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Understanding legal documents can often feel like navigating through a maze, especially when it comes to the intricacies of handling a small claims case. One essential tool in this process is the SC-107 form, also known as the Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration. This form plays a crucial role by ordering a witness to appear at a trial or hearing and, if necessary, bring specified documents or things that are important for the case. It details the name and address of the court, the plaintiff and defendant information, and the exact requirements for the witness, including how and when to appear. Moreover, it offers a clear procedure for witnesses who need to produce documents, reflecting the laws coded in the Evidence Code sections 1560, 1561, and 1562. Particularly useful is its straightforward guidance on managing sensitive consumer or employee records, emphasizing privacy and legal compliance. The form not only makes it easier to request the presence of a witness or the production of documents but ensures that all parties understand their rights, the potential for penalties in case of non-compliance, and the procedural steps for submission and service of subpoena documentation. Overall, the SC-107 is a pivotal document for anyone involved in a small claims process, demystifying some of the legal formalities and helping to ensure that justice is served efficiently and effectively.

Preview - Sc 107 Form

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

Download Sc 107 PDF Form

Form Data

Fact Name Detail
Governing Law Code of Civil Procedure, Judicial Council of California § 1985 et seq.
Form Number SC-107
Form Revision Dates January 1, 2000, and December 2, 2016 (L-520)
Purpose Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration
Issuing Authority Clerk of the Court, Deputy David H. Yamasaki
Privacy Feature Includes a "Clear This Form" button to protect privacy after printing
Subpoena Requirements Ordered to appear and/or produce documents; witness fees and mileage may be requested; specific procedures for custodians of records
Service Proof Required Proof of Service section details how and when the subpoena was served, including fees paid or demanded

Instructions on Utilizing Sc 107

Filling out the SC-107 Small Claims Subpoena form requires careful attention to detail. This document is necessary when you need a witness to appear in court or produce documents for a small claims trial or hearing. By following these steps, you can ensure that your form is filled out correctly, significantly contributing to the preparation of your small claims case.

  1. Start by writing the Name and Address of Court at the top of the form. This information is crucial as it identifies the jurisdiction where the case is being heard.
  2. Under PLAINTIFF/DEMANDANTE, provide the name, address, and telephone number of each plaintiff involved in the case. If there are additional plaintiffs and defendants, indicate that their details are on an attached sheet.
  3. Fill out the DEFENDANT/DEMANDADO section similarly, listing the name, address, and telephone number of each defendant. Remember, if more space is needed, you can note that additional information is provided on an attached sheet.
  4. In the section labeled THE PEOPLE OF THE STATE OF CALIFORNIA, TO, enter the name, address, and telephone number of the witness you are subpoenaing. This part is essential to ensure the witness understands the summons is meant for them.
  5. State the date, time, and location where the witness is ordered to appear in the box provided. Make sure to fill out this information accurately to avoid any confusion.
  6. Under the section asking if the witness has any questions about their appearance, provide the name and telephone number of the subpoenaing party—this helps the witness know whom to contact with any inquiries.
  7. If you require the witness to produce documents at the trial or hearing, complete item 4 by specifying whether their personal appearance is required (option a) or not required if documents are provided in advance (option b). Then, clearly describe the exact documents needed.
  8. Complete the DECLARATION IN SUPPORT OF SMALL CLAIMS SUBPOENA on page two by indicating your relationship to the case (plaintiff, defendant, judgment creditor) and detailing the documents or things that need to be produced by the witness.
  9. Explain why there’s a good cause for the production of these documents or items and how they are material to the case. If necessary, continue your explanation on an attached sheet.
  10. Sign and date the declaration under penalty of perjury, printing your name clearly. This act verifies the truthfulness of your statements on the form.
  11. Lastly, on page three, complete the PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA section after the form has been served to the witness, detailing the method of service, by whom it was served, and any fees associated with the service.

Once the SC-107 form is properly filled out and served, you have completed a crucial step in your small claims process. This form ensures that the necessary individuals are legally notified to appear or provide evidence at your hearing or trial, moving your case forward. Remember to keep copies of all documents for your records and follow any additional instructions provided by your local court.

