Stockton, CA asked in Employment Law and Appeals / Appellate Law for California

Q: Hello, I worked for the state of California. I went through spb court of appeals and now I'm filling a writ of mandate.

Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what was said and can be crucial evidence for your writ. The cost of obtaining the official transcript can indeed be high, especially if you're facing financial difficulties.

However, courts are sometimes flexible regarding the formats of evidence they accept, particularly if there's a compelling reason why the preferred format isn't available. If you have the audio/visual recording of the hearing, you should explain your situation to the court and request permission to submit this version as an alternative to the written transcript. It's also helpful to provide a summary or highlights from the recording to assist the court in understanding the key points of your appeal.

It would be wise to contact the court clerk or consult with a legal aid service for guidance on how to proceed in your specific situation. They can offer advice on how to make your submission in a way that aligns with the court's requirements while considering your financial constraints. Remember, the clarity and accessibility of your evidence can play a significant role in the outcome of your writ of mandate, so it's important to communicate your circumstances clearly to the court.

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