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.
Bakersfield California Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration
State:
California
City:
Bakersfield
Control #:
CA-SC-107
Format:
PDF
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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
You must arrange to have the subpoena served personally on the person named in the subpoena. The subpoena can be served by a constable, sheriff, private process server, or any person over eighteen years old who is not a party to the case. Along with the subpoena, you must also serve a check for a witness fee.
The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify.
The witness has to be served with a copy of the subpoena. You or anybody else can give a copy of the subpoena to the witness. After they get a copy, the server fills out the Proof of Service on the last page of the original Subpoena form. Bring the original subpoena and completed proof of service with you to the trial.
You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.
You yourself can file your claim with the court even without a lawyer representing your case. The Revised Rules of Procedure for Small Claims Cases (Revised Rules), as amended, provides for a step-by-step procedure on how to do this.
You won't need witnesses for most small claims but it's useful to have a witness if there's an important point they can give evidence on - like someone who saw an accident happen. If you've been injured, you might need an expert - like a doctor who can give an opinion on your injury and how well you'll recover.
Serve the Notice. For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date. A judge may order a shorter time for service, but you must ask for it.
Code of Civil Procedure Section 116.780(c) states that an award of attorney fees up to $150 in connection with a small claims appeal may be awarded and under Code of Civil Procedure Section 116.790, the amount can be up to $1,000 if the superior court finds the appeal was ?without substantial merit and not based on
No legal representation by an attorney or advocate is allowed in the SCC. If a plaintiff's claim exceeds R20 000, part of the claim may be abandoned.
Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed.