Does an Appeals court have access to a Points and Authorities document filed in a lawsuit, or do they only have access to what the Judge has taken judicial notice of?
State/Country relating to question: California
The appellate court has access to whatever you designate in the record for transmittal to the appellate court. However, referring to a previous points and authorities, rather than restating your argument in an appellate brief is likely to be a mistake. The judge wants to be able to read your argument without reference to anything else. Then, if the judge needs to investigate further, he/she can look directly to another document/transcript, etc. Always keep your audience in mind. The appellate judges are usually far more knowledgeable than the trial court, when it comes to legal issues -- the judges have law clerks who will review your pleadings and brief them to the judge. You want to direct the judge's attention to what matters in a hurry. Example:On ??/??/????, appellee's counsel asked appellee while testifying under oath, "Does your spouse grows marijuana for profit?" (Exhibit 00011, ??/??/???? transcript afternoon session, page 47, line 22). Appellant, in pro per, objected to the answer as "leading" and "assumes facts not in evidence." (ibid, line 23). The court overruled both objections, and the witness was permitted to answer, thereby improperly introducing evidence of an alleged illegal activity, which affected appellant's ability for a fair custody determination. (id. at LIne 24-page 48, Lines 1-15).Blah, blah, blah.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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