§5.17 Review || Small Claims Court: Procedures and Practices

Lesson 5.
Conducting the Hearing

Jurisdiction and Venue Checklist Judicial Ethics Canons Grounds for Disqualification Who May Appear Sample Opening Instructions Default Judgment Checklist Statement of Decision or Taking Under Submission Publications List Web Links Statutory Sources

§5.17 Review

page 60 of 92

1. An attorney may provide legal advice to a small claims party before or after the hearing.

2. An attorney is prohibited from appearing in small claims court as:

	A party when he or she is a partner in a partnership party
	A representative of a corporation or limited liability company
	A witness regarding matters within his or her personal knowledge
	A representative for a party on appeal of a judgment to the superior court

3. A person appearing as a party representative must file a declaration stating all of the following except:

	That he or she is authorized to appear for the party
	If appearing for a corporation or business entity, that he or she was not solely employed to represent the party in small claims court
	That he or she is not an attorney
	The basis for the authorization

4. If a person needs assistance in appearing in small claims court, an attorney may provide such assistance at the hearing.

5. When it becomes apparent at the first hearing that an interpreter is needed but none is available, you must postpone the hearing to allow the party to locate an interpreter.

6. Experts may testify in small claims hearings about matters of which they have personal knowledge.

7. Which of the following types of evidence is subject to objection in small claims actions?

	Hearsay
	Privileged statements
	Business records
	Expert testimony
	Out-of-court statements to the judge

8. As a California judge, are you required to provide accommodations for persons with disabilities solely because it is the policy of the California courts to ensure that persons with disabilities have equal and full access to the judicial system?

	Yes.
	No. While it is the policy of the California courts to ensure that persons with disabilities have equal and full access to the judicial system, it is also mandated by the federal Americans With Disabilities act that you provide accommodations.
	No. While the state courts have no policy regarding accommodations for persons with disabilities, judges have an ethical duty to provide them.
	No. Any duty to provide accommodations is moral, as opposed to legal.

9. An applicant does not have to disclose his or her disability when requesting an accommodation if it would cause undue embarrassment to that applicant.

page 60 of 92