Click on the tabs above for General Legal Information for Self-Help.
There are limits to the legal authority of each court to hear and decide a case. For a court to be able to decide a case, it has to have jurisdiction.
Before you file your lawsuit, you need to figure out which court has:
More than one court may have jurisdiction over a certain case.
Note: You cannot sue the federal government in state court. You can only sue the federal government or a federal agency in federal court.
Personal jurisdiction
The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.
In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California.
So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal jurisdiction.
Subject-matter jurisdiction
There are three types of subject matter jurisdiction:
The types of cases discussed in this website are almost all cases you can file in your superior court because it has subject matter jurisdiction.
While jurisdiction says in what state and what court you file your lawsuit, “venue” is the county where you file your action.
Usually, venue is in the county where:
It is possible to have a situation where more than one county is the proper venue for you to file your lawsuit. For example, back to the car accident scenario: If the driver that hit you lives in Los Angeles county, the owner of the car lives in Orange County, and the accident happened in Riverside county, you can choose which of those three counties (L.A., Orange County or Riverside) to file your lawsuit in.
You can read more about venue in different types of cases in the California Code of Civil Procedure sections 392 through 403
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Whatever the reason, you have the right to represent yourself, to be your own lawyer in all cases in California. But just because you can represent yourself does not mean you should. It is very important that you learn about what is at stake in your case, and what you will be expected to do and know in order to handle it on your own.
It is a good idea to have a lawyer to represent you. But, as we just explained, it is not always necessary or possible.
You may need a lawyer if…
You may not need a lawyer if…
Here are some basic steps you can take to make sure you are prepared to represent yourself in court:
Not being a lawyer and not knowing the law is not an excuse for not following court procedures.
Click for more information about preparing for court.
In order to assess whether or not to sue, you should consult with a lawyer.
But if you had several people working on your house (like an architect, a structural engineer, and a general contractor who, in turn, hired subcontractors and purchased supplies from different suppliers), proving who is at fault when something goes wrong becomes very difficult, and you would probably need an expert witnesses to determine fault and explain it to the court.
Also, while construction experts are usually not as expensive as medical experts, they can still cost a lot, especially if you need many experts in different specialties. Expert costs for these types of cases can run in the tens of thousands of dollars.
Some lawyers will take construction defect cases on a contingency basis, but most charge by the hour. You may be able to hire a lawyer on a limited-scope basis to help you with certain parts of the case, while you handle other parts on your own. Get more information on limited-scope representation.
In most cases, you have to pay a fee to file papers with the court. The fees are uniform in all 58 California counties (except for Riverside, San Bernardino and San Francisco counties, where fees may include a small surcharge related to local court construction needs). Click for the Statewide Civil Court Fee Schedule. Also, courts have their fee schedules posted on their website. If you cannot afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the court. This section gives you more information about asking the superior court for a fee waiver.
Click if you need a fee waiver for a guardianship or conservatorship case.
Click if you need a fee waiver for an appeal or a writ.
If you are low-income and cannot afford to pay the fee to file your court papers, you can ask for a “fee waiver.”
). (Available in Spanish)) (Spanish), reading the form very carefully. Use the Instructions for FW-001 or Video Instructions for FW-001 
as a guide.If you already have an Order on Court Fee Waiver (Form FW-003 or Form FW-008), but now have additional fees that are not included in the order:
).), and the top of a blank Order on Court Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 as a guide.Remember: You must sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.
Fee waivers expire 60 days after your case is finished, either by a judgment, a dismissal, or in some other way. They can also end if the court finds that you are no longer eligible for the fee waiver.
If you file a Request to Waive Court Fees (Form FW-001) and your request is granted, you will not have to pay fees for:
If you file a Request to Waive Additional Court Fees (Form FW-002) and the court grants your request, you will not have to pay fees for services the court determines to be necessary for your case. The fees that are waived will be checked off on Form FW-003 or Form FW-008. These may include 1 or more of the following:
to see examples of the fees you can ask the court to waive). (Form FW-001-INFO is also available in Spanish.)Important: Even if your fees are waived at first, there are some cases in which you may have to pay them back later. Click to find out when you may have to pay your fees back.
Your fee waiver application may be denied without a hearing for 1 of 2 reasons:
The judge will check the reason for denying your request on page 2 of Form FW-003.
If your fee waiver is denied without a hearing, you have 10 days from the date in the Clerk’s Certificate of Service (at the bottom of page 2 of Form FW-003 or attached to that form) to:
Read item 4b on Form FW-003 carefully to find out what you need to do.
If you do not do 1 of these 3 things, the court will cancel the papers you filed with your fee waiver request and you can miss important deadlines or have to start your case all over.
