If when filing a premptory writ of mandate, I don't believe it's necessary to cite from the transcript from oral argument, is it necessary to still attach such transcript? Or would the moving papers be enough? do I get to choose what I attach to my writ?
It's not necessary but of course depends totally on what you are trying to show, and what part of the trial records shows it.
I assume you mean that you're planning to file a petition for writ of mandate in an appellate court, challenging something the trial court did. It IS necessary to attach that transcript. Your supporting documents must include, among other things: "A reporter's transcript of the oral proceedings that resulted in the ruling under review." (Cal. Rules of Court, rule 8.486(b).)
I am not licensed in CA but I've had a number of similar cases in FL where the courts have requested I attach the transcript anyway.....even if you're not citing to it, they still may want to see what the arguments were.
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