Hearings in Small Claims Court: Key Facts and Requirements

This section of the California Code explains the rules for hearings in small claims courts. It aims to dispense justice promptly, fairly, and inexpensively.

Section 116.510: Informal Hearings

The hearing and disposition of a small claims action are required to be informal, with the goal of providing swift and fair resolution.

• The parties have the right to offer evidence by witnesses at the hearing or, with permission from the court, at another time.
• If the defendant fails to appear, they must still present their case to prove their claim.

Section 116.520: Evidence and Witnesses

The parties can provide evidence in various ways, including witness testimony or other forms of support.

Permitted Participation

No attorney is allowed to participate directly in the defense of a small claims action. However, exceptions apply for specific roles:

• Maintenance or defense of an action on behalf of an insurer or another expert.
• A regular employee, duly appointed officer, or director representing a corporation.

Section 116.530: Exemptions and Restrictions

No individual other than the plaintiff and defendant can participate in the defense or conduct of a small claims action.

• A corporation may appear through a regular employee, officer, or director.

Exceptions for Service Members and Incarcerated Parties

Service members and parties incarcerated are exempt from personal appearance requirements:

California Globe

Parties in county jails, Department of Corrections facilities, or Division of Juvenile Facilities may also submit declarations instead of appearing personally.

Section 116.540: Defending Non-Resident Property Owners

A defendant who owns non-resident real property can defend against a claim without personal appearance:

• By submitting written declarations to support their defense.
• Alternatively, allowing another individual to represent them if that person has appeared in small claims actions on behalf of others no more than four times during the calendar year.

Representatives' Declaration Requirements

Any representative appearing on behalf of a party must file a declaration stating specified information at the time of the hearing.

Section 116.541: Department Representations

The Department of Corrections or Department of the Youth Authority can appear in small claims actions through regular employees, who must provide declarations stating specific details.

Requesting a Postponement

A party may request to postpone a hearing date for good cause. The written request must be filed at least 10 days before the scheduled hearing and includes mailing a copy to all parties involved.

1. The court will decide whether to grant the postponement based on the interests of justice.
2. If granted, the new hearing date, time, and place will be notified to all parties via mail.

Section 116.560: Fictitious Business Name Claims

When a claim is filed against someone operating under a fictitious business name, the court must inquire about their correct legal name at the hearing time and amend the claim if necessary.

Section 116.570: Postponement Fees

A fee will be charged for requests to postpone a hearing date after timely service has been made on the defendant.

Additional Resources

For more information, refer to the California Globe article on Hearings in Small Claims Court.