Legal Question in Appeals and Writs in California

Lending of the Record

Hello, I,m going through a custody appeal pro-se (I'm the appelle). I need to request my ex-wife's attorney to lend me the record and I only have a few days to do this. Can someone PLEASE! tell me if I can just write him a letter asking him to lend me the record or do I have to do it thru a form?. Is there a format I have to follow?. I would really appreciate it if someone would please guide me on how I have to request him to lend me the record. I'm going to hire an attorney to help me out with the brief but I don't have enough money to pay for this. Please guide me!. Thank you so much.


Asked on 4/27/09, 7:25 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Lending of the Record

When I have seen this done it has been in the form of a letter. You should formally serve the letter on all parties and attach a proof of service.

Please feel free to contact me if you want to discuss the appeal further. I have almost fifteen years of experience in civil and criminal appeals and am certified by the State Bar as an appellate specialist.

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Answered on 4/27/09, 7:29 pm
Herb Fox Law Office of Herb Fox

Re: Lending of the Record

All that you need to do is send a letter within 20 days of the filing of the record, to your ex-wife's attorney, asking to borrow the record pursuant to Rule of Court 8.153. If there are other parties, serve the letter on them as well with a proof of service. The rule is mandatory if served on time.

I am a certified appellate law specialist with over 20 years of experience. You can find out more about my practice at www.foxappeals.com. Please contact me if you have any other questions.

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Answered on 4/27/09, 7:36 pm


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