Declaration for Subpena Duces Tecum: This Declaration is made by either the Plaintiff or Defendant involved in small claims court. The Declarant states that he/she needs the subpoened person present at the trial, or hearing, on this matter. The court then orders that he/she must appear, and bring with them any documentation which is relevant to the proceeding.
Form Sc-107 Instructions
State:
California
Control #:
CA-SC-107
Format:
PDF
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Description
How to fill out California Small Claims Subpoena For Personal Appearance And Production Of Documents At Trial Or Hearing And Declaration?
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FAQ
There is normally just one hearing in any small claims dispute. You are obliged to attend the hearing along with any witnesses who have been asked to provide witness statements prior to the hearing.
Take a blank Deposition Subpoena for Production of Business Records (form SUBP-010) to your court clerk's office. The clerk will issue the subpoena. This means the clerk signs and stamps the subpoena before you fill it out. Bring a separate one for each person, business, or agency you want to subpoena.
Objections: The other party may object to the notice. He or she must file and serve written objections within 5 days from when the date the Notice was served (or any other time ordered by the court) and state the reasons for the objections.
Proof of Service (Small Claims) (SC-104) Tell the court you had the other side served with the papers you filed to start the Small Claims case. The person who delivered the papers (your server) must sign the form.
The subpoenaed person may apply to have the subpoena set aside if it amounts to an abuse of the court process. A typical example of an abuse of process is when a party to a civil case requests a subpoena for the production of documents that are irrelevant to the matter at hand.