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The Jud 100 form plays a crucial role in the California judicial system, specifically when it comes to the entry of judgments in civil cases. This form is utilized by both attorneys and parties without representation to formalize the court's ruling following various scenarios, including default judgments, stipulated agreements, and after trial proceedings. Key sections of the Jud 100 address the outcomes of these cases, specifying whether the judgment results from the defendant’s failure to respond, the mutual agreement of both parties, or the conclusion of a court trial. Furthermore, it details the amounts awarded—covering damages, prejudgment interest, attorney fees, and other costs—providing a comprehensive overview of the financial implications faced by the parties involved. The form also outlines essential procedural steps, such as proper service of the summons and complaint, and the necessity for a record of trial appearances. This structure not only offers clarity and transparency to the judicial process but also ensures that all parties understand their rights and obligations under the judgment entered. A careful review of the Jud 100 is advisable for anyone engaged in civil litigation in California, as it lays the foundation for enforcing judicial decisions and protecting the interests of all parties.

Jud 100 Example

 

 

 

 

 

 

 

 

 

 

 

JUD-100

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

 

 

 

FOR COURT USE ONLY

 

 

 

 

 

 

 

 

 

 

 

 

 

To keep other people from

 

 

 

 

 

 

 

 

 

 

 

 

 

seeing what you entered on

 

 

 

 

 

 

 

 

 

 

 

 

 

your form, please press the

 

 

 

 

 

TELEPHONE NO.:

 

FAX NO. (Optional):

 

 

Clear This Form button at the

 

 

E-MAIL ADDRESS (Optional):

 

 

 

 

 

 

end of the form when finished.

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLAINTIFF:

 

 

 

 

 

 

 

 

 

 

 

 

DEFENDANT:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUDGMENT

 

 

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Clerk

 

By Default

 

 

After Court Trial

 

 

 

 

 

 

 

 

By Court

 

On Stipulation

 

 

Defendant Did Not

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appear at Trial

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

JUDGMENT

BY DEFAULT

a.Defendant was properly served with a copy of the summons and complaint.

b.Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.

c.Defendant's default was entered by the clerk upon plaintiff's application.

d.

 

Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of

 

 

this state for the recovery of money.

e.

 

Court Judgment (Code Civ. Proc., § 585(b)). The court considered

 

 

(1)

 

plaintiff's testimony and other evidence.

 

 

 

(2)

 

plaintiff's written declaration (Code Civ. Proc., § 585(d)).

 

 

2.

ON STIPULATION

a.Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated

 

judgment and

 

 

b.

 

the signed written stipulation was filed in the case.

 

 

 

 

 

 

c.

 

the stipulation was stated in open court

 

the stipulation was stated on the record.

3.

AFTER COURT TRIAL. The jury was waived. The court considered the evidence.

a.The case was tried on (date and time): before (name of judicial officer):

b.Appearances by:

 

 

Plaintiff (name each):

 

 

 

 

Plaintiff's attorney (name each):

 

(1)

 

 

 

 

(1)

 

 

(2)

 

 

 

 

(2)

 

 

 

Continued on Attachment 3b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant (name each):

 

 

 

 

Defendant 's attorney (name each):

 

 

 

 

 

 

 

(1)

 

 

 

 

(1)

 

 

(2)

 

 

 

 

(2)

 

c.

 

Continued on Attachment 3b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant did not appear at trial. Defendant was properly served with notice of trial.

 

d.

 

A statement of decision (Code Civ. Proc., § 632)

 

was not

 

 

was

requested.

 

 

 

 

Page 1 of 2

Form Approved for Optional Use

Judicial Council of California

JUD-100 [New January 1, 2002]

JUDGMENT

Code of Civil Procedure, §§ 585, 664.6

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

JUDGMENT IS ENTERED AS FOLLOWS BY:

THE COURT

THE CLERK

4.

Stipulated Judgment. Judgment is entered according to the stipulation of the parties.

5. Parties.

Judgment is

a.

 

for plaintiff (name each):

 

and against defendant (names):

Continued on Attachment 5a.

b.

 

for defendant (name each):

6.Amount.

a.

