Legal Question in Appeals and Writs in California

Appeal Hearing - documents and witnesses discovery issue

I appealed a decision by a State agency, and had a hearing with an Administrative Law Judge. I could not find an attorney to represent me so I was my own attorney. I asked the state agency in writing for them to tell me what witnesses they planned to call and give me copies of their court documents and they sent me nothing. At the hearing they presented 3 witnesses and submitted a binder of documents to the court. I had no prior knowledge of them before that moment. Is that legal? What can I do about it now, if anything? At the hearing I was confused and stressed and it did not occur to me to tell the judge or complain. I have a chance to submit a written disagreement if the decision is not in my favor. Should I state this ''discovery'' issue in my statement? Or is it too late? Also, during the hearing an attorney made all the witnesses except HIS leave the room for the whole hearing. Is that legal? I did not understand how that can be fair. Thank you!


Asked on 11/08/06, 12:38 pm

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Appeal Hearing - documents and witnesses discovery issue

The State Agency's procedure guidelines for the hearing would be controlling here. However, you may have some very valid defenses to address in your "disagreement pleadings". You should DEFINITELY have an attorney assist you with this part, if you have not retained one already. For timely, affordable legal assistance in this matter, contact us today for a free phone consultation.

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Answered on 11/08/06, 1:55 pm
Steven Murray Steven W. Murray, APC

Re: Appeal Hearing - documents and witnesses discovery issue

There are rules of procedure for administrative hearings, and you did not know what they were. Nor do you know now, and you ought to retain counsel who knows administrative law. Call your local bar association, or your own attorney, to get someone who can give you some straight advice. There are time limits to doing this, so don't wait.

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Answered on 11/08/06, 2:24 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appeal Hearing - documents and witnesses discovery issue

Your question really belongs under administrative law rather than appeals and writs. The appeals and writs category is for questions about matters in the Court of Appeal, not for procedures called appeals that take place in other forums and are governed by other rules.

I suggest re-posting your question under administrative law and stating what state agency was involved, as not all agencies have identical rules.

Good luck.

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Answered on 11/08/06, 3:41 pm


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