|
You are here: Free & Low-Cost Legal Help > Get Ready for Court
This page describes the court system in California.
You will also find information about court fees, fee waivers, and how to get ready for court.
If you want to try to resolve your case without going to court, visit the You Don't Have to Sue (Solve a Problem Without Going to Court) section of this Self-Help Center.
Click on a topic below:
How to File Papers at the Court
Court Fees & Fee Waivers
Serving Your Papers & Proof of Service
Statute of Limitations & Your Lawsuit
The California Courts
How to Find the Superior Court in Your County
How to Get Ready for Your Hearing
Get Ready for Court Questions & Answers
2007 Court Calendars
Note: For information on court forms and how to find forms for your case, go to the Forms & Instructions section of this Self-Help Center.
Click here if you have been served with court forms |
How to File Papers at the Court
Ask the court clerk in your county how to file your papers with the court.
Some courts have local rules for filing. Some local rules require special cover sheets or local forms. Ask the court clerk if there are any local rules that apply to your case.
Click here for information on filing papers by mail.
[ Top of Page ]
Court Fees & Fee Waivers
In most cases, you have to pay a fee to file papers with the court. The fees are a little different in each county. Most counties have their fee schedules posted on their court's web site.
Use the pull down menu to find fee schedules for a court.
In some cases, like a request for a Domestic Violence restraining order, you do not have to pay any fees.
For some people who do not earn enough money, the court will say that they do not have to pay the fees. This is called a "fee waiver." To find out if you qualify for a fee waiver, read form FW-001-INFO Information Sheet on Waiver of Court Fees and Costs.
You will need both of these forms to ask for a fee waiver:
Later on in your case, you may need these forms to ask for a fee waiver:
| These are confidential forms for the court only. Do not have them served on the other party. |
[ Top of Page ]
Serving Your Papers & Proof of Service
Service
The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. This is called "service" or "serving."
"Service" means that the other side must get copies of any paper you file with the court.
Until the other side has been properly "served," the judge can't make any permanent orders or judgments.
| Important! The information here is general and may not apply to your case. |
Two types of service
Most of the time, the first papers in a case have to be "personally served."
"Personal service" means that someone-not you-must personally give your documents to the other party. The server must:
- Be 18 or older;
- Not be listed in your court papers as one of the people involved in your case;
- Give the other party a copy of the documents within the time required; and
- Fill out the Proof of Service and give it to you.
"Service by mail" means that someone-not you-must mail your documents to the other party. The server must:
- Be 18 or older;
- Not be listed in your court papers as one of the people involved in your case;
- Mail the other party a copy of the documents within the time required; and
- Fill out the Proof of Service and give it to you.
Who can serve your documents?
The server can be a:
- Friend
- Relative
- County sheriff
- Professional process server*
| Remember: You cannot be the server for your own case. |
*If you hire a process server, give them a photo of the other party (if you have one) and a list of times and places when it will be easy to find that person.
Look for a process server who is close to where the other party lives or works. Fees are often based on how far the server has to travel. So this will save you money.
Filling out the Proof of Service
The court must know that the other party was properly served. Take the signed original Proof of Service and a copy of it to the court clerk.
The clerk will stamp the copy "Filed" and return it to you.
Keep this copy in a safe place. It is your proof of meeting the service requirements.
Need more information on Proof of Service?
- The type of service you need at each stage of your case is explained in more detail in each section of this Self-Help Center.
- Contact a lawyer. (Click here to find free and low-cost legal help).
- Consult legal books or Web sites (Click here to find libraries, web sites, and self-help legal books).
[ Top of Page ]
Statute of Limitations & Your Lawsuit
Many lawsuits MUST be filed within a certain amount of time. This is called the "statute of limitations."
For example, a personal injury claim must usually be filed within 2 years of the date of injury. If you do not bring suit within 2 years, the suit is "barred." That means you can no longer sue.
It is not always easy to figure out the statute of limitations. If you are suing for less than $7,500, ask the small claims legal advisor in your county for help. (If no advisor is listed for your county, ask your court clerk for the name and phone number of the advisor.)
In other cases, contact a lawyer to tell you the statute of limitations in your case. Click here for help finding a lawyer.
[ Top of Page ]
The California Courts
In California, the courts are divided into two systems: federal and state.
This page describes the state courts in California.
Click here for information on the federal court system  .
State courts in California
California has two types of courts:
- Trial courts
- Appellate courts
Trial courts are also called "superior courts." There are 58 trial courts-one in each county.* In the trial courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
Superior courts handle:
- All criminal cases (felonies, misdemeanors, and traffic tickets)
- All civil cases (family law, probate, juvenile, and other civil cases)
- Appeals of small claims cases and other civil cases where $25,000 or less is at issue
- Appeals of misdemeanor cases
In 1999-2000, there were almost 9 million cases in the trial courts at 451 court locations in California.
| *In 1998, Proposition 220 was passed. It allowed each county to merge its superior and municipal courts into a single, superior court. Now, all of California's 58 counties have merged their municipal and superior courts. |
Appellate courts consist of the Courts of Appeal and the California Supreme Court. There are 6 Courts of Appeal and the California Supreme Court. Appellate courts are used by people who are not satisfied with a trial court decision. When they "appeal" their case, they ask a higher-level court to change what the trial court decided.
In each Court of Appeal, a panel of three judges, called "justices," decides appeals from superior courts.
Their job is to review the case and decide if the trial court made a legal error in handling the case being appealed. (They can't review death penalty cases.)
The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal.
Certain kinds of cases go directly to the Supreme Court and are not heard first in the Court of Appeal:
- Death penalty appeals
- Disciplinary cases involving judges or attorneys
There are 7 justices on the Supreme Court, and at least 4 must agree to come to a decision. A decision of the Supreme Court must be followed by all other state courts in California.
[ Top of Page ]
How to Find the Superior Court in Your County
Most counties have Web sites that list the address and phone number of the superior court. Some of these sites also
- Give driving and transit directions
- Explain local court rules
- Provide the forms you'll need
- Tell the days and times the court is open
Click here for the superior court Web site for your county.
[ Top of Page ]
How to Get Ready for Your Hearing
- Read your court papers.
Understand what each form asks and how the other party has responded.
- Make an outline listing your reasons for each request.
Write down the answers the other party gives to each request.
- Summarize your point of view.
Explain why the judge should approve [or not approve] each request.
- If you get nervous in court, look at your outline.
This will help you to speak to the judge.
- If you are asking for court orders, make sure that the judge makes an order on EACH item you have asked for.
- Do not depend on the judge to remember everything you have asked for.
If something has been overlooked, tell the judge.
[ Top of Page ]
Get Ready for Court Questions & Answers
Click on a question below:
How can I find the trial court in my county?
How can I get forms for use in my case?
How do I file papers in court?
Where can I get information on serving papers?
How are the California state courts structured?
If I have a disability, how can I be assured that I will be accommodated in court?
How do I find out about a particular trial court case, past or current?
How are trial court judges selected?
How are justices of the Supreme Court and Court of Appeal selected?
Where can I find biographical information about California's Supreme Court justices?
Where can I find biographical information about California's Court of Appeal justices?
How can I locate a particular California trial court judge?
What guides judges' ethical conduct?
How do I file a complaint against a judge?
How do I file a complaint against a court commissioner or referee?
Where can I find my court's fee schedule?
Where can I find a court's local rules?
[ Top of Page ]
2007 Court Calendars
You can find a court calendar and a list of court holidays at: www.courtinfo.ca.gov/selfhelp/courtcalendars/
[ Top of Page ]
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
