Understanding the nuances of legal paperwork can often seem overwhelming, particularly when it concerns the dynamics of small claims court in California. Among the array of forms required, the SC-114 form, officially titled "Request to Amend Party Name Before Hearing (Small Claims)," stands out for its specific and crucial role in the litigation process. This form is an essential tool for litigants who find themselves needing to correct or update the names of parties involved in a case before it is heard in court. Essentially, it facilitates a formal request to the court to amend the information related to party names on the original claim. Whether one is the plaintiff or the defendant, the process involves mailing or personally delivering a copy of this request to the other parties involved, provided the claim has already been served. It's important to note that this cannot be filed if the claim has not yet been served; instead, one must file an “amended” claim using either form SC-100 or SC-120 or, in some situations, start over with a new claim if the time allows. Additionally, this process underscores the importance of timely and accurate communication among parties, with the need to notify each party involved through mail, personal delivery, and optionally by other means such as telephone, email, or fax. The decision to grant this amendment rests in the hands of a judge during a hearing, adding a degree of unpredictability to the process. This complexity underscores the form's significance, making it a critical step for those in the midst of navigating the intricacies of small claims court in California.
| Question | Answer |
|---|---|
| Form Name | California Form Sc 114 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | sc 114, claim before claims sample, amend small claims, claim before claims make |
PARTY (Name and address): |
FOR COURT USE ONLY |
TELEPHONE NO. (Optional):
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
REQUEST TO AMEND PARTY NAME BEFORE HEARING
(SMALL CLAIMS)
IMPORTANT NOTICES
A copy of this request must be mailed or personally delivered to each of the other parties in this case if your claim has already been served. File the original request with the court and keep a copy.
If your claim has not yet been served, you should not file this form. File and serve an "amended" claim to correct the parties' names (form
A decision on your request to amend your claim will be made at the hearing. The judge can grant or deny your request or continue the hearing.
REQUEST
1. I am the
plaintiff
defendant in this case.
2. I request that my small claims claim be changed to amend parties' names as follows (explain):
3.a. A copy of this request was on (date):
mailed |
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personally delivered to each of the other parties in this case |
at the following address (specify name and address):
b. |
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(Optional) Each of the other parties was also notified of this request by |
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telephone |
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on (date): |
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
fax
(TYPE OR PRINT NAME) |
(SIGNATURE) |
Page 1 of 1 |
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Form Approved for Optional Use |
REQUEST TO AMEND CLAIM BEFORE HEARING (SMALL CLAIMS) |
Code of Civil Procedure |
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Judicial Council of California |
§§ 116.560, 473 |
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