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The California SC-152 form, known as the Order on Request to Postpone Trial, plays a crucial role in the small claims process. It is utilized when a party seeks to delay a scheduled trial date. The form addresses several key aspects, including the approval or denial of the postponement request. A request may be approved if the court finds sufficient justification, while denial can occur for various reasons, such as lack of a valid reason, failure to submit the request at least ten days prior to the hearing, or non-payment of the required filing fee. Additionally, the form outlines the new trial date and time if the request is granted. It also provides information on accommodations for individuals with disabilities, ensuring accessibility in court proceedings. The court clerk is responsible for mailing a copy of the order to all relevant parties, including the individual who requested the postponement. This form is essential for maintaining the integrity of the trial schedule while accommodating the needs of the involved parties.

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SC-152

Order on Request to Postpone Trial

 

 

 

 

 

 

On (date):

 

 

(name):

 

 

 

 

 

 

filed a request to postpone the trial in this case.

The court orders:

| The Request to Postpone Trial is approved, and the court orders the trial is postponed as indicated in ¡.

~ The Request to Postpone Trial is denied because:

a. The Request did not include a good reason for the postponement.

b. The Request was not filed at least 10 days before the hearing and did not include a good reason for the late request.

c. The required $10 filing fee was not paid.

d. Other:

Continued on Attachment SC-152, item 2(d).

¡The trial will be held as follows:

Clerk stamps here when form is filed.

Fill in the court name and street address:

Superior Court of California, County of

Fill in your case number and case name:

Case Number:

Case Name:

HearingTrial î Date

Time:Dept.

:

Name and address of court if different than address above:

Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the trial. Contact the clerk’s office for Request for Accommodations by Persons With Disabilities and Response (Form MC-410). (Civil Code, § 54.8)

¢The clerk will mail a copy of this order to:

a.

The person who asked for the postponement.

b.

Date:

All plaintiffs and defendants at the addresses listed in the court’s records.

Judicial officer

Need help?

For free help, contact your county’s small claims advisor: [local info here]

Or go to “County-Specific Court Information” at www.courtinfo.ca.gov/selfhelp/smallclaims

Judicial Council of California, www.courtinfo.ca.gov New July 1, 2010, Optional Form

Code of Civil Procedure, § 116.570

Order on Request to Postpone Trial

SC-152

(Small Claims)

Form Specifications

Fact Name Description
Purpose of SC-152 The SC-152 form is used to request a postponement of a trial in small claims cases in California.
Filing Deadline The request to postpone must be filed at least 10 days before the scheduled hearing to be considered valid.
Reasons for Denial The court may deny the request if it lacks a good reason, is filed late without justification, or if the required $10 filing fee is not paid.
Notification Process The clerk will mail a copy of the order to all parties involved, including the individual who requested the postponement.
Accommodations Available Assistive listening systems, captioning, and sign language interpreter services can be requested at least five days before the trial.
Governing Law The SC-152 form is governed by the Code of Civil Procedure, § 116.570, and Civil Code, § 54.8.

California Sc 152: Usage Guidelines

Completing the California SC-152 form is essential for requesting a postponement of your trial. Follow these steps carefully to ensure your form is filled out correctly.

  1. Begin by filling in the court name and street address at the top of the form. Write "Superior Court of California, County of" followed by the specific county where your case is being heard.
  2. Next, enter your case number and case name. Make sure this information matches what is in the court records.
  3. In the section labeled "Hearing Trial," fill in the date and time of your trial. Also, specify the department number.
  4. If the court address is different from the one you provided earlier, include the name and address of the court in this section.
  5. Look for the section on Request for Accommodations. If you need assistance, make sure to note that you can request services like assistive listening systems or sign language interpreters at least five days before the trial.
  6. Finally, sign and date the form at the bottom. This confirms that you are submitting the request.

Once you have completed the form, it will be processed by the court. The clerk will mail a copy of the order to all relevant parties. If you have any questions or need assistance, consider reaching out to your county’s small claims advisor or visiting the provided website for more information.