 

Defendant named in item 5a above must

 

 

pay plaintiff on the complaint:

 

 

 

 

 

(1)

 

Damages

 

$

 

(2)

 

Prejudgment

 

$

 

 

 

interest at the

 

 

 

 

annual rate of

%

 

(3)

 

Attorney fees

 

$

 

(4)

 

Costs

 

$

 

(5)

 

Other (specify):

 

$

 

 

 

 

 

 

 

(6)

 

TOTAL

 

$

 

 

 

 

 

c.

 

for cross-complainant (name each):

 

 

and against cross-defendant (name each):

Continued on Attachment 5c.

d.

 

for cross-defendant (name each):

 

c.

 

 

Cross-defendant named in item 5c above must pay

 

 

 

 

cross-complainant on the cross-complaint:

 

 

 

 

 

 

 

 

(1)

 

 

Damages

 

$

 

 

 

 

(2)

 

 

Prejudgment

 

$

 

 

 

 

 

 

 

 

interest at the

 

 

 

 

 

 

 

annual rate of

%

 

 

(3)

 

 

Attorney fees

 

$

 

 

 

 

(4)

 

 

Costs

 

$

 

 

 

 

(5)

 

 

Other (specify):

 

$

 

 

 

 

 

 

 

 

 

 

 

 

(6)

 

 

TOTAL

 

$

 

 

 

 

 

 

 

 

b.

7.

 

 

Plaintiff to receive nothing from defendant

d.

 

 

named in item 5b.

 

 

 

 

Defendant named in item 5b to recover

 

 

 

 

 

 

 

 

costs $

 

 

 

 

 

 

and attorney fees $

 

Other (specify):

 

Cross-complainant to receive nothing from cross-defendant named in item 5d.

Cross-defendant named in item 5d to recover costs $

and attorney fees $

Date:

JUDICIAL OFFICER

Date:

Clerk, by

 

, Deputy

(SEAL)

CLERK'S CERTIFICATE (Optional)

 

I certify that this is a true copy of the original judgment on file in the court.

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

Clerk, by

 

 

 

 

, Deputy

 

 

 

 

 

 

 

 

 

 

Page 2 of 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUD-100 [New January 1, 2002]

JUDGMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

Save This Form

 

Print This Form

 

Clear This Form

 

button after you have printed the form.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form Characteristics

Fact Details
Name of Form JUD-100 - Judgment
Governing Laws California Code of Civil Procedure, §§ 585, 664.6
Purpose To record a judgment in civil cases, including default and stipulated judgments.
Who Uses It Attorneys or parties without attorneys in California Superior Courts.
Submission Method The form can be submitted to the court electronically or in paper format.
Key Sections Sections include details about the judgment, parties involved, and amounts owed.

Guidelines on Utilizing Jud 100

Completing the Jud 100 form is an essential step in formalizing a judgment in court. Following these steps carefully ensures that the information is accurately recorded, allowing for proper processing and resolution of your case.

  1. Start at the top of the form. Fill in the Attorney or Party Without Attorney section. Include your name, state bar number (if applicable), address, telephone number, fax number (optional), and email address (optional).
  2. Identify the Attorney For section. Input the name of the attorney representing either party if applicable.
  3. Fill out the Superior Court of California section. Provide the street address, mailing address, city, and zip code of the court.
  4. Complete the Branch Name section by specifying which branch of the court is involved in this case.
  5. In the Case Information section, list the names of the plaintiff and defendant along with the Judgment Case Number.
  6. Choose the appropriate judgment type. Options include Judgment by Default, On Stipulation, or After Court Trial. Check the box next to the one that applies.
  7. If selecting Judgment by Default, confirm that the defendant was properly served, provide details about their failure to respond, and reference applicable legal codes.
  8. For On Stipulation, indicate if both parties agreed to the judgment and provide evidence such as a written stipulation or court statements.
  9. If marking After Court Trial, enter the date and time of the trial, the name of the judicial officer, and list all parties present.
  10. Proceed to the Judgment Information section to state the outcomes for both the plaintiff and defendant, making careful note of the names involved.
  11. Fill in the total amount ordered to be paid by the defendant to the plaintiff, detailing any subcategories such as damages, interest, attorney fees, and costs.
  12. In case of a stipulated judgment, confirm that it represents the agreement of the parties involved.
  13. Lastly, sign and date the form. Ensure all relevant details are correctly captured to avoid processing delays.

Once completed, review the form thoroughly. Ensure all fields are filled accurately and that the necessary signatures are included. Press the Clear This Form button once you're done to protect your privacy. This helps keep your information confidential. After verification, proceed with filing the form as required by the court.

