Legal Question in Family Law in California
California Family Law issue: I am in a Prop Per litigant. The transcript from the last hearing might be used as evidence at an upcoming hearing next week. Opposing council has ordered the transcript, since there is a discrepancy of the Judge's last orders (at the last hearing). If opposing council has ordered the transcripts from the last hearing, and uses this is court, to be held next week, do I need to also get a copy of my own? Won't the Judge have a copy at the next hearing? Could opposing council re-write the last hearing's transcript? Will I be able to see the evidence, the transcript at the next hearing? Thank you.
2 Answers from Attorneys
The best approach would be to contact opposing counsel and agree to share the cost of the transcript so you can get your own copy.
I agree with Ms. Kock. The original transcript is sealed. So there would be no tampering unless someone wanted to go to Mission Impossible lengths to break into the court reporter's office, and change the original and all data files of it. You should, however, be prepared to address what was actually said. So you should have a copy ahead of time.
I would also add that there is almost never any good reason for a person to be pro per against an attorney on the other side in Family Court. The court has the power to allocate attorneys fees entirely based on relative financial condition. So if your ex-to-be can afford a lawyer, you should be able to afford one too - at the ex-to-be's expense if need be to make things fair. You really should talk to an attorney about whether they can take your case on affordable terms, including obtaining an order that the other party pay some or all of your fees.
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