Your Questions, Answered

What is the purpose of the California SC-152 form?

The California SC-152 form is used to request a postponement of a trial in small claims court. If a party needs more time to prepare or has a valid reason for not being able to attend the scheduled trial date, they can submit this form. The court will review the request and decide whether to approve or deny it based on the reasons provided and the timing of the request.

What reasons might lead to a denial of the request to postpone a trial?

There are several reasons why a request to postpone a trial may be denied. First, if the request does not include a good reason for the postponement, it is likely to be rejected. Additionally, if the request is filed less than 10 days before the hearing without a valid explanation for the late submission, the court may deny it. Lastly, failure to pay the required $10 filing fee can also result in a denial. If any other specific issues arise, they will be noted in the order on the form.

How will I know if my request to postpone the trial has been approved?

If the court approves your request, they will issue an order stating that the trial has been postponed. The order will include details about the new trial date and time. The court clerk will mail a copy of this order to you and all parties involved in the case, ensuring everyone is informed of the changes. If the request is denied, the order will specify the reasons for the denial.

What accommodations are available for individuals with disabilities?

The court provides various accommodations for individuals with disabilities, such as assistive listening systems, computer-assisted real-time captioning, and sign language interpreter services. To access these services, you must request them at least five days before the trial. You can contact the clerk’s office for more information and to complete the necessary forms for accommodations.

Common mistakes

  1. Not providing a valid reason for postponement: The form requires a good reason for the request. Failing to include this information can lead to denial.

  2. Filing the request too late: The request must be submitted at least 10 days before the hearing. Late submissions without a valid reason are likely to be denied.

  3. Neglecting to pay the filing fee: A $10 filing fee is required. Omitting this payment can result in the rejection of the request.

  4. Incorrectly filling out case information: Ensure that the case number and case name are accurate. Errors in this section can cause delays or complications.

  5. Overlooking accommodation requests: If assistance is needed, such as sign language interpretation, it must be requested at least five days in advance. Ignoring this can lead to a lack of necessary support during the trial.

Documents used along the form

When dealing with small claims in California, understanding the various forms and documents that accompany the SC-152 form can be crucial for a smooth legal process. Below is a list of related forms that you may encounter. Each plays a unique role in the small claims procedure, helping to clarify requests, facilitate communication, and ensure that all parties are informed.

  • Form SC-100: Plaintiff's Claim and Order to Go to Small Claims Court - This is the initial form filed by the plaintiff to start a small claims case. It outlines the claim being made and the amount being sought from the defendant.
  • Form SC-120: Defendant's Claim and Order to Go to Small Claims Court - If the defendant wants to counter the plaintiff's claim, this form is used. It allows the defendant to present their side of the story and claim any amount owed to them.
  • Form SC-130: Notice of Appeal - If a party is dissatisfied with the small claims court's decision, they can file this form to initiate an appeal. It must be filed within a specific timeframe after the judgment.
  • Form SC-140: Proof of Service - This document proves that all parties have been properly notified of the court proceedings. It is essential to ensure that the legal process is fair and that everyone involved is aware of the claims against them.
  • Form MC-410: Request for Accommodations by Persons With Disabilities - For individuals requiring special accommodations during the trial, this form must be submitted. It ensures that necessary services, like sign language interpreters, are arranged in advance.
  • Form SC-200: Application to Waive Court Fees - If a party cannot afford the court fees, this form can be used to request a waiver. It requires the applicant to provide financial information to demonstrate their need for assistance.

Familiarizing yourself with these forms can significantly streamline your experience in small claims court. Each document serves a specific purpose, ensuring that the legal proceedings are conducted fairly and transparently. Being prepared with the right forms can help you navigate the process more effectively.

