Alameda County Superior Court
Small Claims Court Self Help
Get Ready for Your Day in Court
This section tells you about:
- How do I get a continuance?
- What if I have a disability and need special
accommodations?
- What if I need an interpreter?
- What should I bring to my hearing?
- What will happen at the hearing?
- What is a Pro Tem judge?
- Is it too late to settle before the hearing?
- How to present your case
- How to ask for costs
- What happens if I miss the court hearing?
- How do I get a continuance?
If you have a good reason to change the hearing to a later date, you can write to the court and ask to change your hearing date. Lawyers call this a "continuance". Send a copy of your letter to the other party.
In general, you have to pay a $10.00 fee when you send your letter. But you don’t have to pay a fee if the defendant: - Asks for a new hearing date because he or
she wasn't served
properly, or
- Asks for a continuance
before the plaintiff
served them with the claim.
You
have to have a good reason to change your hearing date. The court will
usually change your hearing date if:
- The plaintiff hasn't had
a chance to serve the defendant,
- The defendant wasn't
served enough days before the hearing,
- The defendant filed a cross claim, but the
plaintiff wasn't served at least 5 days before the hearing.
Exception: If the defendant was served less than 15 days before the hearing date, the defendant can serve the plaintiff until the day before the hearing. - The court thinks that
the parties want to try mediation
or another form of alternative dispute resolution.
If
you're not sure if your reason is good enough to change the hearing date, ask
a small claims advisor.
- What if I have a
disability, and I need special accommodations?
If you have a disability and need help, get a form called Request for Accommodations form #MC-410 from the clerk. People with hearing disabilities can use TDD numbers to contact the court. Click on the courthouse name to go to the page with TDD numbers and location information.
- What if I need an
interpreter?
If you don't speak English and you’ll have a hard time presenting your case in court, ask the clerk how to get an interpreter to go to the hearing with you.
The court can’t give you an interpreter. If you can pay for an interpreter, look at the list of interpreters on the state's judicial council website. Your interpreter can't be a lawyer and can't represent you.
If you can't pay for an interpreter, bring someone who speaks English. You have to ask the court to let that person be your interpreter.
- What should I
bring to my hearing?
Bring all the evidence that will help the judge understand the case. This can be:
- A written contract,
- Receipts
- Letters
- Estimates in writing
- Repair orders
- Photographs
- Canceled checks
- Account books
- Advertisements
- Warranties
- Service contracts, or
- Other documents.
If
you can, bring originals and not copies. If your case is about damaged property,
some courts ask you to show 2 or 3 repair estimates to prove that your claim
is reasonable. Make a map, diagram, or drawing if it will help you explain
your case.
Make 2 copies of any paper you want to give the judge. The judge can ask you
to give 1 copy to the other person and keep 1 copy in the court's file.
Usually you can keep your original.
In small claims court, the judge will ask any question that will help him/her
understand the case. They can also take information and evidence into account
that wouldn’t be allowed in other courts. Don't hesitate to bring papers that
you think might help the judge understand the case.
In most cases, you or the other person can give the judge all the information
and papers needed to understand and decide the case.
Sometimes, you need a witness
to give the court information. If you think this information is a big part of
your case or defense, try to
get the witness to go to the hearing. If a witness can't go, ask them to write
and sign something called a "declaration".
The statement should say everything the witness wants to tell the judge about
your case.
At
the end of the statement, the witness should write, "I declare under penalty of perjury under the laws of the
State of
The witness has to sign the statement, write the date, their city and
telephone number. If the witness doesn’t live in
Note: The judge does not have to accept a written statement, so try to
get an important witness to come to your hearing.
Talk to your witness before the hearing. They may not see things the same way
you do. Or, they may have forgotten the important points. If the witness is
hostile to you, they can do more harm than good.
