Title
Title
Rules and Forms | Small Claims: Information About Court Interpreters (Action Required)
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Summary
Summary
The Civil and Small Claims Advisory Committee recommends revisions to two small claims forms in light of the repeal of Code of Civil Procedure section 116.550 in Senate Bill 1155. Previously, that statute had authorized a small claims court to permit another individual other than an attorney to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. The law had also required each court to make a reasonable effort to maintain and make available to the parties a list of interpreters who were able and willing to aid parties in small claims actions. Senate Bill 1155 repealed section 116.550 and at the same time made all the statutory provisions regarding interpreters in other civil cases applicable to small claims cases. The proposed form revisions would remove from the forms all references to the content of this repealed law and more closely reflect current law.
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Recommendation
Recommendation
To correct information in the forms regarding interpreters, the Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2020, revise:
1. The “How to Get Help With Your Case” section of Information for the Small Claims Plaintiff (form SC-100-INFO); and
2. The “Information for the defendant” section of Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100).