Results 1 to 9 of 9
  1. #1
    Join Date
    Sep 2016
    Posts
    27

    Default Mistake in Court Minutes

    My question involves a child custody case from the State of: CA

    I was having a disagreement with the other party about what should be court order after hearing so I went to the courthouse to review the minutes (no transcript available). There are mistakes in the minutes. Based on what I remember at the hearing, I can understand the confusion and how the minutes ended up that way.

    The mistake is actually grossly in my favor, but I don't want there to be any additional disputes. How do I "correct the record" so we can have an accurate order?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mistake in Court Minutes

    If you cannot agree on an order, and the minutes don't help you, order a transcript.

  3. #3
    Join Date
    Sep 2016
    Posts
    27

    Default Re: Mistake in Court Minutes

    There was no reporter at the hearing.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,813

    Default Re: Mistake in Court Minutes

    It is possible that it was recorded even without an on-site reporter and could be transcribed for you.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mistake in Court Minutes

    If in fact the proceedings were not recorded at all, then you're going to have to bring a motion and see if the judge's recollection is different than what appears in the judge's notes.

  6. #6
    Join Date
    Sep 2016
    Posts
    27

    Default Re: Mistake in Court Minutes

    I'm certain there was no recording.

    Like, I mentioned, the mistake is in my favor. I just don't want to give the impression that I'm trying to take advantage of the situation only to have the judge bring down the hammer at a future hearing.

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Mistake in Court Minutes

    You wouldn't know if the proceeding was recorded because you can't see the recorder from where you would be standing. It is likely that the judge has notes sitting around (we don't allow the public to see them).

  8. #8
    Join Date
    Sep 2016
    Posts
    27

    Default Re: Mistake in Court Minutes

    I looked into getting a reporter for the hearing. I talked to the supervisor for the court reporters before the hearing. We had a long discussion about how they no longer provide reporters for civil cases and I would have to get a private reporter. We also discussed how they've tried to use recordings without much success.

    Aren't the judge's/clerks notes what they would have used to make the minute order?

  9. #9
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Mistake in Court Minutes

    Quote Quoting GeneralUser
    View Post
    Aren't the judge's/clerks notes what they would have used to make the minute order?
    If they're as good as I am, they'd be writing on their calendar so call the courtroom and speak to the clerk. Yes, the judges take notes, but they don't look at them after they close the case file until the next hearing.

    Again, call the court and speak to the clerk in the courtroom. What county is this anyway?

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Employer Reduces Shifts By 15 Minutes for Every 2 Minutes an Employee is Late
    By cjbovgrond in forum Employment and Labor
    Replies: 1
    Last Post: 06-05-2013, 07:57 AM
  2. Enforcing Custody Orders: Are the Minutes from Court the Same As a Court Order
    By Singlemauimother in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 12-16-2012, 11:58 AM
  3. Bail, Bond and Pretrial Release: Mistake on Court Fines
    By dantheman9685 in forum Criminal Procedure
    Replies: 2
    Last Post: 09-11-2009, 12:38 PM
  4. My Mistake or the Court's
    By Genefloyd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-06-2009, 08:16 AM
  5. Failed to Appear Due to Mistake by the Court
    By smilenjack in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-04-2005, 03:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources