California Workers’ Comp. question; Minutes of Hearing

Asked 5 months ago - Anaheim, CA

California Workers’ Comp. question; Minutes of Hearing

I just received my copy of the Minutes of Hearing from my Trial; the Trial Brief I submitted at Trial is not listed in the exhibits. Neither the Trial Brief nor its contents are mentioned any place in the document. It is imperative that my Trial Brief be a part of the record, and addressed by The Court in the F&A. What can I do? Do I object to the Minutes of Hearing? Do I request an amendment? What can I do?

Additional information

My trial brief contains; “Points and Authorities”; requested by the WCJ at the MSC; would this apply; §10566. Minutes of Hearing and Summary of Evidence “(f) A fair statement of any offers of proof.” ? The MOH does not mention or address any of the ; “Points and Authorities”.

Attorney answers (5)

  1. Charles Robert Cleveland Jr.

    Contributor Level 10

    9

    Lawyers agree

    1

    Answered . The minutes of hearing is a summary of the stipulations, issues, and evidence introduced at trial. Trial briefs are not evidence and would therefore not be listed in the minutes of hearing. If you have a stamped conformed copy, that means the judge has it. Any comment on your trial brief will be made in the findings and award that will subsequently be issued by the trial judge.

  2. Marjory Harris

    Pro

    Contributor Level 14

    8

    Lawyers agree

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    Answered . Mr. Cleveland is correct. Rule 10566 (http://www.dir.ca.gov/t8/10566.html) applies. It involves evidence, not argument. A trial brief is argument.

  3. Brett A. Borah

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . I agree with Mr. Cleveland and Ms. Harris. Trial brief is argument not evidence. It should not be listed in the MOH.

  4. Keith Philip More

    Pro

    Contributor Level 9

    5

    Lawyers agree

    1

    Answered . trial briefs are not evidence they are used as guidelines by the judges - you will not see it listed - no amendment is necessary - the judge will most likely read it - but remember it is a Brief and is suppose to be brief - the longer it is the less likely the judge will read it

    we will not take any action on this case until we have a signed retainer agreement
  5. Reed Robert Heustis Jr

    Contributor Level 8

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The Minutes of Hearing usually incorporates a list of the evidential exhibits. A Trial Brief is not evidence, so it is not usually required in the Minutes. In fact, many times a Trial Brief is submitted after the Trial in a separate filing. Nevertheless, filing an Objection to the Minutes of Hearing cannot hurt your case. If anything, it will bring the judge's attention to the existence of the Trial Brief in the event that he/she overlooked it. I would recommend that you ask your attorney about the procedure to make such a filing; otherwise, if you're representing yourself in pro per, then I would recommend that you discuss this issue with the Information & Assistance Officer at your local Workers' Compensation Appeals Board.

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