COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. Name and Address of Court: :
PLAINTIFF/DEMANDANTE (Name, address, and telephone number of each):
Index No. Calendar No.
SMALL CLAIMS CASE NO.
DEFENDANT/DEMANDADO (Name, address, and telephone number of each):
: : :
Plaintiff(s) -againstTelephone No.:
See attached sheet for additional plaintiffs and defendants.
Defendant(s) Telephone: No.: ......................................................
SMALL CLAIMS SUBPOENA
THE PEOPLE OF TO
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS THE STATE OF NEW TRIAL OR HEARING AND DECLARATION AND THINGS AT YORK
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. GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN at the Court 2. IF YOU HAVE ANY THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE located at County of TO APPEAR: in room , on the day of , 20 , at o'clock in the noon, and at any recessed a. Name of subpoenaing party: and give evidence as a witness in this action on the part of the b. Telephone number: or adjourned date, to testify
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.
a. Date: b. Address:
PRODUCTION OF DOCUMENTS AND THINGS (Complete item 4 onlyfailure want the witness to produce documents and as a contempttrialcourt and will make you liable to Your if you to comply with this subpoena is punishable things at the of or hearing.)
4. YOU ARE (item a whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party on or b must be checked): Ordered to appear in person and a. result of your failure to comply. 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 Witness, this subpoena. , one of the Justices of the compliance withHonorable b. Court in required to appear in person if you produce (i) the records described in the declaration on page two and (ii) a Not County, day of , 20 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 (Attorney must sign (3) Place this first below) and number; your name; and the date, time, and place from item 1 in the box above.above and type name 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 Attorney(s) for 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 BYand P.O. Address WILL ALSO BE LIABLE Office THIS COURT. YOU FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Form Adopted for Mandatory Use Judicial Council of California SC-107 [Rev. January 1, 2000]
Telephone No.: Facsimile No.: E-Mail Address: (See reverse for declaration in support of subpoena) Mobile SMALL CLAIMS SUBPOENA Tel. No.:
Page one of three Code of Civil Procedure, § 1985 et seq.
American LegalNet, Inc. www.USCourtForms.com
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. a. 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) (2) (3) (4) (5) (6) (7) 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. Bank account statements, canceled checks, and check registers from any and all bank accounts in which the party has an interest. Savings account passbooks and statements, savings and loan account passbooks and statements, and credit union share account passbooks and statements of the party. Stock certificates, bonds, money market certificates, and any other records, documents, or papers concerning all investments of the party. California registration certificates and ownership certificates for all vehicles registered to the party. Deeds to any and all real property owned or being purchased by the party. 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. Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY)
(See proof of service on page three)
SC-107 [Rev. January 1, 2000]
SMALL CLAIMS SUBPOENA AND DECLARATION
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PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION
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): (1) were offered or demanded and paid. Amount: . . . . . $ (2) were not demanded or paid. f. Fee for service: . . . . . . . . . . . . . . . $ 2. I received this subpoena for service on (date): 3. Person serving: a. Not a registered California process server. b. 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 of California that the foregoing is true and correct. Date:
(For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date:
SC-107 [Rev. January 1, 2000]
PROOF OF SERVICE OF SMALL CLAIMS SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AT TRIAL OF HEARING AND DECLARATION
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