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The Professor Nedley Series

 Statements of Decision

Professor Nedley’s Checklist

March 1, 2005

        This is simply intended to be a checklist of the necessary elements of a SOD within the required time limits.  With any luck you will look good to the Appellate Court's screening attorney and therefore survive the "first cut".

Requesting a Statement of Decision

  1. Was there a request made?  Yes____No____
    1. If NO request was made, prepare a good judgment, in writing or on the record, issue your orders or judgment and tell why you are making them.  This is just a good appellate workup and probably the best way to avoid an appeal.  If you want to see a good, on the record, recitation of a judgment, drop in and watch Alan Clements do it.
    2. If YES, a request was made, was it timely made?

                                                              i.      Short Trial:  Defined as less than one day or less than eight hours, if spread over more than one day.  The request must be made before the case is submitted for decision.  It is probably a good idea following argument to ask, “Is the matter submitted?”

                                                            ii.      Long Trial:  The request must be made within 10 days of pronouncement of judgment in open court or after the certificate of mailing by the clerk.

Classification of the Type of Hearing

  1. Was it a motion or a trial?
    1. If it was a trial and the request for Statement of Decision was timely made, then skip to “Preparation”.
    2. If it was a Motion or an OSC did it fall into one of these categories?

                                                              i.      Special circumstance – This would be like a “moveaway” or a major and substantiated request for a change of custody or possibly a termination of spousal support after a lengthy marriage – it’s your call.

                                                            ii.      Xxxx

                                                          iii.      Xxxx

    1. Is it xxxx? Was it an important issue in this couple's litigation?

Preparation of a Statement of Decision and Proposed Judgment (CRC §§ 232, 520)

  1. Date that Request for Statement of Decision was made__________________.  It       was either made on the T.D. or within 10 days of the Judgment (plus 5 days if mailed).
    1. Proposals for content (or a proposed Statement of Decision, if a lawyer was designated to prepare it) must be made by_________________; (10 days after the Request for SOD is made).
    2. SOD and Proposed Judgment must be prepared within 15 days of the Content deadline, __________________.
    3. Which lawyer was designated to prepare the SOD? _________________.
  2. Mail Final Statement of Decision and Judgment to all parties_______________.
  3. If the Statement of Decision not prepared by the designated lawyer and the other fails to or elects not to step in and prepare it, then the SOD is waived and the Tentative or Proposed Judgment shall constitute the Court’s Judgment. 
  4. It shall be mailed to the parties within 10 days of the last deadline. (See 3.b. Content deadline)

Objections (CRC §§ 232 (D)-(E))

  1. Petitioner/Respondent _____________was served with a proposed SOD and Judgment on _________________________.  He/She may file objections until _________________ (15 days after service of the Proposed SOD).

OR

Petitioner/Respondent_____________ was served with a proposed Judgment on _____________ he/she may file objections within 10 days or ___________.

  1. Do you need a hearing to resolve conflicts? Yes_____No_____ If so, on what date_______________?

Signing and Filing (CRC §§ 232 (e)-(f)), 520)

  1. Was a hearing held on objections?  Yes____No____
    1. If yes, the judge (you) must sign and file the Judgment within 10 days of the hearing.
    2. If no, the Judge must sign and file the Judgment by _______________     (10 days after the deadline for objections to be filed.  See 6, 7, or 8 above). _________________.

Entry of Judgment (CCP §§ 668, 668.5)

  1. The Entry of Judgment is the ministerial act of entering the judgment in the judgment book by the clerk of the Court.  This is the act that provides the record evidence of the existence of a judgment.  In a non-jury, family law trial, the Clerk must enter the Judgment in conformation with the Judges decision immediatel7y on the filing of the decision. (CCP § 664)
  2. In simple family law terms the judgment is entered when the clerk file-stamps the judgment, signed by the judge and sticks it in the file.
  3. It is not effective until its entry by file stamping.  (Somehow an image from my old rugby days comes to mind in that, as opposed to American football, the ball actually had to be touched to the ground in the end zone or it didn’t count, I can see the losing party fighting to keep the clerk’s stamp from hitting the books).
  4. The judgment can be modified or vacated right up until the actual entry.

Notice of Entry of Judgment

14.  In civil litigation the attorney mails the judgment and is responsible for mailing the notice of entry of judgment and thereafter filing the Notice with the Court.

    1. In family law matters it is the clerk’s responsibility to mail the Notice of Entry of Judgment.
    2. The mailing started the running of the time periods for;

                                                              i.      New trial motions (CCP § 659).

                                                            ii.      Reconsideration motions (CCP § 1008) 10 Days

                                                          iii.      Notice of Appeal (CRC § 2(a)) 60 Days

 

Once you have reached this point on the checklist, you have reached the exalted status of a Completed Judgment.  Now you get to wait and see what the Appellate Court says about “The Learned Judge below”.