What happens if there is no official record of court proceedings? 5 Answers as of January 30, 2014

In July of 2011 there was an ex parte motion brought by an attorney for Wells Fargo and Bank of America in California civil court requesting that a receiver be able to surrender equines. This motion was heard on shortened notice and the attorney for the banks has stated that he forgot to order for this hearing. We are involved in civil litigation and our case centers around the decisions made at this hearing. There are discrepancies between the Judge’s Order and the Minute Order, and there is no official transcript from this hearing therefore no way to know for sure what the judge’s intentions were. What happens if there is no official record of the court proceedings? Are there any penalties for failing to hire a court reporter?

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Steven Alpers | Steven Alpers
There are no penalties for failure to hire a court reporter except for the confusion which occurs in a case like this. It is up to the parties to hire a court reporter. In most counties there should have been a tentative ruling issued. You may be able to get a hold of that tentative ruling. If you have a lawyer talk to him or her.
Answer Applies to: California
Replied: 1/30/2014
Janke Legal Consulting | Bruce C. Janke
Without a reporter's transcript, it will be difficult to successfully argue that the formal order does not conform to what the judge said at the hearing, unless the judge made notes in the case file or remembers what happened. The only other argument is that the formal order does not agree with the minute order. On that basis, you could file a motion to correct or amend the formal order based on Code of Civil Procedure section 473, subdivision (d), as well as on the court's common law jurisdiction to correct erroneous orders. Note carefully that that although subdivision (d) of section 473 does not provide a time limit for filing such a motion, it nonetheless must be filed within a "reasonable time." If you are not already represented by an attorney, you need to speak to one immediately.
Answer Applies to: California
Replied: 1/30/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
You will have to look into minutes. No court reporter is given by the court unless you arrange for one in any proceedings.
Answer Applies to: California
Replied: 1/30/2014
Universal Law Group, Inc. | Francis John Cowhig
There are no penalties for not hiring a court reporter, as you or your attorney could have ordered a separate reporter for the hearing. Without knowing all the details or what the discrepancies are, it is impossible to answer the rest of your question.
Answer Applies to: California
Replied: 1/30/2014
Strowbridge Blaisdel Richardson | Strowbridge Richardson
No I don't think there is any penalty for NOT having a Court Reporter, but this a very good example of why one should have been ordered. CHECK THE Code of Civil Procedure. Sounds like you may just have to have it heard all over again. Who was responsible for drafting the Order After Hearing?
Answer Applies to: California
Replied: 1/30/2014
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