Administration of Small Claims Court

California’s Code of Civil Procedure in Part 1, Title 1, Chapter 5.5, Article 9 deals with administration of the small claims court. Section 116.920 requires the Judicial Council to provide by rule for the practice and procedure and for the forms and their use in small claims actions, as well as ensuring litigants receive adequate notice of the availability of assistance from small claims advisors. The rules and forms so adopted are to be consistent with this chapter.

Section 116.930 requires each small claims division to provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims court law and the procedures that are applicable in the small claims courts, including the law and procedures that apply to the enforcement of judgments.

Each small claims division may formulate and distribute to litigants and the public a manual on small claims court rules and procedures. The manual must explain numerous aspects of the small claims court process.

Section 116.940 requires the characteristics of the small claims advisory service to be determined by each county, or by the superior court in a county where the small claims advisory service is administered by the court, in accordance with local needs and conditions. Each advisory service is required to provide three specified services.

In a county in which the number of small claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscal years, the county or the superior court may elect to exempt itself from specified requirements. The advisory service is required to operate in conjunction and cooperation with the small claims division for specified purposes.

Advisers may be volunteers, and must be members of the State Bar, law students, paralegals, or persons experienced in resolving minor disputes, and be familiar with small claims court rules and procedures. Advisers may not appear in court as an advocate for any party.

Section 116.950 says there is an advisory committee to study small claims practice and procedure, with particular attention given to the improvement of procedures for the enforcement of judgments. The eight categories of members are specified. Staff assistance to the advisory committee is provided by the Department of Consumer Affairs, with the assistance of the Judicial Council, as needed.