Trial: statement of decision.

Plain English Breakdown

The bill text does not provide specific details on penalties or consequences if parties do not follow the new rules.

Trial: Statement of Decision

This law changes the requirements for requesting and issuing statements of decision in trials at superior courts.

What This Bill Does

• Requires all requests for a statement of decision from the court to be made in writing before the trial ends, unless there is an official record being transcribed.
• Ensures that the statement of decision is given to everyone who was part of the trial.
• Allows courts to write statements of decision without needing someone to ask for them first.
• Gives judges the power to tell parties to prepare a draft of the statement of decision.
• Sets a new deadline for court clerks to enter judgments after decisions or final statements are made.

Who It Names or Affects

• People involved in trials at superior courts
• Judges and court staff

Terms To Know

Statement of decision

A written explanation by a judge about the facts and legal reasons for their decision in a trial.

Superior court

The main type of trial court where major cases are heard.

Limits and Unknowns

• Does not specify what happens if someone does not follow the new rules.
• Some parts of the law will only start working on January 1, 2027.
• It relies on the Judicial Council to create forms and rules for courts.

Official Summary Text

AB 515, Pacheco.
Trial: statement of decision.
In a trial by a superior court of a question of fact, existing law requires the court to issue a statement of decision explaining the factual and legal basis for its decision upon the request of any party appearing at the trial made either within 10 days after the court announces a tentative decision, or, for a trial concluded in one calendar day or in less than 8 hours over multiple days, before the matter is submitted for decision. Existing law requires the statement of decision to be in writing, unless the parties agree otherwise, except that for a trial concluded in one calendar day or in less than 8 hours over multiple days, the statement of decision may be made orally in the presence of the parties.
This bill would instead require a request for a statement of decision in all trials by court to be made in writing, or orally if there is an
official record of the proceeding being transcribed, before the matter is submitted for decision. The bill would require the statement of decision to be served on all parties who appeared at the trial. The bill would authorize a court to issue a written statement of decision without a request from a party, and would authorize the court to order a party or parties to prepare a draft statement of decision. The bill would permit a party to make objections to a statement of decision, as specified. The bill would require the Judicial Council to adopt or amend all rules of court necessary to implement these provisions, and to prepare a form that a party may use to request a statement of decision, as specified.
Existing law requires the
court clerk to enter the court’s judgment in a trial by the court immediately upon the filing of the court’s decision in the trial.
This bill would extend that deadline and instead require the clerk to enter judgment within 30 days after the filing of the court’s decision, or, if a statement of decision was requested, within 30 days after the statement of decision becomes final.
The bill’s provisions would become operative on January 1, 2027.

Current Bill Text

Download Bill PDF