What You Should Know About This Form

What is the purpose of the JUD-100 form?

The JUD-100 form is used to formally document a judgment in a civil case within the California Superior Court system. It outlines the decision regarding the dispute, including details such as the parties involved, the basis for the judgment, and the amounts to be awarded, if applicable. This form helps to provide clarity and official recognition of the court's decision regarding the case.

When is a JUD-100 form necessary?

What information do I need to provide on the JUD-100 form?

When completing the JUD-100 form, you must provide details about the case such as the names of the plaintiff and defendant, the case number, and any amounts that are to be awarded. You'll also need to specify how the judgment was reached, whether by default, after a trial, or by stipulation. Additionally, include contact information for the attorney or party without an attorney, ensuring that all relevant data is accurate and up-to-date.

What happens if the defendant does not respond to the complaint?

If the defendant does not respond to the complaint within the legally permitted time frame, the plaintiff may apply to have a default judgment entered. This means that the court may issue a judgment in favor of the plaintiff by default, based on the evidence presented. The JUD-100 form is used to formally enter this judgment on the court record.

Can I submit the JUD-100 form electronically?

Submitting the JUD-100 form electronically may depend on the local court's rules regarding electronic filing. Many courts in California offer online systems for filing various documents. It's essential to check with the specific court's guidelines to see if electronic submissions are accepted and to follow any set requirements for electronic filings.

What should I do after completing the JUD-100 form?

After completing the JUD-100 form, it is important to review it for accuracy and completeness. Then, submit the form to the court either by filing it in person or via electronic submission, as permitted. Keep copies of the completed form for your records, and if required, serve a copy to the other party involved in the case. Maintaining these records is crucial for future reference or potential appeals.

Common mistakes

When filling out the JUD-100 form, individuals often encounter pitfalls that can jeopardize their case. One common mistake is failing to provide complete and accurate information. For example, if the names of the parties involved or their addresses are incorrect, it can result in delays or even dismissal of the case.

Another mistake is neglecting to indicate the correct type of judgment being sought. The form offers several options, such as judgment by default or on stipulation. Selecting the wrong option can confuse the court, leading to potential complications in the judgment process.

People also frequently overlook required signatures. Both the plaintiff and the defendant must provide their signatures on the form. If these signatures are missing, it could invalidate the judgment. Alongside this, it is crucial to ensure that any necessary attachments are included, as failure to do so can lead to an incomplete submission.

Calculation errors in the amount of damages sought are another serious issue. Accurately stating the total amount, including damages, prejudgment interest, attorney fees, and costs, is essential. Inaccuracies in these calculations can raise questions and prolong the case.

Additionally, not properly documenting the evidence supporting the claim can be detrimental. The form requires a clear presentation of the evidence presented at trial or the agreement reached in case of a stipulated judgment. Without this documentation, the court may struggle to substantiate the claims made.

People might also forget to include the relevant dates and details concerning the trial or stipulation. This includes dates, names of judicial officers, and parties involved. Providing this information is vital as it paints a clear picture for the court regarding the proceedings.

Finally, individuals sometimes fail to review the form for errors or omissions before submission. Taking a moment to double-check the completed form can prevent minor issues from escalating into major problems that could potentially derail the case.

Documents used along the form

The JUD-100 form is a key document used in court to record judgments. It is essential for various legal processes. However, there are other forms and documents that often accompany it. These additional documents help to provide clarity and support to the proceedings. Below is a list of these forms with a brief description of each.

  • Judgment by Default: This document is used when a defendant fails to respond to a lawsuit. It helps the court officially record the judgment in favor of the plaintiff without needing a trial.
  • Stipulated Judgment: This form indicates that both parties have agreed to a specific resolution of the case without a court trial. It is often filed after both parties reach a mutual agreement.
  • Statement of Decision: A statement of decision provides the court's reasoning for its judgment. Although usually requested, it can create transparency in the court process by detailing how the decision was reached.
  • Clerk’s Certificate: This document certifies that the judgment entered is a true copy of the original. It can provide additional verification and is often needed for record-keeping purposes.

These documents work together to ensure that the legal process is thorough and transparent. Understanding these additional forms can greatly assist anyone navigating the court system.

