Small Claims Procedural Questions

[Lad]

What is the name of your state? CA

1. What is the difference between filing a regular subpoena with which I may request document production only (no witness) vs. a subpoena duces tecum? Don't they both do the same thing? If so, why does the duces tecum exist when the document production can be accomplished with a regular subpoena.

2. I am filing in small claims, but there are penal codes he violated that I want to request the DA file on after my case if heard and if it is successful which I have no doubt it will be. When someone is in small claims court and they do one of two things 1. violate the penal code by perjuring themselves, or 2. admit enough information or produce falsified documents in the civil cause of action that satisfy elements of the penal code such as larceny or fraud (theft by deception, maybe), (I know there is a different standard of proof), how do I get the admissions or findings in civil court documented so that I can present them to the DA? Do I need a court reporter? Can the judge do anything? Is judicial notice just for facts, statutes, etc...There are a lot of laws he violated under business and prof. code, penal code, etc. and I'd hate for him to change his story if it ever went to court. My civil case is breach of K, illegal K, rescission of K, but he defrauded me with false documents and misrepresentations - nice word for lies. Presented himself as a contractor (is not) - just a small amount of background.


3. Is the rule in Civil Court that the defendant file any counterclaim or loses his right to file later the same in small claims?
Thank you

 

[lzblake]

Use SC-107 for subpoena and subpoena duces tecum. They have their own set of forms.

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

Select Small Claims.

 

[Lad]

other ?

any replies to my other 2 questions? thanks

 

[stephenk]

Small claims hearings are tape recorded. however, they are more for evaluating the judges (typically volunteer attorneys) than to have a certified record. Since the hearings are informal, it isn't worth it try and go through all the trouble to attempt to get a perjury charge levied against the defendant. No district attorney is going to file a felony perjury charge on a small claims defendant, especially if the defendant lost the lawsuit.

Code of Civil Procedure 116.360. (a) The defendant may file a claim against the plaintiff
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220 and 116.231. The claim need not
relate to the same subject or event as the plaintiff's claim.

The defendant does not lose the right to file suit against you at a later time if the statute of limitations has not expired.

 

[garrula lingua]

Small claims courts vary - in my part of Ca they are not tape-recorded - there is no record, other than the filings and the Judge's notes.

If a claimant wishes, and pays (in advance) they can ask that a court reporter be used (or provide their own).

You're never going to get the DA file. Forget it. That's atty product & protected info.

You are highly unlikely to ever get perjury charges.
The only criminal charge likely to ensue from a sc action, is if a person presents altered evidence to a 'judge'.

If your beef is with an unlicensed contractor, call the Contractor's State License Bureau (under the Dept Consumer's Affairs). They can charge him for K'ing w/o a license & have an extended SOL to file.
He also can't sue for unpaid amts. if he didn't have a license. Call the CSLB.