(a) The parties have the right to offer evidence by witnesses at the hearing or, with the permission of the court, at another time.
§ 116.520.Presentation of evidence at hearing
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 5. Hearing · Enacted 1990 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.520 gives the parties the right to present witness testimony at the hearing, requires the plaintiff to prove the claim even if the defendant fails to appear, and lets the court consult witnesses informally and investigate the dispute on its own, with or without notice to the parties.
Full Text of § 116.520
(b) If the defendant fails to appear, the court shall still require the plaintiff to present evidence to prove his or her claim.
(c) The court may consult witnesses informally and otherwise investigate the controversy with or without notice to the parties.
Plain-English Summary
Section 116.520(a) gives both sides the right to offer evidence through witnesses at the hearing, or, with the court’s permission, at another time. Subdivision (b) makes clear that a defendant’s absence is not an automatic win for the plaintiff — the court still requires the plaintiff to present evidence proving the claim before entering judgment.
Subdivision (c) reflects the hearing’s informal character: the court may consult witnesses informally and investigate the dispute on its own initiative, with or without notifying the parties first. That latitude is part of what separates a small claims hearing from a formal trial governed by strict rules of evidence.
Frequently Asked Questions
If the defendant doesn’t show up to small claims court, do I automatically win?
Not automatically. Section 116.520(b) still requires the plaintiff to present evidence proving the claim even when the defendant fails to appear.
Can I bring witnesses to my small claims hearing?
Yes. Section 116.520(a) gives the parties the right to offer evidence through witnesses at the hearing, or at another time with the court’s permission.
Can the judge investigate the case on their own?
Yes. Section 116.520(c) allows the court to consult witnesses informally and investigate the controversy on its own, with or without notice to the parties.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627).
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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