Legal Question in Appeals and Writs in California

court procedure

Our limited civil preceding was not recorded, so I had to write a settled statement. The opposing side never filed any objections or their statement for what happened. The clerk then sent the appeal in and the record says it was''certified''. After we both filed briefs,the appeals court sent the settlement statement back to the presiding

Judge for a hearing. At the hearing the opposing side basically refused to file papers even tho the Judge gave him every opportunity. The Judge (after reading from CRC?}then decided He had to let the statement go thru as it

was written by me, that their time had ran out. The appeals court has now set up another hearing with the presiding Judge to ''settle the statement''. Is this normal? Do I have any recourse?


Asked on 5/09/06, 1:30 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: court procedure

The trial court must sign off on the statment as it is the "record" for the court of appeal to review. Read Calif. Rules of Court Rule 127 carefully and follow it. From what you wrote, it appears your version is what the trial court agreed would be the final one.

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Answered on 5/10/06, 1:37 pm


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