If your case is about something technical, like a car or TV that doesn’t
work, you may have to talk to an expert. Get the expert to be a witness at
the hearing, or ask them to write and sign a statement (declaration). The
judge also can name or talk to an expert. You won't get your money back for
expert witnesses, but you still may want to hire one.
If your witness won't come to court or won't give the court the papers you
need, you can subpoena the
witness. A form called a Small Claims Subpoena (or Civil Subpoena) is a court
order
that makes a person go to court.
It's not a good idea to force somebody to testify for you. They probably
won't be a good witness and might testify against you. But you might need a
subpoena so a witness can get permission from their boss to miss work to
testify or bring papers to the court.
You can get a Subpoena from the clerk. After you fill it out, you or anybody
else can give a copy of the subpoena to the witness. After they get a copy,
return the original subpoena to the court with the Proof of Service on the back filled out.
A witness can ask for $35 a day plus 20 cents for every mile they drive each
way. If your witness is a police officer or government employee, you’ll have
to pay more. The witness doesn’t have to go to court if they haven’t been
paid. The person who served the subpoena should be ready to pay when they
give the witness the subpoena. If the witness doesn't ask to be paid, you
don't have to offer.
If you want the witness to bring papers to the hearing, check the box that
asks the witness to do that. You can ask the witness to bring the papers and
testify, or just bring the papers. Fill out the declaration form and say
exactly what papers you need and why you need them. The witness has to be
served with the Small Claims Subpoena and a copy of the declaration form.
After the witness gets the subpoena, fill out the Proof of Service on the
back and file the original with the clerk before the hearing.
- What happens at the
hearing?
- The clerk will call roll
to see who is there.
- The parties in the case
are “sworn in” so they can testify.
- They’ll ask you and the
other person to go outside to talk and to try and settle your case, and
share evidence.
- When everyone is back in
the courtroom, the judge will take the bench.
- Cases are usually called
in this order:
- Motions and requests.
Cases where someone wants a continuance or where there’s a settlement.
- Cases when only the
defendant is there.
- Default matters. Cases
when only the plaintiff is there.
- Contested
cases. Cases where both parties are there and can’t settle their case.
- When they call your case,
you and your witnesses go up to the plaintiff or defendant table. Get
ready to give any exhibits
or evidence to the clerk. The clerk will mark the evidence and give it
to the judge.
- In general, the
plaintiff gets to present his/her case first. When the plaintiff is
done, the defendant will get a chance to give his/her side of the case.
- The Judge, Commissioner or Pro Tem Judge,
called a judicial officer,
can give his/her decision in court after listening to both sides of the
story. Or, he/she can make the decision later. This is called “taking
the matter under submission.” If the judge decides the case in court,
you will get all your evidence back, and a
copy of the judge's decision on the notice of entry of judgment (SC-130). If the judge takes time to decide, you
will get a copy of the notice of entry of judgment by mail, with the
evidence you gave the court.
Note: If the evidence is too big to mail, you might have to pick it up at the clerk's office.
- What is a Pro Tem judge?
Most courts use temporary judges (called Pro Tem judges) to hear small claims cases. A temporary judge is a lawyer that has a license to practice law in
On the day of the hearing, they may ask if you agree, (called consenting or stipulating) to have a temporary judge decide your case. Everyone in the case has to agree to have a temporary judge. Some courts make you sign a consent form. If someone doesn’t agree, the clerk will set another date for the hearing with a regular judge or court commissioner.
If they let you choose if you want a temporary judge, think about:
- A lot of small claims
courts are busy, so you may only be able to have your hearing on that
day if you have a temporary judge.
- Lawyers who are
temporary judges know about consumer law.
- All courts have special
training programs for temporary judges.
- Is it too late to settle
before the hearing?
Before the hearing, you go into the hallway to share evidence and try to settle. If you reach an agreement, go back in the courtroom and tell them you settled.
You have to:
- Dismiss the action,
- Move the hearing until the
terms of your agreement are met, or
- Put your agreement in
the court record as a
formal judgment.
