Skip to main content

California Workers’ Comp. question; Minutes of Hearing

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?

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”.

+ Read More

Attorney answers 5

Best Answer
Posted

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.

LegalShield members (www.securingfamilies.com) have access to legal help, no matter how traumatic or trivial the issue. This is not to be construed as legal advice or creating an atty-client privilege.

Posted

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.

Asker

Posted

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”.

Charles Robert Cleveland Jr.

Charles Robert Cleveland Jr.

Posted

Points and authorities are part of your trial brief. This is what supports your argument. It is not considered evidence. Your opposition can also file the trial brief and their Points and Authorities will likely differ from yours. Their position statement or trial brief will not be considered evidence either regardless of the points and authorities cited.

Asker

Posted

Thank you

Charles Robert Cleveland Jr.

Charles Robert Cleveland Jr.

Posted

You're welcome, best of luck to you

Posted

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.

Asker

Posted

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”.

Marjory Harris

Marjory Harris

Posted

An offer of proof (see http://legal-dictionary.thefreedictionary.com/offer+of+proof) may lead to evidence and if agreed to by other party obviates the need for actual evidence. It is not argument, which a trial brief is, but an offer of evidence.

Asker

Posted

Thank you

Posted

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

Asker

Posted

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”.

Brett A. Borah

Brett A. Borah

Posted

Points and Authorities are argument not evidence.

Posted

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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer