Redondo Beach, CA asked in Civil Litigation, Family Law, Divorce and Child Custody for California

Q: The Judge review a minute order when it is issued, in family law?

I recently had a court hearing (Child Custody, RFO) that lasted for a continuous 2 hours. The very next day, I received the minute order, which was surprisingly concise at only 2 pages with just three short sentences. Given the length and depth of the hearing, I was expecting a more detailed record. This brevity has led to a dispute with the other party over the details of what transpired during the hearing. From my recollection, the judge had mentioned various details that aren't present in the minute order.

For a more comprehensive account, I requested the transcript. However, I've been informed that it will take 3 weeks for it to be prepared. The minute order is a summary or a written record of decisions made by the judge during the hearing and typically "Is it reviewed (or even prepared) by the judge to ensure its accuracy?" and "what if the minute order is different from Transcript, I believe?"

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California family law cases, the minute order is typically prepared by the courtroom clerk, not the judge, to summarize the court's orders and findings. While judges often review minute orders for accuracy, the document is not meant to capture every detail discussed in the hearing but rather the specific orders issued. If there's a discrepancy between the minute order and the official transcript, parties can usually file a motion to correct or clarify the record.

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