- How to present
your case
Before the hearing, the judge or some other court officer will explain how the courtroom works. Then the court will call roll to see who is there for their hearings. Listen carefully so you'll know what to do. Everyone who will be part of the hearings will take an oath and promise to tell the truth.
The court will hear each case. Usually, cases where the defendant isn't there- called "default cases" - are heard first. Listen to the other cases to learn more about how to present your case or defense. Don’t leave the courtroom. Cases aren’t always called in the order on the court calendar.
Here
is how things will start when the judge is ready to hear your case:
- The judge will call the
names of all the plaintiffs and defendants in the case.
- You, the other parties, and
the witnesses should go up to the table in front of the judge.
- Judges usually ask the
plaintiff to tell their side first, and then the defendant can talk.
But, some judges can start by asking questions to learn more about the
case.
- Make sure you say the
most important things first. In general, you'll only have only a few
minutes to tell your side of the case or answer questions.
- You can use notes, but
try not to read a prepared statement.
- Make sure you have all
your evidence and important papers with you. Tell the judge that you
have them, and ask the clerk to give them to the judge.
- If the judge has to keep
your evidence, ask how and when you will get it back.
Telling
your side of the case isn't like telling a story to a friend. When you talk
to a friend, you usually start from the beginning, give all the details, build suspense, and then finish. In court, you
want the judge to think about the most important part of your case.
Some judges investigate the case after hearing your information in the
courtroom. For example, a judge might ask the Bureau of Automotive Repair to
investigate allegations that a
car repair shop did fraudulent work. Some judges will talk to contractors
they know and trust to get advice in a case about construction.
If your case is about bad work done a car paint shop, you may want to bring
your car to the courthouse parking lot and ask the judge to look at your car.
A judge may visit the place you had a car accident. But, it's up to the judge
to investigate or not.
Make your points quickly. Try to be objective and don’t get emotional. The
judge just wants to hear the facts. Don't yell at or insult the other person
or witness, no matter how mad you are. At the hearing, just talk to the
judge.
DON’T talk to the other party. Be HONEST. Think about the judge’s question
before you answer. If you don't understand the question, ask the judge to
explain it.
The judge is thinking about laws you might not know about. Do not get angry
if the questions are about things you don't think are important. The judge's
questions may be very important to your case.
The law says any money award has to be "reasonable". So, the judge
will want to know exactly how the plaintiff figured out the amount they asked
for. The plaintiff has to be able to explain how they got that number. If
they’re also asking for interest, the plaintiff should be ready to show how
it was figured out. It’s a good idea to give the judge your damages in writing.
If the defendant thinks the plaintiff is asking for too much money, the
defendant has to be able to explain why. The defendant can tell the judge if
he/she knows that they owe the plaintiff part of the money. The judge might
agree about how much is owed, or the judge can agree to let the defendant pay
in installments.
While the judge asks the other party to explain their side, don't argue or
interrupt, even if you think it’s a lie or not right. Make a note to yourself
so you’ll remember. You’ll usually get time to answer.
- How to ask for costs
Most judges' award court costs routinely to the person who wins, but make sure to ask the judge for them at the hearing. Costs are what you pay out-of- your-pocket for fees and to file your claim. If you get costs, they’ll be included in the judgment. If nobody “loses” the judgment might not have court costs.
Make sure to keep receipts for your filing fees and other costs. You can only get some costs back from the person who loses. For example:
- Filing fees,
- Fees for service of process,
- Witness fees (not for
expert witnesses), and
- Fees to serve subpoenas (for
witnesses or papers).
The
judge may award you other kinds of costs, so bring your receipts to the
hearing.
- What happens if I miss my
court hearing?
If you are the plaintiff and you do not go to court, your case will probably be dismissed, unless there are special circumstances.
If you are the defendant and you don’t go to court, the plaintiff will probably win after they present their case.
The person who didn’t go to the hearing can file a motion to vacate the judgment if they have a good reason for not going.