San Jose California Order on Request for Court Order - Small Claims

State:
California
City:
San Jose
Control #:
CA-SC-105A
Format:
PDF
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Description

This form is a California Judicial Council form used in Small Claims proceedings. This is a court order regarding a Request for Court Order and Answer. The court uses this form to render its decision to grant or deny the request.

In San Jose, California, the Order on Request for Court Order — Small Claims is a legal document that is filed with the court to request a specific order in a small claims case. This form is typically used by individuals or businesses who are involved in a small claims dispute and need the court's intervention to resolve the matter. The purpose of the Order on Request for Court Order — Small Claims is to outline the specific relief or action that the party filing the form is seeking from the court. This could include requesting monetary compensation, reparations, or other remedies for damages suffered. The form includes sections where the party can provide details about the claim, supporting evidence, and any related documents that are relevant to the case. There may be different types of San Jose, California Order on Request for Court Order — Small Claims, depending on the nature of the claim. Some common types could include orders for payment of a debt, return of property, reimbursement for expenses, or enforcing a contract. Each type of order has its own specific requirements and supporting documentation that need to be provided when filing the form. When completing the Order on Request for Court Order — Small Claims, it is important to include accurate and detailed information about the claim. This includes providing a clear description of the dispute, the amount of money or value being sought, and any relevant dates or events. It is also crucial to include any supporting evidence, such as receipts, invoices, contracts, or photographs, to strengthen the case. After the Order on Request for Court Order — Small Claims is filed with the court, a copy of the form will typically be served to the other party involved in the dispute. This allows them to review the information and present their own arguments or evidence to the court. The court will then review the order, consider the arguments presented by both parties, and make a decision based on the merits of the case. Overall, the Order on Request for Court Order — Small Claims is an essential document for individuals or businesses seeking resolution in a small claims dispute in San Jose, California. It serves as a formal request to the court for a specific order, outlines the details of the claim, and provides supporting evidence to strengthen the case.

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FAQ

Serve the Subpoena. It must be served within a ?reasonable time? in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

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.

You may file your case at the court nearest to where the contract was signed, the person you are suing lives, or the business is located. You can also file where the damage or injury occurred.

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.

You can serve the subpoena yourself or have someone else serve it for you. Although any person can serve a subpoena, it is best to have it served by someone 18 or older. Serve one of the copies without the court seal to the witness at least 10 days before your court date.

To serve a public entity, see page 2. You must serve the right person and write the exact name of the business and the person to be served. Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, Form SC-104.

Request for Court Order and Answer (SC-105) Ask a judge to make a decision about something before or after your Small Claims trial date. You can also use it to tell the court your side when someone else in the case has filled out this form to ask the judge to make a decision.

Certified mail by court clerk - The court clerk may serve the claim form on the defendant by certified mail and restricted delivery, and charge you a fee of $10 for each defendant. The court clerk receives a return receipt indicating that the person identified by you for service signed for the certified mail.

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San Jose California Order on Request for Court Order - Small Claims