CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Appeal
.........Settled Statement
6 Cards On This Topic:

Motion for and use of a settled statement.

Abuse of discretion for trial ct. to deny party's request for a settled statement based on its own view of what the party needed to appeal, and where court found it difficult to reconstruct the proceedings.

Trial courts have a duty to settle a statement; procedure to follow when trial ct. denies timely request.

As a "condensed narrative of the oral proceedings," a settled statement does not guarantee the reviewing court has before it the factual and legal basis for the trial court's determination.

Failure of trial courts to provide court reporters raises grave issues of due process as well as equal protection in light of its disparate impact on litigants with limited financial means.

A motion for a settled statement should be granted as a matter of course unless there is a justifiable excuse for denying it; may not link to payment of attorney fees.