Los Angeles, CA asked in Civil Litigation, Probate and Landlord - Tenant for California

Q: The record when referring to litigation is everything that happened before judgement was entered or post trial too?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:

1. Pleadings (e.g., complaints, answers, cross-complaints)

2. Motions and oppositions

3. Court orders

4. Transcripts of hearings and trials

5. Exhibits and evidence presented during the proceedings

However, the record may also include certain post-judgment documents and proceedings, such as:

1. Notice of appeal

2. Appellate briefs and related documents

3. Post-judgment motions (e.g., motion for a new trial, motion to vacate judgment)

4. Orders related to post-judgment proceedings

It's important to note that the specific contents of the record can vary depending on the type of case, the court, and the stage of the proceedings. In the context of an appeal, the record is generally limited to the documents and evidence that were presented to the trial court before the judgment was entered, unless the appellate court grants permission to include additional materials.

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