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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Hello again, my favorite expert! Tonight I am completing

Resolved Question:

Hello again, my favorite expert!

Tonight I am completing the APP-003 form. I am working on pg 3. pge 4. Notice Designating Clerks Transcript. I already have the form I want to designate but I am wondering if I should also include two others: 1) The FCS's Mediator's Report, which wasn't favorable to me but the recommendation was 50/50, and the judge ultimately gave me less than this. I dispute it in my motions, but I am wondering if you think I should include it regardless?
Submitted: 9 months ago.
Category: Legal
Expert:  socrateaser replied 9 months ago.
Good evening.

Pardon my lack of recall, but what is the issue on appeal?
Customer: replied 9 months ago.

Child Custody.

Customer: replied 9 months ago.

Please tell me if you need more info.


 


The other document I am wondering if I should include is my ex's (Petitioner's Trial Brief). It of course argues against my positioning but some of the points are pure speculation against actual rules of court CRC 5.210 (e)(6) stating that this rule does not apply to my case as there was no substantial allegation of abuse or neglect made in mediation that warranted referring the issue to CPS. Arguing that an ongoing investigation into an allegation against mother at the time of mediation should not warrant the suspension or delay of the mediation process.


 


Petitioners lawyer is speculating on what is a substantial allegation. The rules of court for the mediation process are very clear. The manager of the FCS Mediation even told me that the report should be excluded based on it not following the rules of court. I am wanting your opinion as to whether or not you think the Trial Brief (with what I feel are the ridiculous points it makes) should be included or not.

Expert:  socrateaser replied 9 months ago.
The FCS report is only relevant, if (1) it was actually admitted into evidence; and (2) if you believe it supports your claim that the judge's ruling was incorrect.

Same goes for the trial brief, except that it is extremely rare that a trial brief is admitted to evidence, so I would be surprised if it were admitted in your case. If it was admitted, then that could be a reason to include it, solely because it would be so unusual to do so, that it could have unfairly biased the judge's decision.

Hope this helps.
Customer: replied 9 months ago.

Ok got it. I will include the FCS report.


Im not sure if the trial brief was admitted into evidence. I believe so but I am not sure. Should I just designate it on the record anyway?

Expert:  socrateaser replied 9 months ago.
If you want it transmitted to the appellate court then you must designate it.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33376
Experience: Retired (mostly)
socrateaser and 3 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Thank you. You have been a tremendous help to me in these issues. I don't have the words to tell you what it has meant to me.

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