The SC-107 form is a Small Claims Subpoena used in California to compel a witness to appear in court and produce specific documents during a trial or hearing. This form ensures that both plaintiffs and defendants can gather necessary evidence to support their cases. To begin the process of filling out the SC-107 form, click the button below.
The SC-107 form serves a crucial role in the small claims process within California's legal system. It is primarily designed to issue a subpoena, compelling a witness to appear in court and provide specific documents or evidence pertinent to a case. This form includes essential information such as the names and contact details of the plaintiff and defendant, as well as the court's address. It outlines the obligations of the witness, including the date, time, and location for their appearance. Furthermore, it provides guidelines for the production of documents, allowing for either personal attendance or the submission of records by mail, depending on the circumstances. The SC-107 also emphasizes the importance of witness fees, which are available upon request, ensuring that individuals are compensated for their time and travel. Additionally, the form contains provisions for custodians of records, detailing the requirements for compliance with the subpoena. Failure to adhere to the SC-107 can result in legal penalties, underscoring its significance in the small claims process.
Name and Address of Court:
PLAINTIFF/DEMANDANTE (Name, address, and telephone number of each):
Telephone No.:
See attached sheet for additional plaintiffs and defendants.
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SC-107
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SMALL CLAIMS CASE NO.
DEFENDANT/DEMANDADO (Name, address, and telephone number of each):
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):
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.
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
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.
For trial or hearing (specify the exact documents or other things to be produced by the witness):
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY)
(See proof of service on page three)
Page two of three
PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING
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):
were offered or demanded
and paid. Amount: . . . . . $
were not demanded or paid.
f.Fee for service: . . . . . . . . . . . . . . . $
2.I received this subpoena for service on (date):
3.Person serving:
Not a registered California process server.
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.
(SIGNATURE)
PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA
AT TRIAL OF HEARING AND DECLARATION
Page three of three
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Completing the SC-107 form is a straightforward process that requires attention to detail. This form is essential for those involved in small claims cases, particularly when a witness is needed to appear in court. Follow these steps carefully to ensure all necessary information is accurately provided.
Once you have filled out the SC-107 form, make sure to review it for any errors. After confirming that everything is correct, print the form. For your privacy, remember to press the Clear This Form button to reset the form before closing it. This will help protect your information from being seen by others.
What is the SC-107 form?
The SC-107 form is a Small Claims Subpoena used in California. It orders a witness to appear in court and may require them to bring specific documents or items relevant to a case. This form ensures that necessary evidence is presented during a trial or hearing.
Who can issue an SC-107 form?
The SC-107 form can be issued by a party involved in a small claims case, such as a plaintiff or defendant. It is important that the person issuing the subpoena has a legitimate reason for needing the witness's appearance or documents.
What information do I need to fill out on the SC-107 form?
You will need to provide:
What happens if the witness does not show up?
If the witness fails to appear, they may be held in contempt of court. This could lead to penalties, including fines. It’s crucial to ensure that the witness understands their obligation to appear as specified in the subpoena.
Can I request witness fees?
Yes, you can request witness fees and mileage for the witness. These fees should be requested at the time the subpoena is served. It’s a good practice to discuss this with the witness in advance to ensure they are aware of their rights.
What if I need the witness to bring documents?
You must specify this on the SC-107 form. Indicate whether the witness is required to bring documents in person or if they can send them instead. If documents are to be sent, instructions for proper submission should be included.
How do I serve the SC-107 form?
The SC-107 must be served personally to the witness. You can do this yourself or hire a process server. Make sure to keep proof of service, as this may be required later in court.
What should I do after completing the SC-107 form?
After filling out the form, make copies for your records and for the witness. Serve the original to the witness, and file a copy with the court if required. Finally, remember to press the "Clear This Form" button for your privacy.
Filling out the SC-107 form can be a straightforward process, but many individuals make common mistakes that can lead to delays or complications. One frequent error occurs when people fail to provide complete and accurate information. For example, omitting the name, address, or telephone number of the parties involved can cause the court to reject the form or request additional information. It is essential to double-check that all required fields are filled out correctly before submission.
