(a) Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but excluding other judicial holidays.
§ 116.250.Sessions; Night or Saturday sessions; Proceeding by mediator or referee
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 2. Small Claims Court · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 116.250 lets small claims sessions run on any day including Saturdays, requires larger superior courts to hold at least one night or Saturday session monthly for non-appeal small claims cases, and confirms that a mediator or referee proceeding counts as a session.
Full Text of § 116.250
(b) Each small claims division of a superior court with seven or more judicial officers shall conduct at least one night session or Saturday session each month for the purpose of hearing small claims cases other than small claims appeals. The term “session” includes, but is not limited to, a proceeding conducted by a member of the State Bar acting as a mediator or referee.
Plain-English Summary
Section 116.250(a) frees small claims scheduling from the ordinary court calendar, allowing sessions on any day and time, including Saturdays, with only other judicial holidays excluded.
Subdivision (b) turns that flexibility into a requirement for busier courts: a small claims division in a superior court with seven or more judicial officers must hold at least one night session or Saturday session every month, for small claims cases other than appeals. That requirement recognizes that many small claims litigants work standard weekday hours and cannot easily appear during a typical court day.
The subdivision also defines “session” broadly enough to include a proceeding conducted by a State Bar member acting as a mediator or referee, so a court can satisfy the night-or-Saturday requirement through that kind of proceeding, not only through a hearing before a judge or temporary judge.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1998 Law Revision Commission Comment. Section 116.250 is amended to accommodate unification of the municipal and superior courts in a county. Cal. Const. art. VI, § 5(e). For guidance in applying Section 116.250, see Section 38 (judicial districts) & Comment.
2002 Law Revision Commission Comment. Section 116.250 is amended to reflect unification of the municipal and superior courts pursuant to Article VI, Section 5(e), of the California Constitution. See Section 38 (judicial district).
2003 Law Revision Commission Comment. Subdivision (a) of Section 116.250 is amended to reflect enactment of Government Code Section 69740(a) (number and location of trial court sessions).
Frequently Asked Questions
Can small claims court hold hearings on Saturdays in California?
Yes. Section 116.250(a) allows small claims sessions on any day, including Saturdays, excluding only other judicial holidays.
Are courts required to offer night or Saturday small claims sessions?
Larger ones are. Section 116.250(b) requires any small claims division in a superior court with seven or more judicial officers to hold at least one night or Saturday session each month for cases other than appeals.
Does a mediator or referee proceeding count as an official small claims session?
Yes. Section 116.250(b) defines “session” to include a proceeding conducted by a member of the State Bar acting as a mediator or referee.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1998 ch 931 § 40 (SB 2139), effective September 28, 1998; Stats 2002 ch 784 § 31 (SB 1316); Stats 2003 ch 149 § 4 (SB 79).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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