A court decision I received (Form TR-215) doesn’t contain the judge’s name, nor the plaintiff’s (police) Written Declaration which I submitted.My questions are: 1st. Is that legal? 2nd. what is the California Code relating to that regulation?3rd. Will my request for a New Trial still be restricted by the date on that Decision? 4th. there is an underlined Judicial Officer kept blank. Is there supposed to be printed with the judge’s name?5th. if the officer makes a perjury and I hire a lawyer to get testimonial from another officer who was on scene, does the lawyer have to talk to the officer in person or just mail a letter to him asking for a written testimonial. And how much would that cost.
State/Country relating to Question: California
I wrote to the Police Disciplinary Committee reporting the cop and my complaint was denied. I know the cop made a perjury but I can't prove it. However that was another officer who was on scene. He would either tell the truth that would ruin his associate or make a perjury too through his testimonial. I even wrote to the D.A. two weeks ago expecting him starting an investigation, but got no reply yet.
Are you saying that the judge did not sign the form, on the line under which it states: "Judicial Officer?" Or, do you mean that you can't read the name?
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it was left blank, no name at all, neither a printed one or signiture
Well, that's not a court order, then. TR-215 is a "Mandatory" form (Cal. R. Ct. Appendix A), and mandatory forms cannot be ignored -- which would include the judicial officer's signature (Cal R. Ct. 1.31).
But, to make sure that this isn't just a case of the signature not passing through a multipart form, you may want to contact the court clerk, either in person, by mail and have them send you a "certified" copy of the order.
Then, you could appear at the trial De Novo, and orally request a trial by declaration, on grounds that the first trial never produced any final decision, because the decision is unsigned, therefore you are still entitled to the trial by declaration.
Note: there is no criminal code section requiring that a judge sign a final judgment. However, it would be absurd to suggest that an unsigned order is valid and enforceable, because there is no way to determine from the face of the order whether or not it actually represents a judgment of any court.
So, I think this argument has merit to get you a second trial by declaration. But, I doubt that it will get your case dismissed, because you would be at the trial de novo, and the judge could simply say, "Let's have the hearing now," and you would have to object, that this does not represent "due process" under California law.
Who knows what the judge might say at that point -- one thing's for sure -- you're going to find out.
Hope this helps.
Thank you for your reply.I was earching and comprehending the code you mentioned. I didn't find the specific regulation I need. Maybe I didn't make myself well understood. I am still not clear: 1st. Is the Judicial Officer on the Form meant the Judge? 2nd. Is is ok the Notice dosn't contain the judge's name, not signiture? 3rd. If the officer makes a perjury and I hire a lawyer to get testimonial from another officer who was on scene, does the lawyer have to talk to the officer in person or just mail a letter to him asking for a written testimonial. And how much would that cost, just roughly estimate it because I want to know whether I can afford hiring an attorney who works closer to the CHP dispatch center to get the testimonial.
Thank you for your time.
1st. Is the Judicial Officer on the Form meant the Judge?
2nd. Is is ok the Notice dosn't contain the judge's name, not signiture?/
A: The document must be signed, or stamped by a clerk authorized to use the judge's stamp.
3rd. If the officer makes a perjury and I hire a lawyer to get testimonial from another officer who was on scene, does the lawyer have to talk to the officer in person or just mail a letter to him asking for a written testimonial.
A: If you need Testimony from a second officer, then you would have to Subpoena that officer's testimony. There is actually no legal process to accomplish this as part of a trial by written declaration. And, since criminal trials do not allow depositions or written interrogatories, the only way to get the second officer's testimony would be to simply request the officer to make out a declaration that you could submit, or, wait for the trial de novo, and subpoena the officer to testify at the hearing.
Q: And how much would that cost, just roughly estimate it because I want to know whether I can afford hiring an attorney who works closer to the CHP dispatch center to get the testimonial.
A: This question is irrelevant, because you can't get the testimony this way. See my prior answer.
Thank you very much, Socrateaser. Your information is very helpful.
You're welcome and good luck!
Further to our talk, the court mailed me one more copy which still doesn't contain printed Judicial Officer name but added an unidentifiable signature. When I third time asking for an order with THE JUDGE'S NAME a printed one, a copy of plaintiff's written declaration and extension of deadline applying a New Trial, the court mailed me a check refund some of the penalty and a traffic school list. According to your advice, the order is still unlawful and unenforceable. I'd like to know 1st. which specific clause of California rule of court apply. I checked the one you told me (Cal R. Ct. 1.31). but it doesn't state a court order must bear judicial officer's name. 2nd. Is it legal the court enter an order without letting the defendant get access to plaintiff's written declaration or plaintiff simply didn't submit one but win the case? What is the specific law clause regulating in this regards. 3rd. in this case, I should write a complaint to the presiding judge or file an appeal. The court didn't mail me any info along with the "order notice".
If the new order bears a signature of a judicial officer, then it's legal, whether or not you can identify the officer by the signature. The clerk can tell you who signed the order.
Re obtaining a copy of the peace officer's declaration ( officer is not the plaintiff -- People of the State of California is plaintiff -- officer is witness), that document may be in the court file. If it's not, then request it. If the clerk refuses (probably because this is the first tmie anyone has ever asked for a copy, then frankly, since there's no process to obtain the declaration, you would probably have to make a public records act request to produce the document and then potentially sue the Superior Court. Very messy, but you're in the cracks of a not-very-well thought out legal process.
In the trial de novo, the court cannot consider the declarations as evidence, so no one usually asks for them. However, I could see that the officer's declaration could be useful to understand the state's case and thereby contradict it. But, there is no formal process to obtain the declaration.
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