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The SC-150 form, officially known as the Request to Postpone Trial, serves a critical function for individuals involved in small claims cases in California. Whether a person is the plaintiff or defendant, this form provides a formal process to request a new trial date or reschedule an existing one. Users are prompted to include essential details such as their name, contact information, and the current and requested trial dates. Crucially, the form requires an explanation for the postponement request, ensuring that the reasons are documented. If necessary, individuals can attach additional sheets to provide further information. This form must also be served to all parties involved in the case, necessitating completion of proof of service documentation. Additionally, those who need a quick resolution are reminded that the request should be submitted well in advance, especially if the trial is scheduled within ten days. Ultimately, timely submission and clear communication with the court help ensure that all parties are adequately informed of the decision regarding the postponement request.

Sc 150 Example

SC-150 Request to Postpone Trial

See instructions on other side.

cMy name is: Mailing address:

Phone:

I am a (check one):

plaintiff

defendant in this case.

dMy trial is now scheduled for (date):

eI ask the court to postpone my trial until (approximate date):

f I am asking for this postponement because (explain):

If your answer will not fit in the space below, check this box and attach your answer on a separate sheet of paper. Write “SC-150, Item 4” at the top.

Clerk stamps here when form is filed.

To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.

Fill in the court name and street address:

Superior Court of California, County of

Fill in your case number and case name:

Case Number:

Case Name:

gIf your trial is scheduled within the next 10 days, explain why you did not ask for a postponement sooner.

If your answer will not fit in the space below, check this box and attach your answer on a separate sheet of paper. Write “SC-150, Item 5” at the top.

hHas your claim been served by a method allowed by law? (See form SC-104B, What Is “Proof of Service”?, for information about how the claim can be served. Check and complete all that apply):

If your answer will not fit in the space below, check this box and attach your answer on a separate sheet of paper. Write “SC-150, Item 6” at the top.

a.

b.

c.

d.

No. I am a defendant and have not filed a claim in this case.

 

 

 

 

Yes. The parties listed below have been served:

 

 

 

 

(1)

 

 

, who lives in:

, was served on:

 

name

 

 

county

 

 

 

date

(2)

 

 

, who lives in:

, was served on:

 

 

 

 

 

 

 

 

 

 

 

name

 

 

county

 

 

date

No. The parties listed below have not been served (list names):

 

 

 

 

(1)

 

 

 

(2)

 

 

 

 

 

I do not know. The court clerk mailed my claim, and I do not know if the court received the signed receipt for these parties (list names):

(1)

 

(2)

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:

Type or print your name

 

Sign here

Judicial Council of California, www.courtinfo.ca.gov New July 1, 2010, Optional Form

Code of Civil Procedures, § 116.570, Cal. Rules of Court, rule 3.2107

Request to Postpone Trial

SC-150

(Small Claims)

Instructions for Form SC-150, Request to Postpone Trial

(This page is not part of Form SC-150 and does not need to be copied, served, or filed.)

Who can use this form?

Anyone who filed a small claims case and wants to postpone or reschedule the trial for any good reason, including because he or she has not served all of the defendants

Anyone who was sued in a small claims case and wants to postpone or reschedule the trial for any good reason

Do I have to use this form?

No. You may write a letter instead of using this form. Your letter should explain why you want to change your court date and include the other information that is requested on this form.

How do I ask for a postponement?

Fill out Form SC-150, Request to Postpone Trial, (on the other side of these instructions), or write a letter that includes the information requested on this form.

Have all other parties in your case served with a copy of your request. You may serve by mail or in person. Use Form SC-104, Proof of Service, or Form SC-112A, Proof of Service by Mail.

File your request and the completed Proof of Service with the small claims court clerk. You may have to pay a $10 fee, depending on when (or if) the claim was served. If you cannot afford to pay a required fee, see Form FW-001-INFO, Information Sheet on Waiver of Superior Court Fees and Costs.

How will I know the court’s decision?

If the court postpones the trial, the court will mail a notice with the new hearing date to all plaintiffs and defendants in this case.

If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will notify the person who filed the Request.

If you do not hear from the court, you should go to court on the scheduled trial date.

Need help?