Obtain Answers on Sc 107

  1. What is an SC-107 form used for in California Small Claims Court?

    The SC-107 form, also known as a Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration, serves a dual purpose. First, it orders a witness to appear at a small claims court trial or hearing. Second, it requires the witness to bring specific documents or items to the court that are important for the case. This form is crucial when a witness's testimony and evidence they possess could significantly impact the outcome of the case.

  2. How does a witness know if they need to appear in person or can submit documents without appearing?

    A witness will find instructions on the SC-107 form indicating whether they must appear in person or if they can submit the required documents without a personal appearance. The form has two checkboxes, one for each scenario. If the box indicating personal appearance is checked, the witness must come to court with the documents. If the second box is checked, the witness can mail the documents to the court along with a completed declaration of the custodian of records, following the detailed instructions provided on the form.

  3. Are witness fees required to be paid when serving the SC-107 subpoena?

    Yes, witnesses are entitled to receive fees and mileage for the distance actually traveled both ways, as specified by law, but only if they request them at the time of service. The SC-107 form mentions that the witness can request these fees before the scheduled court appearance from the party who issued the subpoena. The fees serve as a small compensation for the witness's time and any costs related to traveling to and from the court.

  4. What should a custodian of records do if served with an SC-107 form regarding consumer or employee records under CCP sections 1985.3 or 1985.6?

    When a custodian of consumer or employee records is served with an SC-107 form, they are not required to produce those records immediately. If a motion to quash the subpoena or an objection has been served on the custodian, they must wait for a court order or an agreement from all parties involved, including the consumers or employees whose records are requested, before producing the records. It's important for the custodian to follow these legal steps carefully to ensure the privacy and rights of the individuals whose records are being subpoenaed are protected.

Common mistakes

Filling out legal forms requires attention to detail. A common form that people often need help with is the SC-107 Small Claims Subpoena form. Mistakes on this form can delay proceedings or impact the outcome of a case. Here are seven common errors:

  1. Not providing complete information for the plaintiff and defendant, including full names, addresses, and telephone numbers. This is crucial for court communications and service of process.

  2. Failing to list additional plaintiffs and defendants on an attached sheet when space provided on the form is insufficient, leading to incomplete representation in the case filings.

  3. Incorrectly filling out the witness section, either by providing incomplete information about the witness or by misunderstanding the requirements for a witness's appearance and document production.

  4. Omitting details about the documents or things that need to be produced by the witness at trial or hearing, which can result in crucial evidence being excluded.

  5. Not properly indicating whether the presence of a custodian of records is excused if the declared documents are provided, potentially leading to an unnecessary appearance or absence of a required witness.

  6. Forgetting to attach the declaration of the custodian of records when documents are being produced without personal appearance, which is necessary for compliance with Evidence Code sections.

  7. Incorrectly completing or not providing the Proof of Service of Small Claims Subpoena section. Proper service is essential for the subpoena to be enforceable.

These mistakes can seriously impact the legal process, leading to delays or unfavorable outcomes. It is advisable to review each section carefully and consult legal resources if there's any uncertainty about how to properly fill out the form.

Documents used along the form

When pursuing a matter in small claims court, parties often utilize a variety of forms and documents in addition to the SC-107 form (Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration). Understanding these additional documents can help in adequately preparing for a case.

