Legal Question in Family Law in California
I already had two hour session of trial in October, 2010. The judge is transferred to another court and he is not taking my case with him. The new judge will take over almost all the cases that former judge handled. At the next session of the trial, I want to ask the new judge to start the trial from what the former judge left off. There is indication that the opposite side's lawyer wants to vacate what happened in the trial session with the old judge, and then start new trial from the scratch claiming that it is mistrial because the former judge started the trial but not finished it. Is there someway to convince the new judge to preserve what happened in the last trial session, pick up from what was left off at the last session, and not to start the trial all over from the scrtatch? Thank you very much for your answer. I am also lookig for an attorney well versed in property division issues including discretionary factors the judge considers for awarding Epstein credits and Watts charges
1 Answer from Attorneys
Because it is a bench trial in Family Court, you are going to have to start over. The new judge cannot go by a cold record of what has happened already. It's the same as if a jury was dismissed in a jury trial. You can't impanel a new jury and then read then the transcripts and start where you left off. You have to have a mistrial and start over.
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