Civil Division

Generally, civil cases involve disputes between private parties (individuals or businesses) rather than the violation of criminal law. A civil matter may involve a lawsuit in which one party sues another to recover money or property, to enforce a contract or other obligation, to collect damages for injury or to protect a civil right. Some examples of civil cases include claims for personal injuries arising from automobile accidents, alleged wrongful termination from employment, evictions from a house or commercial building or disputes regarding the use of an easement. Petitions to change one’s name, change a child’s name, and to seek civil harassment restraining orders are also processed by the Civil Division. Calendar information for Civil cases (as well as other case types) can be found on the Court Calendars page.

General civil cases are categorized as either “Limited” or “Unlimited” depending on the type of relief sought or the amount in controversy:

Limited Civil Cases

A Limited Civil case involves a claim for money damages of less than $25,000.00.
Most unlawful detainer and credit card collection cases and other matters, designated as such by statute, are limited civil cases.

Unlimited Civil Cases

An Unlimited Civil case involves a claim for money damage for $25,000.00 or more. In addition, most disputes regarding real property such as claims to title or disagreements about the location of boundary lines or easements are considered Unlimited cases.

Different rules of procedure apply depending on whether a case is considered a Limited or
Unlimited Civil case. In addition, different filing fees may be charged.

The Small Claims Courts hears cases in which the amount claimed is less than $10,000. (If the plaintiff is an individual.  If the plaintiff is a business, the amount claimed cannot exceed $5,000.00.). For more information see Small Claims.

Civil Court Fees

The current fees for filing an initial civil complaint, petition or application can be found on the Fee Schedule page.

Forms

Fee Waiver forms and information can be found on the Self-Help Fee Waiver page.

Landlord / Tenant Disputes - (Aka Unlawful Detainers)

What is an Unlawful Detainer?

An Unlawful Detainer is a special court action, filed by a landlord, to evict a tenant. If judgment is entered in favor of the landlord, the sheriff may be asked to physically remove
the tenant from the rental unit. If the landlord's claim is denied, the tenant can continue his/her occupancy of the property.

Only the sheriff can physically evict someone:

If the landlord wins, the Court will enter a "judgment for possession" in favor of the landlord.
Only the sheriff can enforce the judgment. The Sheriff may physically remove a tenant from the property named in the judgment.

A landlord cannot evict a tenant without a Court order. Moreover, it is illegal for the landlord to use "self-help" measures to accomplish an eviction. For example, a landlord cannot change the locks on the property or shut off utilities services to the property in an attempt to force the tenant to leave.

Expedited Proceeding:

An unlawful detainer action is considered an expedited proceeding. After being served with the complaint, a tenant has five (5) days to file a response (Answer) with the Court. If the tenant does not file a response within the allotted timeframe, the landlord may obtain a default judgment against the tenant. If the tenant files a response to the complaint, the landlord may request a trial date. Generally, the trial dates are set within twenty (20) days after the landlord's request. The trials typically last one hour or less.

Where can I find More Information?

Department of Consumer Affairs website
Department of Consumer Affairs: California Tenants Guide
California Courts Self-Help Website
California Department of Consumer Affairs
Self-Help Center (Amador Local Self-Help Resources)

Frequently Used Unlawful Detainer Forms

Available on the Forms tab.

The following questions and answers are provided for general reference and information only.

Where do I file my Papers?

All documents are filed at the Clerks Office, located at 500 Argonaut Lane, Jackson, CA.
Papers filed with the Clerks Office can be submitted in person during office hours, or left in the dropbox at the Courthouse entrance. (See Local Rule 11.22).Papers being filed on the day of the hearing must be filed in the courtroom,
unless there is a filing fee, then they must be filed at the public counter.

When filing papers with the court, please use the following guidelines:

• Pleadings will not be filed unless they comply with
• California Rules of Court, Rule 2.100 et seq.
• Exhibits must be as legible as original typing or printing.
• No conformed copies of documents filed with the Clerk's Office will be returned by mail unless a self-addressed stamped envelope, with sufficient postage is provided.
• All papers presented for filing must be pre-punched in the standard two-hole position to comply with California Rules of Court, rule 2.115.
• An original and one copy must be submitted, and only two copies of each document will be conformed.
• Advanced reservations are required for all Unlimited and Limited Civil Motions.
• Documents submitted without appropriate filing fees according to the court's
• Statewide Filing Fee Schedule will be returned un-filed.
• A copy of the judgment is required for issuance of Writ of Execution or Abstract of Judgment.

Fee Waivers.

Basic Fee Waiver Facts.
After Getting a Fee Waiver.
Paying Waived Fees Back.
Waiver of court Fees in appeals and Writ Proceedings.
Information sheet on Waiver of Superior Court Fees and Costs.

Can I appear by Phone?

CourtCall

Amador Superior Court utilizes the service of CourtCall. This organized program allows parties to appear by telephone in certain non evidentiary pre-trial proceedings. Please contact CourtCall for the current fee for this service. All CourtCall appearances should be arranged no later than five Court days prior to the hearing.

For Further Information call 1-888-88-COURT or 1-888-882-6878 or visit http://www.CourtCall.com.

Examples of Cases in Which CourtCall is available:
(SEE CALIFORNIA RULES OF COURT 3.670)

• Case Management Conferences
• Trial Setting Conferences
• Hearings on law and motion matters, except motions in limine.
• Certain Probate cases (if you are unsure contact us)

Please Note:

Trials, Pre-Trials and Settlement Conferences cannot be handled through CourtCall. No evidence will be taken on CourtCall.

How Do I Notify the Court of Change of Address?

Use the – JUDICIAL COUNCIL FORM MC-040
NOTICE OF CHANGE OF ADDRESS