To ask for a court hearing to bring more information after your fee waiver request is denied:
) and the top of Notice on Hearing about Court Fees (Form FW-007). Use the instructions for FW-006 and instructions for FW-007 as a guide.If you missed the deadline and filed your request for a hearing more than 10 days after your fee waiver application was denied, the court will deny your hearing request and say so on Form FW-007. If there is another reason why the court denies your hearing request, the court will write it in item 5c.
If the court wants more information to make a decision on your fee waiver, the court will set up a hearing date for you. The information on the hearing will be on page 2 of Form FW-003, under item 4c.
Make sure you go to that hearing. Bring with you any documents that the court tells you to bring. The court will tell you what documents it wants you to bring right above the hearing date information.
If you do not go to this court hearing, your fee waiver application will be denied and you will have to pay your fees in 10 days.
If the court denies your fee waiver request after a hearing, your options depend on what the court orders. First, look at page 2 of the Order on Court Fee Waiver After Hearing (Form FW-008) to see what the court ordered.
, item c. You must pay any other fees you owe within 10 days after the date in the Clerk’s Certificate of Service (at the bottom of the form or attached to it). If you do not, the court will cancel the papers you filed.. On the form in these items, the court will tell you when you must start making the partial payments and how much you must pay each month. If you do not make those payments, or pay for any other fees and costs as they come due, the court may cancel the papers you filed.. You must pay your court fees within 10 days after the date in the Clerk’s Certificate of Service (at the bottom of the form or attached to it). If you do not pay, the court will cancel the papers you filed.Remember: You must act quickly after you get that order if you want your case to move forward.
Once you get a fee waiver, and as long as your financial situation remains the same, you do not have to do anything related to the fees. BUT if your finances improve or if you can now afford to pay the court fees and costs, you have to tell the court within 5 days. Fill out a Notice to Court of Improved Financial Situation or Settlement (Form FW-010) and file it with the clerk. Use the instructions for FW-010 as a guide.
Also, you may get a Notice to Appear for Reconsideration of Fee Waiver (Form FW-011). This is a notice from the court to go to a hearing to reconsider your fee waiver. The court sends this form if it thinks your financial situation may have changed. Make sure you go to this court date, or your fee waiver may be canceled.
It is possible that you may have to pay the fees that were waived in some cases. Find out more about paying waived fees back.
Fee waivers expire 60 days after the court issues a judgment or dismissal or finishes the case in some other way.
If you are facing additional court fees that were not waived in your original order, you can request a waiver for these additional fees:
).) and the top of the Order on Court Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 as a guide.Remember: You must sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.
In some cases, even if your fees are waived, you may have to pay them back later. You may even have to pay the other side’s waived fees.
To ask for a court hearing in a family law case when you have been ordered to pay waived fees and costs:
). If you file in time, you will not have to pay the waived fees until the judge makes a decision after the hearing.).) and attach it to Form FL-300.).) or a Proof of Service by Mail (Form FL-335) and file it with the clerk.The California laws about fee waivers are in the Government Code, sections 68630 through 68641.
The California Rules of Court also deal with fee waivers. For:
| You may not need all of these forms. Or you may need more forms. If you are not sure which forms to use, talk to a lawyer. Or get help from your court. Your court’s self-help center, family law facilitator, and small claims legal advisor may be able to provide you more help with your fee waiver. |
NOTE: All California courts use the same basic set of forms. But some courts have special, local forms, too. To see if you will need any special, local forms, contact your court clerk or check your court’s website. The forms may be posted on their site. If not, the site will list the address and phone number of your local courthouse.
To download a form (in PDF format), click on the form number in the table below.
|
Form Name |
Form Number |
Instructions |
|---|---|---|
|
Information Sheet on Waiver of Superior Court Fees and Costs |
Information sheet only. |
|
|
Request to Waive Court Fees |
||
|
Order on Court Fee Waiver (Superior Court) |
To download a form (in PDF format), click on the form number in the table below.
|
Form Name |
Form Number |
Instructions |
|---|---|---|
|
Request to Waive Additional Court Fees (Superior Court) |
||
|
Request for Hearing About Court Fee Waiver Order (Superior Court) |
||
| Notice on Hearing About Court Fees | FW-007 |
Instructions for Form FW-007 |
|
Order on Court Fee Waiver After Hearing (Superior Court) |
||
|
Notice to Court of Improved Financial Situation or Settlement |
||
|
Order on Court Fee Waiver After Reconsideration Hearing (Superior Court) |
Note: Fee waiver forms are for the court only, and some of them are confidential (it should say on the form itself). Do not have them served on the other side.
