What is the process for requesting a court trial in a small claims court case?
Requesting a court trial in a small claims court case in California is relatively straightforward. The process begins by filing a form called a “Request for Trial by Court.” This form is available on the California courts website and must be filed within 15 days of being served the defendant’s response. This form should include your name, address, telephone number, the case number, and the name of the court. Once the “Request for Trial by Court” has been filed, the court will set a date for the trial within 30 to 90 days. Once a date is set, both parties must appear at the trial. It is important to note that, in California, the defendant does not have to appear. However, if the defendant does not appear, the court can decide the case in their absence. Both parties will have an opportunity to present evidence and testimony. This can include documents, photographs, or witnesses. After both parties have presented their sides, the judge will then issue a decision. If either party is unhappy with the decision, they can appeal it. The appeals process should be started within 30 days of the decision. Overall, the process for requesting a court trial in a small claims court case in California is relatively simple, and it is important to recognize all the steps involved in order to ensure the case is heard and a fair verdict is issued.
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