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Joseph
Joseph, Lawyer
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CA - I have read that a Writ "CAN INCLUDE MATTERS NOT "ON THE

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CA - I have read that a Writ "CAN INCLUDE MATTERS NOT "ON THE RECORD." If so is it possible to present a DVD from a CAST interview that a judge was choosing not to look at?
Submitted: 8 months ago.
Category: Legal
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me what you're filing a writ from and what the DVD showing the cast interview would demonstrate?

Also, can you tell me what reason the judge gave for not looking at it originally? Hearsay?
Customer: replied 8 months ago.

The Trial Court stated that if she believed the kids testimony of abuse, caused by dad..... that she would never give dad placement of kids. She did place them with dad and stated she really didn't believe the kids stories.


 


DVD interviews are forensic in nature done at CAST in Orange County, CA and verify actual abusive events.

Expert:  Joseph replied 8 months ago.
Did the judge view and consider the DVD interviews then, or did she omit them from consideration for a particular reason, or just choose not to consider them at all with no reason given?
Expert:  Joseph replied 8 months ago.
Also, can you tell me if you are filing for a writ of supersedeas (temporary stay of judge's order pending appeal) or a different type of writ?
Customer: replied 8 months ago.

Extraordinary Juvenile Writ in the name of Mandate

Expert:  Joseph replied 8 months ago.
Yes, you can augment or correct the trial court record (including through the introduction of new evidence) by following the procedure set out below:

(e) Augmenting or correcting the record in the reviewing court

(1)Except as provided in (2) and (3), rule 8.410 governs any augmentation or correction of the record.

(2)The petitioner must serve and file any request for augmentation or correction within 5 days-or, if the record exceeds 300 pages, within 7 days; or, if the record exceeds 600 pages, within 10 days-after receiving the record. A respondent must serve and file any such request within 5 days after the petition is filed or an order to show cause has issued, whichever is later.

(3)A party must attach to its motion a copy, if available, of any document or transcript that the party wants added to the record. The pages of the attachment must be consecutively numbered, beginning with the number one. If the reviewing court grants the motion, it may augment the record with the copy.

(4)If the party cannot attach a copy of the matter to be added, the party must identify it as required under rules 8.122 and 8.130.

(5)An order augmenting or correcting the record may grant no more than 15 days for compliance. The clerk and the reporter must give the order the highest priority.

(6)The clerk must certify and send any supplemental transcripts as required by rule 8.450(h). If the augmentation or correction is ordered, the time to file any petition or response is extended by the number of additional days granted to augment or correct the record.



This comes from California Rules of Court
Rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

which is available here:

http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_452

You can also see Rule 8.410 Augmenting and correcting the record in the reviewing court here:

http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_410


So, in sum, yes you can submit evidence or materials that are not on the record, but to do so you must first file for a motion to augment the record as laid out above. You would need to obtain transcripts of the interviews in order to have them considered rather than attaching a DVD, as the court cannot consider a DVD without an accompanying transcript.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Category: Legal
Satisfied Customers: 4827
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Expert:  Joseph replied 8 months ago.
Hello,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, PLEASE remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 8 months ago.


Hi Joseph,


 


Good news, the Writ was submitted on Nov. 7th and the same day they issued and Order to Show Cause on the Trial Court.


 


There is an active Criminal proceeding concurrent with the Juvenile Court case where the Court issued a 136.2 Criminal Protection Order. This a is Contempt of Court per Domestic Violence.


 


My question is if we have a certified transcript of this Forensic DVD, what would be the proper procedure to pull it into the Criminal Court as evidence?

Customer: replied 8 months ago.

Hi Joseph,


 


Good news, the Writ was submitted on Nov. 7th and the same day they issued and Order to Show Cause on the Trial Court.


 


There is an active Criminal proceeding concurrent with the Juvenile Court case where the Court issued a 136.2 Criminal Protection Order. This is a Contempt of Court per Domestic Violence.


 


My question is if we have a certified transcript of this Forensic DVD, what would be the proper procedure to pull it into the Criminal Court as evidence?

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