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  1. #1
    Join Date
    May 2011

    Default How to Prevent a Party from Changing Testimony at a New Hearing

    My question involves court procedures for the state of: CALIFORNIA

    Two separate cases filed by same plaintiff, a restraining order request and a small claims
    matter were ordered to be heard at same time as underlying issue is possession of property. Plaintiff sought remedy of property returned by RO and again in SC matter.

    Judge ordered them to heard together at date set forward.

    At the hearing, testimony given by both sides on the RO and judge said lets move to the property- and testimony was given by both sides and done. Then court closed for the day. The judge ruled in couple days denying the RO, but did not rule on property although he heard all the testimony and made a note on file as such.

    But my question is this: The SC is now going before another judge.

    How do I request or what do I request to have court take notice or hear transcripts of testimony already given on the property so 1) it does not need to be repeated?
    and 2) plaintiff now has advantage to testify differently concerning property? And plaintiff has no problem perjuring to court.

    Would this be a request to take judicial notice on plea paper>? and do I file it with clerk or submit plea at hearing? Or request my own copy of transcripts?

    This property is very important to me. I thank you in advance for any helpful reply.

  2. #2
    Join Date
    Feb 2010
    CT & IL

    Default Re: How to Request Court Take Judicial Notice

    Just get the transcripts...

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Prevent a Party from Changing Testimony at a New Hearing

    If the prior proceeding was recorded or if a court reporter was present, order a transcript.

    The court is not in a position to take "judicial notice" about whether or not testimony is true. If the judge knows that the testimony is false, the judge knows it's false. If not, you need to submit evidence to support your position that it's false.

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