Another mistake is related to the service of the subpoena. Many individuals neglect to follow the proper procedure for serving the subpoena to the witness. The form requires that the subpoena be personally delivered to the witness, but some may attempt to send it by mail or use other methods that do not comply with legal standards. This oversight can lead to the witness not appearing in court, which could negatively impact the case.
Additionally, some people fail to check the appropriate boxes regarding the witness's requirements. The form offers options for whether the witness must appear in person or can submit documents without attending. Not indicating the correct option can create confusion and may result in the witness not bringing the necessary documents or failing to appear altogether. It is crucial to review this section carefully to ensure compliance with the requirements.
Finally, individuals often overlook the importance of witness fees. The form states that witnesses are entitled to fees and mileage if requested at the time of service. Failing to mention these fees can lead to disputes later on. It is advisable to clarify these details with the witness beforehand to avoid misunderstandings and ensure that the process runs smoothly.
When filing a Small Claims case, the SC-107 form is essential, but it often works in conjunction with other important documents. Each of these forms serves a specific purpose in the process, ensuring that everything runs smoothly and that all parties are informed. Below is a list of common forms and documents that are frequently used alongside the SC-107.
These documents play vital roles in the small claims process, helping to ensure that all parties are heard and that the court has the necessary information to make informed decisions. Understanding each form's purpose can greatly assist individuals navigating the small claims system.
Subpoena Duces Tecum: This document compels a witness to produce documents or evidence at a legal proceeding. Like the SC-107 form, it outlines the specific items required and the consequences for non-compliance. Both forms ensure that the necessary materials are available for the court's review.
Summons: A summons notifies a defendant of a legal action against them and requires their appearance in court. Similar to the SC-107, it specifies the date and time of the required appearance, ensuring that all parties are informed and can prepare accordingly.
Notice to Produce: This document requests that a party produce certain documents relevant to a case. Like the SC-107, it details the items needed and emphasizes the importance of their production for the case's outcome.
Affidavit of Service: This form confirms that legal documents were properly delivered to a party. Similar to the SC-107's proof of service section, it provides a record of when and how the documents were served, ensuring compliance with legal procedures.
Interrogatories: These are written questions sent to a party in a lawsuit, requiring them to respond under oath. Like the SC-107, interrogatories aim to gather necessary information for a case, helping to clarify issues before trial.
When filling out the SC-107 form, it's important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn't do:
Misconception 1: The SC-107 form is only for plaintiffs.
This form is designed for both plaintiffs and defendants. It serves as a subpoena for witnesses, requiring their appearance in court and the production of documents. Both parties can utilize this form to gather necessary evidence for their cases.
Misconception 2: Witnesses do not have rights under the SC-107 form.
Witnesses are entitled to certain rights, including the right to request witness fees and mileage reimbursement. They should be informed of these rights when served with the subpoena, ensuring they understand their entitlements.
Misconception 3: The SC-107 form guarantees the witness will appear in court.
While the form orders a witness to appear, there are circumstances under which they may be excused. If a witness has a valid reason or an agreement with the subpoenaing party, they may not need to appear.
Misconception 4: Only original documents can be submitted.
The form allows for the submission of copies of documents if the witness provides a completed declaration of custodian of records. This means that original documents are not always required, easing the burden on the witness.
Misconception 5: There are no penalties for failing to comply with the SC-107 form.
Failure to comply can result in serious consequences, including being held in contempt of court. This underscores the importance of understanding the obligations that come with receiving a subpoena.
Misconception 6: The SC-107 form is only relevant for small claims cases.
Although it is primarily used in small claims, the principles and procedures outlined in the form can apply to various legal contexts where subpoenas are necessary. Understanding its broader implications can be beneficial for anyone involved in legal proceedings.
Here are some key takeaways for filling out and using the SC-107 form:
Filling out the SC-107 form accurately is crucial for a smooth process in small claims court. Each detail matters.