For free help, contact your county’s small claims advisor: [local info here]

Or go to “County-Specific court Information” at www.courtinfo.ca.gov/selfhelp/smallclaims

New July 1, 2010

Request to Postpone Trial

 

 

 

 

 

(Small Claims)

 

 

 

For your protection and privacy, please press the Clear This Form

 

 

 

Save This Form

button after you have printed the form.

 

 

 

 

 

 

SC-150

Print This Form Clear This Form

Form Characteristics

Fact Name Description
Form Purpose The SC-150 form is used to request a postponement of a small claims trial.
Eligible Users Any party involved in a small claims case can use this form, including both plaintiffs and defendants.
Required Information The requester must provide their name, address, phone number, trial date, and the reason for postponement.
Governing Law The SC-150 form is governed by the California Code of Civil Procedure, § 116.570 and Cal. Rules of Court, rule 3.2107.
Alternative Method A written letter may substitute for the SC-150 form, provided it includes the same required information.
Filing Requirements The request for postponement must be filed with the small claims court clerk and may incur a fee.
Notification The court will notify all parties of its decision regarding the postponement by mail.

Guidelines on Utilizing Sc 150

Completing the SC-150 form is a crucial step for individuals who need to request a postponement of their trial in small claims court. Following the outlined steps below will ensure that all necessary information is provided accurately, facilitating the court's review of the request.

  1. Begin by entering your full name in the space provided at the top of the form.
  2. Write your mailing address, ensuring that it is complete and accurate.
  3. Provide your phone number for contact purposes.
  4. Indicate your role in the case by checking the appropriate box, either "plaintiff" or "defendant."
  5. In the section labeled "My trial is now scheduled for," fill in the date of your scheduled trial.
  6. Request a postponement by entering an approximate new date in the section "I ask the court to postpone my trial until."
  7. Explain the reason for your postponement request in the designated area. If additional space is needed, check the box to attach a separate sheet of paper, indicating "SC-150, Item 4" at the top.
  8. If your trial is within the next 10 days, explain why you did not request a postponement earlier. As before, use additional paper if needed and label it "SC-150, Item 5."
  9. Confirm whether your claim has been served according to legal requirements in the section following "Has your claim been served by a method allowed by law?" Check all applicable boxes. If more space is required, attach another sheet, and label it "SC-150, Item 6."
  10. If you are a defendant and have not filed a claim, select that option. If the parties have been served, list their names, addresses, and dates served as necessary.
  11. Include any names of parties who have yet to be served if applicable.
  12. Declare the accuracy of your statements by signing and dating the form at the bottom.
  13. Finally, choose the appropriate court name and address, along with your case number and case name, before submitting the completed form to the court.

After submitting the SC-150 form, the court will review your request for a postponement. You can expect to receive notification regarding the court's decision. If your request is granted, a new hearing date will be provided via mail. If it is not granted, the trial will proceed as originally scheduled. It is important to remember to check back with the court on the scheduled trial date if you do not receive any communication.

What You Should Know About This Form

What is Form SC-150?

Form SC-150, titled "Request to Postpone Trial," is a form used in California's small claims court. It allows plaintiffs or defendants to request a postponement of their scheduled trial date for various reasons. By submitting this form, individuals may seek additional time to prepare their case or due to circumstances such as not having served all parties involved.

Who can use Form SC-150?

This form can be utilized by anyone involved in a small claims case. This includes individuals who have filed a small claims suit and wish to postpone their trial or those who are being sued and want to reschedule the trial. Any good reason can be cited for the request, such as the need for more time to gather evidence or ensure that all defendants have been served properly.

Do I have to use Form SC-150, or can I write a letter instead?

The use of Form SC-150 is not mandatory. Individuals have the option to write a letter if they prefer. The letter should include all required information found on the form, such as the case number, names of the parties involved, and an explanation of why a postponement is necessary.

How do I submit a request for postponement?

To request a postponement, complete Form SC-150 or draft a letter with the necessary information. After filling out the form or writing the letter, serve all other parties involved in the case with a copy of the request. This can be done by mail or in person. Subsequently, file the completed request along with a Proof of Service form at the small claims court clerk's office. Be aware that a $10 fee may apply, depending on the timing of the claim’s service.

How will I know if my trial has been postponed?