For more information on California, see:
What you should do to prepare for your upcoming court date depends on what type of case you have. In this section we give you general guidelines for how to best prepare yourself for court. It is possible that you will see something that does not apply to your case. For example, if you have a divorce case, you can ignore the suggestions about preparing to pick a jury. If you have a small claims case, you do not have to worry about the rules of evidence. So keep in mind that these are general suggestions and may not apply to every case.
One of the most important steps you can take when preparing to go to court is preparing your “evidence.” Evidence is information a party can present in court to prove their case.
Evidence can be in 2 main forms:
1. Witness testimony (people):
- The party involved in the lawsuit;
- Other people who have direct and relevant information about the case;
- People who keep relevant records; or
- Experts qualified to given an opinion about some aspect of the case.
Usually, any witnesses must be present in court for the hearing or trial.
2. Exhibits (things):
- Documents or objects used to prove your case (or disprove the other side’s);
- Photographs; or
- Records: police records, medical records, bills, appraisals, school records, financial statements, etc.
To prepare your evidence:
Researching the rules of evidence
There are rules of evidence that everyone must follow. These rules exist to make sure that the judge gets reliable, relevant, and accurate evidence to consider when making decisions about your case.
Some of the most important rules are:
There are many laws that set rules for what evidence can be used in court. Together, these laws are called the California Evidence Code. You will have to follow these rules even if you are self-represented. You will not get any special treatment just because you are not a lawyer. And the judge and the court staff cannot help you prepare or present your case.
Click to see a handout which explains getting your evidence for court.
In addition to reading the Evidence Code, you can also go to your public law library and ask the librarian for books that talk about and explain the rules of evidence.
Here is a video courtesy of Greater Bakersfield Legal Assistance with tips for what you should and shouldn’t do when you go to court:
The following guidelines should always be followed in court:
A restraining order protects someone from being physically or sexually abused, threatened, stalked, or harassed.
Civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member (like an uncle or aunt, a niece or nephew, or a cousin).
One way to try to stop someone from harassing you is to file for a civil harassment restraining order.
This resource will help you understand how the California Court defines domestic violence, restraining orders, where to get help and find other resources.
These pages provide tips to help keep you as safe as possible while you are still in an abusive relationship, when you are preparing to leave, and after you have left.
The court can help protect people who have been abused or threatened with abuse by someone you dated, lived with, or are related to.
The Basics Everyone Should Know has some basic information to help you think about what you want to do about violence. No matter what your familiarity is with the topic of interpersonal violence, including domestic violence or sexual assault, you may find it useful to read through the Basics section. The information presented here is different from the kind of basic domestic violence or sexual assault information offered in other books, websites and community education materials.
This map is a useful tool for finding domestic violence organizations in your community who are Members of the Partnership.
When to call the police and what can the police do if the abuser violates the restraining order.
Call (800) 799 – 7233 for Trained advocates are available to talk confidentially with anyone experiencing domestic violence, seeking resources or information, or questioning unhealthy aspects of their relationship. TTY: (800) 787 – 3224 and Videophone (855) 812 – 11
This resource defines stalking, cyberstalking and online harassment under the law, statistics about who is affected, California and Federal Law on stalking, tips and resources for victims.
A safety plan is a personalized, practical plan that can help you avoid dangerous situations and know the best way to react when you”re in danger.
This page includes general information about domestic violence in tribal law, information on tribal protection orders, and links to other online resources for domestic violence on tribal land.
This resource by the Women’s Law organization will assist you in answering the following questions: What is domestic violence? Who does domestic violence happen to? What are the laws against domestic violence and can they help me?
A domestic violence restraining order (DVRO) is a civil court order that is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. This resource provides basic information on domestic violence retraining orders, who can get them, how to get them, and what happens after a hearing.
Tips to prepare and what to do when you’re at the court.
You can ask for a firearms restraining order against a close family member if you are afraid they may hurt themselves, or another person, with a gun.
There is most likely has an expiration (end) date. If you are still concerned for your safety or want your restraining order to stay in place, you have to “renew” it, which makes it last longer and gives it a new end date.
If you have a problem or just want to talk with another teen who understands, then this is the right place for you! Call, Text, or Email. Check out “Ask TEEN LINE”, find resources in Youth Yellow Pages, or join conversations with other teens on message boards.
Getting a restraining order to protect yourself is not just for adults or people who are married. Many states understand that young people are experiencing abuse, and have made sure that their laws allow teens and young adults to be protected.
Disclaimer: This is an educational and informational tool and the information contained within it does in no way constitute legal advice. Any person who intends to use the information contained herein in any way is solely responsible for independently verifying the information and obtaining independent legal or other expert advice if necessary.