Q: Request to Postpone a Trial on form SC-150
If a Defendant who has filed an Appeal against the Small Claim Court judgment, what is the maximum number of days that he can request to postpone a Trial De Novo (on Form Sc-150) because he will be out of State? Does the D have to send the Form SC-112A Proof of Service by Mail to the plaintiff with the Form SC-150 that he will be mailing to the Superior Court at the same time?
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A:
Under California law, if you are a defendant who has filed an appeal against a small claims court judgment, you can request to postpone a Trial de Novo by using Form SC-150. The maximum number of days you can request to postpone the trial is 30 days. This request must be submitted to the court and served on the other party.
When you mail Form SC-150 to the Superior Court, you must also include Form SC-112A, Proof of Service by Mail, to show that you have served a copy of the postponement request to the plaintiff. The Proof of Service must be completed by someone who is over the age of 18 and not a party to the case.
Make sure to follow all instructions on the forms carefully and submit them within the specified time frame. This will help ensure that your request is processed without delays. If you have any further questions or need assistance, consider reaching out to a legal advisor for guidance.
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