§ 116.310.Pleadings necessary to initiate action; Pretrial discovery not permitted
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2005 · Last verified July 28, 2026
Full Text of § 116.310
Plain-English Summary
Small claims practice is built to run without the paperwork of a regular lawsuit. Section 116.310(a) states that no formal pleading, other than the claim described in § 116.320 (the plaintiff’s claim) or § 116.360 (a defendant’s counterclaim), is necessary to start a small claims action — there is no separate complaint, answer, or motion practice layered on top of the claim form.
Subdivision (b) removes discovery from the picture entirely: the pretrial discovery procedures described in § 2019.010 are not permitted in small claims actions. That means no depositions, no written interrogatories, no formal document demands before the hearing. Parties come to the hearing itself to present their evidence and testimony under § 116.520, rather than exchanging it beforehand through discovery.
Together, these two rules explain why small claims cases move from filing to hearing so quickly compared with a regular civil lawsuit — there is no pleading stage to fight over and no discovery period to wait out.
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.
2003 Law Revision Commission Comment. Subdivision (a) of Section 116.310 is amended to correct the cross–reference. See 1991 Cal. Stat. ch. 915, § 11.
2004 Law Revision Commission Comment. Subdivision (b) of Section 116.310 is amended to reflect nonsubstantive reorganization of the rules governing civil discovery.
Frequently Asked Questions
Do I need to file a formal complaint to start a small claims case in California?
Can I send the other side written questions or document requests before the hearing?
No. Section 116.310(b) bars the pretrial discovery procedures described in § 2019.010 in small claims actions, so there is no formal discovery process before the hearing.
If there’s no discovery, when do I present my evidence?
At the hearing itself. Section 116.520 governs how evidence and witness testimony are presented at that hearing, rather than through pretrial exchanges.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 6 (SB 771); Stats 2003 ch 149 § 5 (SB 79); Stats 2004 ch 182 § 7 (AB 3081), operative July 1, 2005.