I know I will need to bring my driver to court with me, but is it necessary to list his name on the form. I am suing the driver and registered owner of the other vehicle. My driver was not injured.
Employment / Labor Attorney
I believe that my colleagues answer is correct, however, it may be best to seek a final answer from the small claims advisor, a civil service employee of the county where your court resides. That is because lawyers like us tend not to deal with small claims court forms on a regular basis, though there are a few that do. Every county has a small claims advisor. You may well be able to reach yours by telephone. If not, small claims advisors tend to make themselves accessible to the public for general questions according to a regular schedule of hours. They are extremely well informed, not only as to the general rules but as to the particular customs and practices followed in the particular court they serve.
This answer is made available by the above lawyer for educational purposes only. It is also offered as a public service to give you general information and a general understanding of the law. This answer is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. And, no attorney-client relationship has been formed. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. Only when a complete interview takes place is it reasonable to rely on legal advice.
If the driver of your car is not seeking financial recovery in the case, then you do not need to add him/her to the SC-100 form. The court does not need to know about witnesses ahead of schedule.
However, if a problem later occurs between you and your driver, be prepared to issue a subpoena for him/her to come to court. Further, if you are GOOD friends and you know it will not be ann issue, you can still issue the subpoena so that the driver can get a day off from work without upsetting his/her employer too much.
If you have further questions, be sure to speak with a lawyer that knows about Small Claims.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.