Form SC-107 Subpoena California Small Claims

You need a witness to show up at your California small claims hearing, or you need someone to bring documents they control — bank records, repair reports, a surveillance video. If they won't come voluntarily, Form SC-107 is the tool that compels them.

Form SC-107 is titled "Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration." It's a court order that requires a person to appear at your hearing and, optionally, to bring specific documents or records with them.

When to Use a Subpoena

You need Form SC-107 when:

• A witness who saw the event won't attend voluntarily
• You need records from a third party (a bank, a mechanic, a property manager)
• You want to compel the plaintiff's witness to appear so you can question them
• A business or organization holds documents relevant to your defense

You don't need a subpoena for:

• Evidence you already have (your own contracts, photos, text messages)
• The plaintiff — they're already required to appear
• Your own voluntary witnesses — just ask them to show up

The 10-Day Deadline

Form SC-107 must be served on the witness in person at least 10 calendar days before the hearing date. It may be handed to them by you or another person who is at least 18 years old; it cannot be mailed.

This timeline is strict. If your hearing is in two weeks and you haven't served the subpoena yet, you're running out of time. Process servers are the fastest route.

How to File and Serve

1. Complete Form SC-107. Fill in the case number, the hearing date and courtroom, the name and address of the person being subpoenaed, and a description of any documents you want them to bring. Be specific about the documents — "all repair records for vehicle VIN [number] between [dates]" is enforceable; "anything related to the car" is not.

2. Get the court seal. Take the completed form to the court clerk for issuance. The clerk stamps it with the court seal, which gives it legal force. An unsealed subpoena is not enforceable.

3. Serve it personally. You or another person aged 18 or older may hand-deliver the sealed subpoena to the witness at least 10 days before the hearing.

4. Pay the witness fee. When the subpoena is served, you must tender the statutory witness fee if the witness demands it: $35 per day of attendance plus $0.20 per mile round-trip between the witness's home and the courthouse. Government employees and law enforcement witnesses may require higher advance deposits.

5. File proof of service. After service is complete, file the proof of service with the court clerk before the hearing.

What You Can and Can't Subpoena

Documents: Bank statements, phone records, repair invoices, property management files, employment records, contracts held by third parties. You can request any document that's relevant to the case. The person receiving the subpoena can object if the request is overbroad, privileged, or unreasonably burdensome.

Witnesses: Any person with relevant knowledge can be subpoenaed to testify. This includes expert witnesses (a mechanic who inspected the car, a contractor who assessed the damage), fact witnesses (someone who saw the incident), and records custodians from businesses.

What you can't subpoena: You can't use SC-107 to get someone to write a declaration or prepare a report for you. The subpoena compels appearance and production of existing documents, not the creation of new evidence.

Common Confusion: SC-107 vs. SC-150

Form SC-107 is a subpoena. Form SC-150 is a request to postpone the hearing. These get confused regularly — some defendants think SC-107 is the postponement form and file the wrong one. Double-check you're using the right form for the right purpose.

If the Witness Doesn't Show Up

If a properly served witness does not appear, tell the judge when the case is called and show your proof of service. Ask whether the hearing should be postponed if you cannot present your evidence without that witness.

How Witnesses Testify

When your witness appears, they'll be asked questions by you, the judge, and possibly the opposing party. Before testifying, witnesses take an oath or make an affirmation to tell the truth.

Prep your witness before the hearing. Let them know what you'll ask, what the case is about, and approximately how long it will take. A witness who's surprised by the question or unclear on the facts hurts more than they help.

Get the Full Defendant's Process

Subpoenaing witnesses is one piece of the defendant's hearing preparation. The Responding to a Small Claims Case in California guide covers the complete process — evidence organization, counterclaims, postponements, remote hearings, and post-judgment options.

See more California guides →