Forms you will need to file your Request for List of Documents and Witnesses to be used at Trial (C.C.P. § 96 Request)
What is a CCP §96 Request for Statement of Witnesses and Evidence?
Each party in a limited jurisdiction (lawsuit for less than $25,000) lawsuit has a right to make this request of the other party. This request is for a list of witnesses and evidence that the other party intends to use at trial to prove their claim. The other side may send you the same request. Failure to respond to a request that is sent in a timely manner may result in exclusion of the evidence. Because of this fact, it is very important that you send this request no later than the deadline provided. If you send it on time and in the correct way (instructions next), if the other side does not respond on time, they may not have any evidence to use to prove their case and you will be in a better position to defend yourself.
Directions
1. Fill in your contact information, case number, and court information at the top of the form using information in the Complaint.
2. Date and sign the CCP 96 request in blue ink.
3. Ask someone who is over the age of 18, and not a party in the lawsuit to fill out POS-030. Follow the instructions and sign in blue ink. For more on this, see this page or this video.
4. After you have both signed all the documents, assemble them in this order (top to bottom): Request for Statement of Witnesses and Evidence, first page of Proof of Service (POS-030).
5. In the same order, scan as one file or make a copy of all of these documents. If you elect to only scan the documents, scan it as one file in PDF form. Use a free scanner app on your phone to complete this request (directions for scanning here). If you make a copy, copy all of the pages and keep them in this order.
6. The originals will go in an envelope and the person who signed the POS needs to mail it using regular, postage paid mail on the date they said they mailed it on the POS to the person and address listed in section 5 of the POS. Save any receipts that prove when and where you mailed the documents.
NOTHING GETS FILED WITH THE COURT