Rule 3.2110.Role of clerk in assisting small claims litigants
Division 21. Rules for Small Claims Actions · Chapter 1. Trial Rules · Last amended 2007 · Last verified July 29, 2026
Full Text of Rule 3.2110
Plain-English Summary
Most small claims litigants represent themselves, so the clerk’s office often serves as their main point of contact with the court system. Rule 3.2110 spells out what that assistance looks like. The clerk must supply Judicial Council forms and informational pamphlets, and hand over any relevant materials the Department of Consumer Affairs makes available. The clerk must also make sure litigants know that a small claims advisory service exists, since many courts offer free help through that service that goes beyond what a clerk can provide.
The rule also marks the line between administrative help and legal advice. Clerks may answer questions about filing and serving a claim, how to designate the parties, scheduling hearings, and similar procedural matters. What the rule does not do is authorize the clerk to tell a litigant how to frame a legal argument or predict how a case will come out — that kind of substantive help is the small claims advisor’s role under Rule 3.2120, not the clerk’s.
Frequently Asked Questions
What must a small claims clerk provide to litigants under Rule 3.2110?
Judicial Council forms and pamphlets, available Department of Consumer Affairs materials, and information about the small claims advisory service, as set out in Rule 3.2110(a) through (c).
Can a small claims clerk answer procedural questions?
Yes. Rule 3.2110(d) allows the clerk to answer questions about filing and service of the claim, designation of the parties, scheduling of hearings, and similar matters.
Can a small claims clerk give legal advice about a case?
Rule 3.2110 only authorizes procedural assistance, not legal advice. Litigants who need substantive help are directed to the small claims advisory service, addressed separately in Rule 3.2120.
Amendment History
Rule 3.2110 amended and renumbered effective January 1, 2007; adopted as rule 1706 effective July 1, 1991.