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Lesson 2.
Filing and Service

 

§2.07 Hearing Date and Order to Appear

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When a claim form is filed, the clerk schedules the case for hearing and issues an order directing the parties to appear at the time set for the hearing, with witnesses and documents to prove their claim or defense. [CCP §116.330(a).] The order serves as the summons.

The case must be scheduled for hearing no earlier than 20 days but not more than 70 days from the order date. [CCP §116.330(a).]

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Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but not on other judicial holidays. [CCP §116.250(a).] The small claims division of each superior court with seven or more judicial officers must conduct at least one night or Saturday session each month to hear small claims cases other than appeals. [CCP §116.250(b).]

 

 
 
 
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