Is a clerk's transcript of a judge's memorandum opinion a substitute for the evidentiary record?
California, United States of America
The following excerpt is from Esate of Bernard, In re, 206 Cal.App.2d 375, 23 Cal.Rptr. 828 (Cal. App. 1962):
In Redsted v. Weiss, 73 Cal.App.2d 889, 891-892, 167 P.2d 735, 736, it is pointed out that the new rule permitting the inclusion in the clerk's transcript of the judge's memorandum opinion (rule 5(a), Rules on Appeal) does not authorize its use as a substitute for the evidentiary record:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a reporter's transcript and clerk's transcript are in conflict, can the clerk obtain a motion to compel the reporter to amend the transcript? (California, United States of America)
What is the test for deference to a court clerk's transcript when the court clerk and the court reporter have different transcripts? (California, United States of America)
When a clerk's transcript conflicts with a reporter's transcript, does the court have to harmonize the two records? (California, United States of America)
Can counsel for appellant substitute a statement of facts in the trial court's memorandum for the missing evidentiary record? (California, United States of America)
What are some cases where a judge has ruled on a matter that is not in the record but outside the record? (California, United States of America)
When a trial judge views the premises and a record of what he saw has not been made part of the transcript on appeal, is that view sufficient to sustain the finding? (California, United States of America)
Can an opinion be substituted for or modified by the trial judge? (California, United States of America)
Does the clerk's transcript or reporter's transcript control when the two are in conflict? (California, United States of America)
Can an appellate court substitute the judgment of the trial judge for that of the appellate judge? (California, United States of America)
Can a judge's memorandum of opinion and a probation officer's custody report be appealed from the judgment roll? (California, United States of America)