  • SC-100: Plaintiff’s Claim and ORDER to Go to Small Claims Court – This is the initial form used to file a small claims lawsuit. It outlines the plaintiff’s claim against the defendant.
  • SC-104: Proof of Service – Once the SC-107 or any other court document is served, this form is filled out to prove to the court that the documents were properly delivered to the other party.
  • SC-120: Defendant’s Claim and ORDER to Go to Small Claims Court – Used by the defendant to file a counterclaim against the plaintiff. It's similar to the SC-100 but from the defendant's perspective.
  • SC-200: Instructions to the Sheriff – This document provides instructions to the sheriff or a registered process server for serving court documents on behalf of the party who requested the service.
  • SC-201: Notice of Entry of Judgement – Sent by the court, this document provides official notification of the judgement entered in the case.
  • SC-220: Request to Make Payments – If a party ordered to pay money in a small claims judgment wishes to make payments over time, this form can be used to request such an arrangement from the court.
  • MC-030: Declaration – Often attached to other forms to provide additional details or evidence in written format. It's a versatile form used for various declarations under penalty of perjury.
  • EJ-130: Writ of Execution – After obtaining a judgment, if the debtor does not pay voluntarily, this form is used to request the court's assistance in enforcing the judgment through mechanisms like garnishing wages or levying bank accounts.

Thoroughly understanding and appropriately using these additional forms and documents can significantly influence the outcome of a small claims matter. Each document serves a specific purpose in the judicial process, facilitating clearer communication between parties, the court, and any involved entities such as law enforcement or financial institutions. It's crucial for parties involved in small claims actions to familiarize themselves with these forms to effectively navigate the complexities of the legal system.

Similar forms

  • Subpoena Duces Tecum: This document is similar to the SC-107 form as it also requires a person to produce documents, records, or tangible things at a trial or hearing. The key difference lies in the jurisdiction and the specific court rules that govern how each is issued and enforced.

  • Summons: A summons, like the SC-107 form, is a formal notice issued by a court that orders a party to appear in court on a specific date and time. However, unlike the SC-107, a summons typically does not require the production of documents but rather the presence of the individual in court.

  • Civil Subpoena for Personal Appearance at Trial or Hearing: This document is akin to the SC-107 form in that it mandates an individual's appearance at a legal proceeding. Both aim to ensure the witness's testimony or evidence is available during the trial or hearing.

  • Notice to Attend Hearing or Trial: Similar in purpose, this notice requires parties or witnesses to be present at a hearing or trial, akin to the SC-107 form. The key distinction is that it may not necessarily involve the production of documents.

  • Temporary Restraining Order (TRO): While serving a very different purpose, a TRO is similar in the sense that it is an immediate, court-issued document that commands an action or forbids a party from specific acts, akin to how an SC-107 demands the appearance or document production.

  • Writ of Execution: This court order allows for the enforcement of a judgment, typically involving the seizure or sale of property. It's similar to the SC-107 form in its function as a mechanism to enforce court mandates, though in different contexts.

  • Deposition Subpoena: Like the SC-107 form, a deposition subpoena requires a witness to appear and testify under oath before a legal proceeding. It can also compel the production of documents relevant to the case.

  • Writ of Attachment: This legal document authorizes the seizure of property before the conclusion of a lawsuit to secure the judgment's eventual enforcement. While its purpose differs, the writ of attachment is akin to the SC-107 in that it is a tool used to ensure that legal processes are upheld and that necessary evidence or assets are available as needed.

Dos and Don'ts

When filling out the SC-107 form, it’s important to follow some do's and don'ts to ensure the process is done correctly and efficiently. Below are key points to consider:

  • Do carefully read the entire form before starting to fill it out. This ensures you understand what is required and helps prevent mistakes.
  • Do provide accurate and complete information for each section. Inaccuracy can lead to delays or complications in your case.
  • Do use additional sheets if the space provided on the form is not sufficient. Remember to reference these sheets correctly as per instructions on the form.
  • Do remember to press the "Clear This Form" button after printing if you’re filling it out electronically. This protects your privacy and ensures your personal information is not accessible to others afterwards.
  • Don’t leave sections blank. If a section does not apply to your situation, indicate this with "N/A" (Not Applicable) instead of leaving it empty.
  • Don’t use informal language or abbreviations. Keep the content professional and in accordance with legal statutory requirements.
  • Don’t forget to attach any required documents or additional sheets as stated within the form’s instructions. Ensure all attachments are referenced and organized.
  • Don’t ignore the requirements for serving the form. Be sure to follow the specific instructions for how to correctly serve the subpoena to all relevant parties.

