Quote Quoting quirkyquark
View Post
No, that is a time limit (i.e., within x days). And the primary reason Benhoor said PC 1382 didn't apply is because TDN is not a "motion for a new trial", i.e. 1382 doesn't apply on its face to a TDN.
And therefore, 1382 should not have been even brought up by Benhoor. Alternatively, the decision to tell Benhoor to go pound sand was simply because the only remedy to any violation of the steps/rules/time-lines/due dates of a TBD is to submit a request for a TDN! Nothing... And that means NOTHING is to be construed as a means to a dismissal!

Quote Quoting quirkyquark
View Post

Quote Quoting That Guy
4.210 (h) Additional forms and procedures
The clerk may approve and prescribe forms, time limits, and procedures that are not in conflict with or not inconsistent with the statute or this rule.
There is no mention of "record", "record entries" and/or "minutes"!
Sure, it may be another "out", but I'm also sure that there will be plenty of case law that details what exactly a court can order completely "off the record".
I think you may want to re-read that Quirky... It specifically states that the CLERK, (NOT the COURT) can make those changes and approvals... That means there is no requirement that every approval to come in through a judge and by way of an entry/notation on the record!