Does the Court need to request further briefing on an issue of inadequate record?
California, United States of America
The following excerpt is from Pinnock v. Gotti, D065575 (Cal. App. 2015):
5. Although the parties' briefs do not address the adequacy of the record, we may decide the issue without requesting further briefing. (People v. Neilson (2007) 154 Cal.App.4th 1529, 1532-1534 [providing an adequate record on appeal is "a procedural and substantive requirement on the part of any party . . . asserting a position on appeal" and thus Government Code section 68081 does not require briefing of an issue of inadequate record].)
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