Similar forms

  • Judgment by Default Form: Similar to the JUD-100, this form outlines the process when a defendant does not respond to a lawsuit. It establishes the criteria under which a plaintiff can secure a judgment without a trial.

  • Statement of Decision: This document details the court's findings on the issues contested during a trial. Like the JUD-100, it provides a formal conclusion about responsibilities and outcomes as determined by the court.

  • Notice of Trial: This informs parties involved of the trial date and procedures. It shares similarities with the JUD-100 by ensuring that all parties are aware of their obligations and the timeline moving forward.

  • Stipulated Judgment Agreement: Derived from mutual consent between the parties, this form formalizes agreements outside of court. In this way, it aligns with the JUD-100's section on stipulated judgments.

  • Order of Dismissal: This document terminates a case without a hearing. Although it serves a different purpose, it similarly indicates that no further legal action is required, similar to findings in the JUD-100.

  • Judgment Enforcement Notice: This form communicates details about how a judgment will be enforced. Both documents are integral parts of the legal process that follow a court's determination.

  • Motion for Summary Judgment: This requests a court’s ruling without a trial, arguing that there are no significant facts in dispute. Like the JUD-100, it emphasizes decisions made based on evidence.

  • Affidavit of Service: Shows proof that documents were served to a defendant. This supports the JUD-100's need for proper service as a prerequisite for moving forward with a judgment.

  • Request for Default Judgment: This form is used when a plaintiff seeks a judgment after a defendant fails to appear. Its purpose parallels the JUD-100 in formalizing the outcome when a defendant does not respond.

  • Clerk’s Certificate: Similar to the certification in the JUD-100, it verifies the authenticity of court documents. This ensures that the contents of legal documents like judgments are official and recognized by the court.

Dos and Don'ts

When filling out the Jud 100 form, keep these tips in mind:

  • DO read the instructions carefully before starting.
  • DON'T leave any required fields blank; this can delay processing.
  • DO provide accurate information about all parties involved.
  • DON'T use legal jargon; simple language is better for clarity.
  • DO ensure your contact details are up-to-date for any follow-ups.
  • DON'T forget to sign and date the form before submission.
  • DO keep a copy for your records after printing.
  • DON'T submit without reviewing the form for errors.

Misconceptions

Misconceptions about the JUD-100 form can lead to confusion and mistakes in legal processes. Here are ten common myths about this important document:

  1. The JUD-100 form is only for attorneys.

    This is not true! Anyone involved in a court case can fill out this form, whether they have legal representation or are self-represented.

  2. You cannot file a JUD-100 without a court trial.

    Many people think a jury trial is necessary, but you can enter a judgment by default or stipulation without a trial. Understanding this can save time.

  3. The JUD-100 form is only used for monetary judgments.

    This misconception overlooks that the form can also involve other types of judgments as agreed upon by the parties involved.

  4. A judgment entered by a clerk has less weight than one made by a court.

    In legal terms, both judgments are valid. A clerk’s judgment is equally binding when the necessary conditions are met.

  5. You can adjust a JUD-100 form after submission.

    Once submitted, changes to the judgment cannot be made without going through the proper court procedures to amend it.

  6. The JUD-100 form only applies to civil cases.

    While it is true that the form is mainly used in civil contexts, there can be instances where it is relevant in other areas as well.

  7. You must have all parties present to enter a judgment.

    A judgment can still be entered even if one party does not appear, as long as they were properly notified and served.

  8. Filling out a JUD-100 does not assure that the plaintiff will win. The judgment depends on the evidence and procedures followed.

  9. The JUD-100 is designed to be accessible. While it does contain legal terms, its layout is intended for clarity.

  10. This is a critical mistake! Always retain a copy of the form for your records as it serves as legal proof of the judgment.

Understanding these misconceptions can help ensure more informed and effective handling of the JUD-100 form and the related court processes.

Key takeaways

Understanding the JUD-100 form is essential for anyone involved in civil litigation in California. Here are some key takeaways to keep in mind:

  • The form can be used for entering different types of judgments, including default judgments, stipulated judgments, and judgments after a court trial.
  • It is critical to provide accurate details about the parties involved, including their names and addresses, as well as the relevant case information.
  • Always ensure that service of the summons and complaint has been properly executed, especially in cases of default, to avoid potential challenges.
  • Press the "Clear This Form" button at the end of your session to protect your privacy and ensure that your information is not saved unintentionally.