The primary aim of small claims courts in California is to allow for litigants a forum for small civil cases to be resolved fairly, quickly, and efficiently. These courts are viewed as vital to defending a litigant's personal property rights. Most all small claims court cases concern money.
Small claims cases do not involve a jury. Generally, there are no attorneys allowed at trial. Because of this, the court does not use formal pleadings, rules of evidence, or findings. Judges are allowed to limit the presentation of evidence which allows the parties to complete the hearing in a short period of time.
Judges are trained to balance this option with the right that each party has to have his or her day in court. Judges are also trained to allow compromise and settlement if it is a viable option in a case. Judges are trained to write their ruling by following any appropriate laws and also to use their common sense.
The judge has a special role in the small claims court process. Because attorneys are not present, the judge acts as much more than a passive observer. The judge is tasked with dealing with the parties and taking an active role in determining the facts by questioning the witnesses.
1. A judge is allowed to question the witnesses, which is generally completed in an informal fashion.
2. A judge must raise technical issues like jurisdiction, venue, and statute of limitations to protect the parties.
3. A judge must also quickly and politely explain the procedures to parties who are not familiar with the small claims court process.
The Small Claims Clerk is often the first person in the judicial system that a person encounters. The clerk provides required forms and information materials and will usually advise the person how to contact the small claims court advisor.
Clerks may not offer legal advice, but can answer questions about filing and serving a claim and scheduling of hearings. A clerk can also identify problems such as wrong venue or improper service ahead of a hearing.
Small Claims Advisors are offered in most courts. Their services are often available in person or by telephone depending on the county where you are located. An advisor can help but may not appear as an advocate for any party.
Small claims cases do not involve a jury. Generally, there are no attorneys allowed at trial. Because of this, the court does not use formal pleadings, rules of evidence, or findings. Judges are allowed to limit the presentation of evidence which allows the parties to complete the hearing in a short period of time.
Judges are trained to balance this option with the right that each party has to have his or her day in court. Judges are also trained to allow compromise and settlement if it is a viable option in a case. Judges are trained to write their ruling by following any appropriate laws and also to use their common sense.
The judge has a special role in the small claims court process. Because attorneys are not present, the judge acts as much more than a passive observer. The judge is tasked with dealing with the parties and taking an active role in determining the facts by questioning the witnesses.
1. A judge is allowed to question the witnesses, which is generally completed in an informal fashion.
2. A judge must raise technical issues like jurisdiction, venue, and statute of limitations to protect the parties.
3. A judge must also quickly and politely explain the procedures to parties who are not familiar with the small claims court process.
The Small Claims Clerk is often the first person in the judicial system that a person encounters. The clerk provides required forms and information materials and will usually advise the person how to contact the small claims court advisor.
Clerks may not offer legal advice, but can answer questions about filing and serving a claim and scheduling of hearings. A clerk can also identify problems such as wrong venue or improper service ahead of a hearing.
Small Claims Advisors are offered in most courts. Their services are often available in person or by telephone depending on the county where you are located. An advisor can help but may not appear as an advocate for any party.
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