CIVIL: GENERAL INFORMATION

This section is about general civil cases which typically involve disputes about contracts, damage to property or someone getting hurt. For cases involving an eviction, see the section for Landlord/Tenant actions.

Civil cases are divided into types, depending on how much money is owed:

• A lawsuit for more than $25,000.00 is called an "unlimited" civil action.
• A lawsuit for $25,000.00 or less is called a "limited" civil action.
• You can also file in Small Claims Court for $10,000.00 or less. You can read about this in the Small Claims section of this website. If you are owed more than $10,000.00, you can waive the difference and file in Small Claims Court.
• A lawsuit that requires exceptional Judicial Management (see Rule 3.400 of the California Rules of Court) is called a "complex" civil action.

Superior Court of Orange County Civil Division Court Staff:

Superior Court of Orange County Self-Help Centers:

Superior Court of Orange County Website:

Drop Box Information:

You can go to any of the courts below to for procedural assistance between the hours of 8:00am and 4:00pm, and at the Civil Complex Center between the hours of 8:00am and 4:00pm, Monday through Friday; however, you must eFile your civil case and associated documents unless your case is exempt from mandatory eFiling. The amount of your lawsuit as well as the "venue" determines the proper courthouse. Please see the chart below to determine which courthouse you need to put on your document for the proper venue before you eFile your documents.

FORMS:

LAWS:

Documents MUST be electronically filed (eFiled).

Effective January 1, 2013, pursuant to amendments to Code of Civil Procedure section 1010.6 and Orange County Superior Court Rule 352, all documents filed in limited, unlimited, and complex civil actions must be filed electronically unless the Court rules otherwise.

Commencing January 14, 2013, electronically filed documents subject to the mandatory electronic filing requirements in civil limited, unlimited, and complex actions can be filed until midnight on the day that the filing is due, and will be considered timely pursuant to Code of Civil Procedure section 1010.6 subdivision (d)(1)(D). The document is “filed” at the date and time it is received by the court and the confirmation of receipt is created. See Cal. Rules of Court, Rule 2.259(a)(1). Any electronically filed document received by the Court on or after midnight will be file stamped on the next court day.

In addition to the Self-Help Centers, if you need access to a computer to eFile, you can find public computers at most public libraries and at the Public Law Library.

• Orange County Public Libraries: http://www.ocpl.org/libloc/
• Orange County Public Law Library: http://www.ocpll.org/loc_hours.html

Find information on how to:

• View records
• Request copies of documents

If you have a disability and need help, fill out a Request for Accommodations By Persons With Disabilities (MC-410) and file it with the court as soon as possible, but at least five days before the trial date.

SELECTING AN INTERPRETER

By law, in California all official court business must be conducted in English. When one of the parties or witnesses in a case does not speak English well, that person will need a court interpreter (who speaks English and the non-English speaker’s first language) so he or she can understand what is going on and talk to the judge.

In some cases (like criminal cases) the interpreter is paid for by the court and may be a court employee. However, in civil cases, with the exception of domestic violence proceedings and hearings for support involving the Department of Child Support Services in Family Law cases, the person needing the interpreter must get and pay for his or her own interpreter or get a friend to help interpret. It is your responsibility to get your own interpreter. You can ask a friend, relative, or someone else to interpret for you when you go to court. Do not ask a child to interpret for you.

Keep in mind that just because someone you know speaks both English and your first language does not mean he or she would be a good interpreter. A court interpreter needs to be familiar with legal terms and concepts in both English and your first language, and most people are not. That is why it is very important you have an interpreter with experience. If you decide to use a noncertified or nonregistered interpreter, such as a friend or relative, have the person read the instructions and duties for interpreting in the information sheet called Foreign Language Interpreter’s Duties-Civil and Small Claims (INT-200).

To make sure you get an experienced court interpreter, you should consider a professional interpreter who has passed the required examinations and has officially registered and been approved as a court interpreter by the Judicial Council of California. .

There are 2 types of officially-approved court interpreters in California:

• Certified court interpreters: Only interpreters who pass the Court Interpreter Certification Examination and register with the Judicial Council are referred to as “certified" in these 13 languages:

  American Sign Language, Arabic, Cantonese, Eastern Armenian, Japanese, Korean, Mandarin, Portuguese, Russian, Spanish, Tagalog, Vietnamese, and Western Armenian.

• Registered court interpreters: Interpreters of spoken languages for which there is no state certifying examination are called “registered interpreters of non-designated languages.” They must pass an English proficiency examination, and register with the state’s Judicial Council.

TRANSLATION OF DOCUMENTS

The California Courts website has a list of certified and registered interpreters for oral interpretation. Certified and registered interpreters may also translate documents, however, the California Courts does not test or certify an interpreter's written translation skills. The American Translators Association can also interpret documents.

TIPS FOR USING AN INTERPRETER

Using a court interpreter can be awkward because you have to go through another person to get your information or talk to the judge. Follow these tips when using an interpreter in a courtroom:

• Listen carefully to the interpreter.
• Wait for the interpreter to finish talking before you answer.
• Speak slowly so the interpreter can hear everything you say.

Do not interrupt, even if someone in court says something bad about you. You will get a chance to speak.

INTERPRETERS FOR THE DEAF OR HARD OF HEARING

Note: There are also American Sign Language interpreters and real time captioning for parties and witnesses that are deaf or hard-of-hearing (or have another disability). The court will provide a sign language interpreter or court reporter for you or other accommodation you may need. You can read more about this in the For Persons With Disabilities Requesting Accommodations section of this website to learn about the court's policy for accommodating persons with disabilities. Make your request as soon as possible, but at least 5 days prior to the hearing.

Children may be brought to the court and may stay in "Children’s Chambers" while their caregivers are conducting business with the court. Children’s Chambers is a safe drop-in center for children that lets children be children instead of spending long sessions listening to adult interactions that could be painful or frightening.

You can read more about which courts offer a Children’s Chambers and the guidelines.

For legal advice, you may contact a lawyer referral service.

Lawyers can be expensive. A civil case can be complicated and difficult to navigate without legal advice. Unless you are familiar with the laws, policies, rules, forms, and protocol, you should consider hiring a lawyer.

You may wish to consider hiring a lawyer for a limited-scope representation. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others.

You can read more about whether you should represent yourself in the California Courts
website.

There are a variety of resources which provide you with information about Civil disputes.

These are just a few:

• California Courts Self-Help website
• California Department of Consumer Affairs
• California Courts website-Court Basics
• Law Help California
• State Bar of California-Consumer Information
• Orange County District Attorney Real Estate Fraud Report Form
• Orange County District Attorney-Economic Crimes
• Orange County District Attorney-Bad Check Program