Upland, CA asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California

Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the following documents on hand:

Case file: The judge must have access to the case file, which includes all documents, pleadings, motions, and evidence submitted by both parties.

Court rules: The judge should have a copy of the court rules and procedures for the jurisdiction in which the case is being heard, as well as any applicable state and federal laws.

Precedent cases: The judge should also have access to precedent cases, which are previous court decisions that may be relevant to the case at hand.

Subpoenas: If any subpoenas have been issued in the case, the judge should have copies on hand.

Transcripts: If any previous hearings or trials have taken place in the case, the judge should have transcripts of these proceedings.

Failure to have the necessary paperwork on hand can result in delays or even dismissal of the case. It is the responsibility of the judge or magistrate to ensure that all required documents are available during the hearing or trial.

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