If documents are listed as Missing from the Clerk's Transcript (i.e. a Certificate is included in Clerk's Transcript that clerk was unable to locate said documents in the file), but you have a conformed copy of the documents, and you file a Motion to Augment the Clerk's Transcript, will the Appellate Court/Division usually grant the Motion to Augment as to the missing documents. Why or why not? Citations would be helpful. This is regarding a limited civil appeal being heard by the Appellate Division.
It seems that generally speaking, under CRC 8.841(a), Motions to Augment are always granted in the interest of justice so as to ensure an accurate record on appeal.
Lawsuit / Dispute Attorney
1 lawyer agrees
Criminal Defense Attorney
Mr. Brinkmeier is correct as to the nature of the forum and what you should do. Additionally, there is not enough information to begin to address the situation; and you question, without a number of specific facts, request us to speculate on a court's decision. No one responding here is that foolish.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.