Family Law · Video Insight

3 Reasons You Should Hire a Court Reporter for Your California Family Court Hearing

San Diego County stopped providing court reporters. Without a transcript there is no record — and without a record there is no appeal.

What to expect

  • The Findings and Order After Hearing
  • An appeal needs a record
  • Formality, and who has to pay for it

The top three reasons why you need a court reporter in California family court.

Tim Miranda on why the Findings and Order After Hearing becomes a fight almost every time, why an appeal is impossible without a transcript, and what happens to a courtroom when nothing is being reported.

Video insight

This content is for general educational purposes only and is not legal advice. Court procedures, timelines and circumstances vary by case and jurisdiction.

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The top three reasons why you need a court reporter in California family court. The FOAH — the Findings and Order After Hearing. Oftentimes, almost all the time, that becomes a subject of dispute. Two family law attorneys were at the hearing, but they can't agree on what was ordered, or the findings. Or they'll add stuff in there that doesn't belong in there. So if you just have the minutes of the proceeding, they're usually very scant — they're just efficient documents that memorialize quickly what happened. If they weren't, then you wouldn't even need the FOAH. But you need a transcript to be able to go back and justify what you're saying should be included and excluded in the FOAH. An appeal. If you want to appeal your family law case, you need to have a transcript. If you don't have a transcript, it didn't happen. There's no record. You can try — and I've seen some people try to do a settled statement. Good luck with that. Very difficult. You need to have a record so that you can take it up on appeal, if that's what you want to do. And formality. What does that mean? That means that if you don't have a record, then people tend to be less formal, even in a court of law. So the court, the judge, might be less formal, because nothing is being reported. The attorneys might be less formal, because nothing is being reported. The point is that the record maintains integrity. You have a record of everything, and everybody has to act as if they're being recorded. Now, why is this even an issue? Well, it depends by county. But certainly in San Diego County, you don't get court reporters anymore, because they don't have the money in the budget. So you have to bring it. People don't want to bring the court reporter because it's expensive. But you need it — until technology catches up and they find a better way to do this that is approved by law, you need a court reporter.

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The top three reasons why you need a court reporter in California family court. The FOAH — the Findings and Order After Hearing. Oftentimes, almost all the tim...

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