If the court approves the postponement request, it will send a notice by mail to all parties, informing them of the new trial date. Should the court deny the request, the trial will proceed as originally scheduled. The individual who submitted the request will be notified of the court's decision. If no notification is received, it is advisable to attend court on the scheduled date.

What should I do if I cannot afford the fee associated with the request?

If an individual cannot afford the required fee to file the request for postponement, they can refer to Form FW-001-INFO, which provides information on how to apply for a fee waiver. Seeking assistance from the county’s small claims advisor or visiting relevant resources at the California court website may also be beneficial for additional guidance.

Common mistakes

Filling out the SC-150 form can be a straightforward process if you pay attention to detail. However, several common mistakes often occur that can hinder or delay your request to postpone a trial. Understanding these mistakes can help ensure that your form is completed correctly, ultimately making the process smoother for you.

One major mistake people make is failing to fill in all required information. Each section, including your name, mailing address, and phone number, must be completed. Omitting this information could result in the court being unable to contact you about your postponement request. Additionally, ensure that you clearly specify whether you are the plaintiff or defendant in the case.

Another frequent error involves miscalculating dates. When stating the date of your currently scheduled trial and the proposed date for postponement, it’s important to double-check these details. If the proposed new date is set too close to the trial date, the court may deny the request. Always give ample time for the postponement to be granted.

Some individuals forget to provide a valid reason for postponement. Simply stating "I want to postpone" is not enough. The court expects a detailed explanation of the circumstances that necessitate the delay. It’s best to articulate your reasons clearly. If your explanation requires more space, don’t hesitate to use an additional sheet of paper and label it appropriately.

A critical mistake people often overlook is the requirement for proof of service. If service has been completed, indicating who was served and the method used is necessary. Failure to provide this information can create complications. Similarly, if some parties have not been served, listing their names is crucial to keep the court informed.

Many fail to thoroughly read the instructions on the form. Those instructions are designed to help you understand what is needed at each stage. Ignoring them can lead to simple errors that might have been avoided. Be sure to familiarize yourself with the entire form before you start filling it out.

In some cases, individuals do not sign the form. A signature is a vital part of the process, as it confirms that you declare the information provided is true. Without a signature, the court will consider your submission incomplete.

Additionally, neglecting to serve all other parties involved can result in delays. It's essential to ensure that everyone who needs to receive your request is notified. Serving these parties properly allows the court to consider everyone’s position regarding the postponement.

People occasionally overlook the fee associated with filing the request. Depending on the circumstances, there might be a fee to file. Be sure to confirm whether you need to pay this charge and consider exploring options for waiving fees if necessary.

Finally, waiting too late to submit the form can be problematic. If the trial is scheduled within the next ten days, the request will be scrutinized more closely. It’s always best to submit your request as early as possible to allow ample time for consideration.

By being aware of these common mistakes, you can make the process of filling out the SC-150 form less stressful and more efficient. Attention to detail and adherence to instructions play a crucial role in successfully postponing a trial.

Documents used along the form

In the realm of small claims court, several forms and documents assist in ensuring that proceedings run smoothly. Each form serves a specific purpose, often related to requests, notifications, or evidence of service. Understanding these documents can aid individuals in navigating the system effectively.

  • SC-104, Proof of Service: This form verifies that all parties involved in a case have been duly notified about actions taken in court. It confirms that the necessary documents were delivered in accordance with legal requirements, helping to avoid potential delays or disputes.
  • SC-104B, What Is “Proof of Service”?: Serving as a guide, this document provides essential information on how to properly serve a claim or notice. It outlines acceptable methods for providing proof of service, ensuring compliance with legal standards.
  • SC-112A, Proof of Service by Mail: Similar to the SC-104, this form specifically addresses cases where documents are mailed to parties. It affirms that the mailing was executed correctly, which can be critical in cases involving defendants who may not be present.
  • FW-001-INFO, Information Sheet on Waiver of Superior Court Fees and Costs: For individuals facing financial hardships, this form provides information on how to request a waiver for court fees. It outlines the eligibility criteria and the process for applying, ensuring access to justice for all.
  • SC-150-INFO, Instructions for Form SC-150: This explanatory document provides detailed instructions on how to properly fill out the SC-150 form. It demystifies the process, making it more accessible for those unfamiliar with court procedures.
  • SC-101, Small Claims Court Case Cover Sheet: The cover sheet serves as an introduction to a small claims case. It requires basic information about the plaintiff and defendant, as well as the nature of the claim, streamlining the filing process.
  • SC-105, Notice of Change of Address: When a party involved in a case changes their address, this form must be filled out to inform the court and other parties. Keeping contact information up to date helps ensure smooth communication throughout the case.