Following these guidelines will help ensure that your SC-107 form is correctly filled out and processed without unnecessary delay, contributing to a smoother legal process.

Misconceptions

Many individuals often carry misconceptions about the SC-107 form used in small claims court, particularly regarding subpoenas for personal appearances and the production of documents and things at trial or hearing. Understanding these misconceptions is crucial for accurately navigating legal procedures.

  • Misconception 1: The SC-107 form can be used in any court case. The SC-107 is specifically designed for small claims cases in the state of California. It is not applicable for use outside of this jurisdiction or court division.

  • Misconception 2: Submission of this form will automatically excuse a person from attending court. Completing the SC-107 form does not provide an automatic pass to skip court; it is a request that must be approved, and excusal is noted in part 4b of the form.

  • Misconception 3: Witness fees are optional. The form clearly states that witnesses are entitled to fees and mileage as per the law, if requested at the time of service.

  • Misconception 4: The form requires the personal appearance of witnesses in all cases. The SC-107 offers an option (item 4b) where witnesses can supply documents without appearing in person, provided specific conditions are met.

  • Misconception 5: Any document can be demanded via this subpoena. The documents or things requested must be specified and relevant to the case; broad, irrelevant requests are not permissible.

  • Misconception 6: The filing party does not need to make their information known to the witness. The form requires the name and telephone number of the subpoenaing party to be included so the witness knows whom to contact with any questions.

  • Misconception 7: Witnesses need to find out on their own how to get their witness fees. It is the responsibility of the person named in item 2 to inform witnesses about how to request their fees and mileage.

  • Misconception 8: Documents can be produced in any manner the witness sees fit. If documents are to be produced without the witness's personal appearance, there is a specified process that must be followed for packaging and mailing the documents as described in item 4b.

  • Misconception 9: Only the court needs to receive the documents. A copy of the documents and the declaration must be sent to the clerk of the court as well as to the attorney or party listed at the top of the form.

  • Misconception 10: Clearing the form digitally removes all need for privacy protection. While the "Clear This Form" button is a handy digital tool for privacy, individuals should still be mindful of protecting sensitive information in printed and digital communications.

Understanding the specifics of the SC-107 form is essential for parties involved in small claims proceedings in California. Misinterpretations can lead to procedural errors that may impact the outcome of a case.

Key takeaways

Filling out and using the SC-107 form, which is the Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing, requires attention to detail and an understanding of its purpose. This document serves as a directive from the court, ordering a witness to appear at a hearing or trial and, in some cases, to bring specified documents or items. Below are key takeaways to help navigate this process effectively:

  • Identification and Communication: Clearly fill in the name, address, and telephone number of both the plaintiff/demandante and the defendant/demandado. Remember to provide contact information of the subpoenaing party in item 2 so the witness knows whom to contact if they have questions about the subpoena. This step is crucial for ensuring all parties are accurately identified and can communicate effectively regarding the court appearance.
  • Witness Fees and Mileage: Witnesses are entitled to fees and mileage reimbursement as per the law, provided they request these at the time of service. It's important to make this known to witnesses to comply with legal obligations and encourage their cooperation by acknowledging their right to compensation for time and travel costs.
  • Document Production Requirements: If the witness is ordered to produce documents, the form differentiates between those required to appear in person and those who can comply by sending documents. Make sure this section is filled out thoroughly, specifying exactly what documents or items are needed and the process for their production. This clarity is necessary to ensure that specific, relevant materials are supplied without confusion.
  • Handling Sensitive Records: The form outlines procedures for handling consumer or employee records, stressing the need for a court order or agreement under certain circumstances before these can be produced. This protects sensitive information and ensures compliance with privacy laws. Additionally, disobeying the subpoena can lead to legal and financial penalties, emphasizing the importance of adherence to its stipulations.

Properly completing and serving the SC-107 form is a structured process that demands precise attention to instructions. It facilitates the legal process by ensuring that all necessary individuals and documents are present at a trial or hearing, thus supporting the fair and efficient administration of justice.

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