I am filing a writ of mandate pro Se challenging a local housing authority for terminating my assistance and my informal hearing is where the writ comes in.
I have standing! I'm within my 90 SOL!
What I am wondering is how do I have the housing authority's administrative record ( which includes evidence which was part of the hearing etc) submitted to superior court? Do I request it in the summons I serve the housing authority? I do not have to have it before I submit the petition, correct?
I want to be certain that none of the documents I know to be a part of that file to suddenly be "missing". And I am asking to have the court fees waived. I read somewhere that filing "forma pauperis, would prevent me from having to pay the agency for copies of that record for the court. True?
The usual way is that the Petitioner orders a copy of the administrative record from the Certified Shorthand Reporter who took down the testimony at the hearing, along with copies of all of the exhibits. The record often takes many months to complete as in most cases it is not prepared unless there is an order for it and the reporter is working full-time at new hearings. Usually the court reporter is paid directly for the preparation of the transcript and certification of the record. Once the record has been completed and paid for, it is submitted to the court's Department of Writs and Receivers. The Petition for Writ cites to the admin record, and the Memorandum of Points and Authorities makes arguments based on the record, also with appropriate citations. So far as I know, the waiver of court fees does not constitute a waiver of the costs for preparing the record, but attorneys have little need to know and utilize in forma pauperis processes, so you will need to check on that.
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