Being familiar with these forms can significantly enhance one's ability to manage a small claims case. Each document plays an integral role in maintaining the integrity of the legal process and ensuring that all parties have the opportunity to participate fully.

Similar forms

The SC-150 form is used to request a postponement of a small claims trial. It functions similarly to other legal documents that serve specific requests or changes in court schedules. Here are four documents that are similar to the SC-150 form:

  • Request for Continuance: This document also seeks to delay court proceedings. It requires the requester to outline reasons, much like the SC-150. Both documents ensure that the parties involved understand the necessity of rescheduling.
  • Notice of Hearing: A notice of hearing informs participants about the date and time of court sessions. While the SC-150 requests a change, both documents serve to communicate essential scheduling information to all parties involved in a case.
  • Proof of Service: Forms like SC-104 or SC-112A confirm that documents have been properly delivered to all parties. The SC-150 relies on this proof to show that the postponement request has been communicated, ensuring fairness in the legal process.
  • Motion to Dismiss: This type of document requests the court to terminate cases or claims. While the SC-150 seeks to delay proceedings, both forms indicate a party's desire to alter the standard flow of a case within the judicial system.

Dos and Don'ts

When filling out the SC-150 form, it’s essential to approach the process with care. Here’s a straightforward list of things you should and shouldn’t do:

  • Do ensure that you provide complete and accurate information.
  • Do explain clearly why you need the postponement.
  • Do file the form as soon as possible, especially if your trial is coming up quickly.
  • Do include any necessary attachments if your answers exceed the provided space.
  • Don’t skip the Proof of Service; it’s crucial to notify other parties involved.
  • Don’t forget to press the Clear This Form button to protect your privacy after completion.

Filling out this form may seem daunting, but with these tips, you can navigate the process more easily. Best of luck with your postponement request!

Misconceptions

  • Misconception 1: The SC-150 form is only for plaintiffs.
  • This is incorrect. Both plaintiffs and defendants can use the SC-150 form to request a postponement of a trial in a small claims case. Anyone involved in the case who has a valid reason for rescheduling their trial can submit this request.

  • Misconception 2: You must use the SC-150 form; letters are not accepted.
  • This misunderstanding overlooks the fact that using the SC-150 form is optional. Individuals can alternatively write a letter that includes all necessary information requested by the form. Clarity and completeness are essential regardless of the method chosen.

  • Misconception 3: The court automatically accepts all postponement requests.
  • This is a common belief, but in reality, the court has the discretion to approve or decline a request to postpone the trial. If the court denies the request, the trial will proceed on the originally scheduled date.

  • Misconception 4: A fee must always be paid to file the SC-150 form.
  • This statement is misleading. While some individuals may be required to pay a fee, options exist for fee waivers under specific circumstances. Those who cannot afford the fee should inquire about available resources and assistance through the court.

  • Misconception 5: You will always be notified about the court's decision on the postponement request.
  • This assumption can lead to confusion. Although the court typically sends out a notification if the trial is postponed, there is no guarantee of a response. If no communication is received, the individual should attend the trial on the originally scheduled date.

Key takeaways

  • Form SC-150, titled Request to Postpone Trial, is intended for individuals involved in small claims cases who wish to reschedule their trial.
  • The form must include basic personal information, such as your name, mailing address, and phone number.
  • It is important to clearly state whether you are the plaintiff or defendant in the case.
  • You should indicate the current trial date and your desired new date for the trial.
  • Explain the reason for the postponement in the space provided. If necessary, you can attach a separate sheet with details.
  • If the trial date is within ten days, be prepared to explain why you are requesting a postponement on short notice.
  • Make sure to check if the claim has been served properly according to the law.
  • Filing the form might require a small fee, which varies based on the timeline related to service of the claim.
  • All parties involved in the case should receive a copy of your request to postpone the trial, either by mail or in person.
  • After submission, you will be notified by the court regarding the decision on your postponement request.