - Similar to the SC-107, the SC-100 form is also used in small claims cases. It initiates the process by serving as the complaint from the plaintiff, outlining the claim against the defendant, establishing the context and details that will unfold in the proceedings.
  • SC-110: Small Claims Answer - This document serves as the defendant’s response to the plaintiff's complaint. Much like the SC-107, it requires specific information to be filled out, which directly addresses the claims made in the SC-100 and sets the stage for the upcoming hearing.
  • SC-120: Request to Postpone Hearing - The SC-120 is similar in that it involves the scheduling aspect of small claims court. It allows a party to request a delay in the hearing date, much like how the SC-107 deals with witness appearances and compliance based on set court dates.
  • SC-130: Small Claims Judgment - Similar to the SC-107, the SC-130 is issued by the court after a hearing. It represents the court’s final ruling in a small claims case, detailing the decision made regarding the claims that were presented during the proceedings.
  • SC-140: Notice of Appeal - This document allows a party to contest the ruling made in the small claims judgment. It is similar to the SC-107, as it also requires timely submission according to specific guidelines, ensuring that any concerns regarding the decision can be formally addressed.
  • SC-150: Application for Order to Produce Documents - In a way akin to the SC-107, this request is used to compel a party to provide documents. This application is essential for gathering evidence necessary for a small claims hearing, much like the SC-107 requests witnesses to produce specific records during trial.

Dos and Don'ts

When filling out the SC-107 form, there are important guidelines to follow. Here’s what you should do and what you should avoid:

  • Do ensure that all names, addresses, and telephone numbers are complete and accurate.
  • Don’t forget to review the entire form for any typos or missing information before submitting.
  • Do contact the subpoenaing party if you have questions about your required appearance.
  • Don’t neglect to check whether you need to provide documents along with your appearance.
  • Do request witness fees and mileage ahead of time if you're entitled to them.
  • Don’t assume that your appearance is optional; confirm if you are required to appear.
  • Do press the Clear This Form button after printing to safeguard your personal information.

Following these guidelines will help to ensure that your experience with the SC-107 form is straightforward and compliant with the required legal standards.

Misconceptions

Understanding the SC-107 form can sometimes be trickier than it seems. Here are nine misconceptions that people often have about this form:

  • It is only for plaintiffs. The SC-107 form can be used by both plaintiffs and defendants in small claims cases. Anyone who needs a witness to appear or produce documents can utilize this form.
  • Witnesses are always required to appear in person. This is not true. Under certain conditions, if the necessary documents are produced in advance, a witness may not need to attend personally.
  • You cannot request witness fees. Witnesses are entitled to fees and mileage for their appearance. It’s important to request these fees at the time of service to avoid confusion later.
  • Subpoenas can be ignored. Not responding to a subpoena can lead to serious consequences, including being held in contempt of court. Compliance is essential.
  • The SC-107 form is hard to complete. While the form may seem complex at first, it follows a logical structure. With careful attention, most people can fill it out correctly without legal aid.
  • Only attorneys can serve subpoenas. In fact, subpoenas can be served by anyone who is not a party to the case. It doesn't have to be an attorney.
  • Filing the SC-107 requires a formal hearing. This form does not necessarily mean that a hearing will take place; it is mainly a tool to gather necessary evidence or witness testimonies.
  • It is unnecessary to notify the other party about the subpoena. Transparency is important in legal proceedings. Notifying the other party can help avoid disputes and complications.
  • You can fill out the form incorrectly without consequences. Errors can lead to delays and may affect the validity of the subpoena, so it’s important to double-check all information.

Being informed about these common misconceptions can help individuals navigate the small claims process more smoothly. Clear understanding leads to better compliance and less stress in legal situations.

Key takeaways

Here are some key takeaways about filling out and using the SC-107 form:

  • Identify parties involved: Clearly list the names, addresses, and telephone numbers of the plaintiff(s) and defendant(s).
  • Court Information: Make sure to include the correct name and address of the court where the case is filed.
  • Witness Information: Provide accurate details about the witness, including their name and contact information if known.
  • Witness Appearance: Understand that the witness must appear at trial unless an agreement is made or another option is checked.
  • Requesting Fees: Witnesses are entitled to fees and mileage, but they must request these at the time of service.
  • Document Production: Clearly specify which documents or materials the witness needs to bring, if applicable.
  • Keep Copies: After completing the form, retain copies for your records, and ensure they are sent appropriately to all involved parties.
  • Respect Privacy: Press the Clear This Form button after printing to protect personal information from being seen by unintended parties.

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