Similar forms

The California SC-152 form, which is used to request a postponement of a trial, shares similarities with several other legal documents. Here’s a look at eight of them:

  • SC-150 Request for Small Claims Order: This form is used to request a specific order from the court regarding a small claims case. Like SC-152, it requires a clear reason for the request.
  • SC-101 Small Claims Plaintiff’s Claim: This document initiates a small claims case. Both forms require detailed information about the parties involved and the nature of the case.
  • SC-120 Small Claims Defendant’s Claim: Similar to the plaintiff's claim, this form allows a defendant to respond to a small claims action. Both SC-152 and SC-120 involve requests for action from the court.
  • MC-410 Request for Accommodations: This form requests accommodations for individuals with disabilities. Both documents emphasize the importance of timely requests and provide necessary information for the court.
  • SC-130 Small Claims Judgment: This form is used to document the court's decision in a small claims case. Both SC-152 and SC-130 involve formal court procedures and outcomes.
  • SC-140 Notice of Appeal: This document is filed to appeal a small claims decision. Like SC-152, it must be filed within a specific time frame and requires clear justification.
  • FL-300 Request for Order: Used in family law cases, this form requests a court order for various matters. Both forms require the requester to provide valid reasons for the order.
  • MC-020 Application to Waive Court Fees: This form allows individuals to request a waiver for court fees due to financial hardship. Both SC-152 and MC-020 involve requests that must be supported by specific criteria.

Dos and Don'ts

When filling out the California SC-152 form, it's important to follow certain guidelines to ensure your request is processed smoothly. Here are some do's and don'ts to keep in mind:

  • Do provide a clear and valid reason for your request to postpone the trial.
  • Do ensure you file the request at least 10 days before the scheduled hearing.
  • Do include the required $10 filing fee with your request.
  • Do double-check all your information, including the court name, case number, and addresses.
  • Don't submit the request without a good reason, as it may be denied.
  • Don't wait until the last minute to file your request.
  • Don't forget to request accommodations if needed, at least five days in advance.
  • Don't ignore the importance of contacting the clerk's office for assistance if you have questions.

Misconceptions

Understanding the California SC-152 form can be challenging. Here are seven common misconceptions about this form, clarified for better comprehension.

  1. It can be filed anytime before the trial. Many believe they can submit the SC-152 form at any time. However, the request must be filed at least 10 days before the hearing, unless there is a valid reason for a late submission.
  2. There is no fee associated with filing the request. Some individuals assume that filing the SC-152 form is free. In reality, a $10 filing fee is required unless waived by the court.
  3. All requests for postponement are automatically granted. It is a misconception that the court will approve any request. The court reviews each request and may deny it for lack of a good reason or if the request was filed late.
  4. Postponement requests can be made verbally. Many think they can simply ask the court for a postponement during the hearing. The SC-152 form must be completed and filed formally to request a postponement.
  5. The court will notify all parties automatically. Some believe that if they file the SC-152 form, the court will inform all involved parties. While the clerk will mail a copy of the order, it is the responsibility of the requester to ensure all parties are informed.
  6. Accommodations are not available for the hearing. There is a common belief that accommodations for disabilities are not offered. In fact, assistive services are available if requested at least five days prior to the trial.
  7. Any reason can justify a postponement. Some individuals think any reason will suffice for a postponement request. The court requires a valid justification, and vague or insufficient reasons may lead to denial.

Addressing these misconceptions can help individuals navigate the process more effectively and avoid unnecessary complications.

Key takeaways

Filling out and using the California SC-152 form requires attention to detail and understanding of the process. Here are key takeaways to keep in mind:

  • Purpose of the Form: The SC-152 form is used to request a postponement of a trial in small claims court.
  • Timing is Crucial: Ensure that the request is filed at least 10 days before the scheduled hearing to avoid denial.
  • Valid Reasons Required: A good reason for postponement must be included in the request; otherwise, it may be denied.
  • Filing Fee: A $10 filing fee is required. Failure to pay this fee can lead to denial of the request.
  • Trial Rescheduling: If the request is approved, the court will specify the new date and time for the trial.
  • Request for Accommodations: If needed, request assistive services at least five days before the trial to ensure accessibility.
  • Notification: The court clerk will mail a copy of the order to all parties involved in the case, ensuring everyone is informed.

By keeping these points in mind, you can navigate the process of postponing a trial more effectively.