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.