Free SC-105_7 27 06.ofm - California


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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. Request for Court Order and :

SC-105

(Small Claims)
:

Answer Clerk stamps date here when form is filed. Index No.

Calendar No. This form is used to ask the court to make an order before or after the trial in a : small claims case. The court will notify all plaintiffs and defendants in this JUDICIAL SUBPOENA Plaintiff(s) case about its decision by mail, at the trial, or at a hearing (depending on when -against: the request is filed). If you are the person asking the court to make an order, ask the Small Claims Advisor if this is the right form for the kind of order :you want. If so, follow these steps: : · Fill out page 1 of this form and file it at the clerk's office. Defendant(s) Fill in court name and street address: · If you are making this request before your trial, you must mail (or : . . deliver. in. person) .a.copy. of . . . .form. to. all .other. plaintiffs.and. defendants . . . . . . . . . . . . . . . . . this . . . . . . . . . . . . . . . . . . . . Superior Court of California, County of in your case. Exception: If the plaintiff's claim has not been served, you do not have to serve this request on the other plaintiffs and defendants in your case. · If PEOPLE OF THE request OF NEW YORK THEyou are making this STATE after the judge has decided your case, the clerk will mail a copy of this form to all other plaintiffs and defendants in TO your case. The court will give the other plaintiffs and defendants at least 10 Fill in your case number and case name below: days to answer this Request. Case Number: If you receive this form, read below, then fill out 7 ­ 10 on page 2.
1 The person asking the court to make an order is: GREETINGS: Case Name: Name: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Address: , the Honorable Court Check one: A defendant in this case at the plaintiff in this case A located at County of Other (explain): in2 room , on the day of , 20 , at o'clock in the noon, and at any recessed Notice to: (List names and addresses of all other defendants and plaintiffs in your case.) or adjourned date, to testify and give evidence as a witness in this action on the part of the Name Address a. b. c. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Check here if you this subpoena Use Form for a maximum sheet of of $50 and all damages 2" on top. the party on whose behalfneed more space.was issuedMC-031 or a plain penalty paper. Write "SC-105, Item sustained as a result of your failure to comply. If your request is made before the trial and after the claim was served, fill out below: I mailed delivered in person a copy of this form to everyone listed in 2 on (date): ___________ Witness,court to make the following order (specify): Honorable , one of the Justices of the 3 I ask the Court in County, day of , 20

Request

4

Check here if you need more space. Use Form MC-031 or a(Attorney must sign above and type name below) on top. plain sheet of paper. Write "SC-105, Item 3" I ask for this order because (explain and give facts of your case here):

Attorney(s) for
Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 4" on top.

In making its order, I ask the court to consider the information on this form, any records on file, and, if the court holds a hearing, the evidence presented at that hearing. Office and P.O. Address 6 I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct. Telephone No.: Date: Facsimile No.: E-Mail Address:name Sign your Type or print your name Mobile Tel. No.: Judicial Council of California, www.courtinfo.ca.gov SC-105, Page 1 of 2
Revised January 1, 2007, Optional Form Code of Civil Procedure, §§ 116.130(h); California Rules of Court, rule 3.2107

5

Request for Court Order and Answer
(Small Claims)

American LegalNet, Inc. www.FormsWorkflow.com

SC-105
Answer

Request for Court Order and Answer (Small Claims)

Clerk stamps date here when form is filed.

The person listed in 1 on page 1 of this form has asked the court to make an order in your small claims case. Follow these steps to tell the court what you want to do about this request: · Read page 1 to see what the person in 1 is asking for. · Fill out 7 ­ 10 below. · Mail your completed form to the court right away. · Mail a copy of this form to each plaintiff and defendant listed in 1 and 2 on page 1 of this form. The court will mail its decision to all plaintiffs and defendants in this case or will make a decision at a court hearing or trial. If you do nothing, the court may make the order without hearing from you. 7

Fill in court name and street address:

Superior Court of California, County of

The person filing this answer is:
Name: Address: Check one:
Fill in your case number and case name below.

Case Number:

A defendant in this case

A plaintiff in this case
Case Name:

8

Tell the court what you want to do about this request.
(Check all that apply):

a. b.

I agree to the order requested in 3 . I do not agree to the order requested in 3 . (Explain below:)

Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 8" on top.

c. 9 10

I ask the court to have a hearing to decide this matter.

I mailed a copy of this form to everyone listed in 1 and 2 of this form on (date): I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct. Date: Type or print your name Sign your name If the request on page 1 was made after the hearing, the clerk fills out below. -- Clerk's Certificate of Mailing --
I certify that I am not involved in this case and (check one): A Certificate of Mailing is attached. The Request for Court Order and Answer was mailed first class, postage paid, to all parties at the addresses listed in 2 . On (date): From (city): , California

Need help?
For free help, contact your county's Small Claims Advisor:

Or, go to "County-Specific Court Information" at www.courtinfo.ca.gov/selfhelp/smallclaims

Clerk, by
Revised January 1, 2007

, Deputy
SC-105, Page 2 of 2

Request for Court Order and Answer
(Small Claims)