You'll have to fill out the declaration form, describing exactly which documents or papers you need and the reasons you need them to support your claim. Both the Small Claims Subpoena and a copy of the declaration form must be served on the witness. A temporary judge is an attorney who has been licensed for a minimum of five years to practice law in California and who volunteers to assist the court by hearing certain cases. The temporary judge is required to take a training program before hearing cases. Before a case may be heard by a temporary judge, all parties who appear at the hearing must give their consent.
Some courts require the parties to sign a written consent form.
If either party doesn't consent, the clerk probably will reschedule the hearing to a later date when a regular judge or court commissioner is available. Attorneys who serve as temporary judges have basic knowledge about consumer law. All courts must provide special training programs for their temporary judges. Presenting Your Case or Defense Before the hearing, the courtroom procedures are explained either by the judge or some other court officer. Many courtrooms now use videotapes to explain these procedures.