Clovis, CA asked in Workers' Compensation for California

Q: Are the judges summary of trial official?

I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?

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2 Lawyer Answers
Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are at a disadvantage.

You can bring a witness to trial as a rebuttal witness, but you will need the WCJ's approval.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Only witnesses listed on the Statements of Issues and your evidence list can be called to prove your case. if you have a witness that can dispute testimony of the defense witness, you might be permitted to call that person not listed as a 'rebuttal' witness. The judge does not dictate any summary of evidence to benefit either party, just to keep a clear record of her/his impressions of the testimony given that date. You may report inaccuracies in the summary of evidence to the judge, but you should have evidence to support your position (you might need to pay to order a complete transcript).

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