Requesting a Statement of Decision: How, When & Why

• Publication year: 2017
• Author: Stephen D. Hamilton

Requesting a Statement of Decision: How, When & Why

Stephen D. Hamilton

Stephen D. Hamilton has been an attorney for 22 years, with a practice devoted almost exclusively to family law for 20 of those years. He has been a Certified Specialist in Family Law since 2004. He is a member of ACFLS and serves on the ACFLS Outreach Committee. He is also the chairperson of the San Luis Obispo County Family Law Section, and is currently a member of the California Family Law Executive Committee and Assistant Editor of the Family Law News.

Introduction

The necessity of obtaining a statement of decision was impressed upon me early in my family law career. My client had been given an adverse ruling that was ripe for appellate consideration. I consulted with an appellate specialist, who emphasized the importance of obtaining a statement of decision. Given the strict procedural rules that apply to statements of decision, waiting until the conclusion of a trial or hearing to request one can be too late. I therefore concluded that addressing (and requesting) a statement of decision had to become part of my pre-trial routine and preparation.

Statutory Language

The purpose and use of a statement of decision is set forth in California Code of Civil Procedure, section 632. Section 632 provides that:

• A superior court conducting a trial of a question of fact is not required to issue "findings of facts or conclusions of law...";
• Upon request of a party, "the court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal controversies issues at trial.";
• "The request [for a statement of decision] must be made within ten days after the court announces a tentative decision unless the trial is concluded within one calendar day or in less than eight hours over more than one day in which event the request must be made prior to the submission of the matter for decision."
• A request for statement of decision "shall specify those controverted issues as to which the party" is requesting a statement.
• Once a statement of decision has been requested, "any party may make proposals as to the content of the statement of decision."
• The statement of decision must be in writing unless the parties agree otherwise, except in those cases where the trial was less than eight hours or concluded within one calendar day, in which case the statement of decision "may be made orally on the record in the presence of the parties."

Because this statute was first enacted in 1872, the case law interpreting it and addressing a statement of decision is expansive and beyond the scope of this article. Instead, this article will focus on the specific technical requirements identified in bold in the above summary of the statute, with the intention of providing a checklist and guidelines for family law practitioners.

What Constitutes a "Trial?"

Not all family law proceedings are "trials" for purposes of section 632. We are frequently before the court on pre- or post-trial motions or requests for orders that are governed by California Rules of Court, Rule 5.92. With certain statutory exceptions, a hearing on a motion or Request for Order is not a "trial" under section 632. As stated in In re Marriage of Baltins, 212 Cal.App.3d 66, 79-80 (1989), "(c)ases interpreting Code of Civil Procedure section 632 have uniformly held that a statement of decision is not required after a ruling on a motion." Thus, the First District affirmed the trial court's rejection of the husband's attempt to obtain a statement of decision following a post-judgment motion to set aside portions of a final judgment.

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In re Marriage of Fong, 193 Cal.App.4th 278, 294 (2011) stated that the references in section 632 to "trial" and the cases interpreting that section "suggest a statement of decision is required only in the event of a trial, as that term is commonly understood." "... [A] statement of decision ordinarily is not required in connection with a ruling on a motion [citations omitted], even if the motion involves an extensive evidentiary hearing."¹ The Second District in Fong held that husband was not entitled to a statement of decision following a motion for attorney's fees.

Non-Trial Proceedings in Which a Statement of Decision May Be Requested

There are statutory and judicial exceptions to the rule that a party may only request a statement of decision following a trial. Pursuant to Family Code section 2127, a statement of decision can be requested following a motion to set aside a judgment under Family Code section 2120 if the court has "resolved controverted factual evidence." Under Family Code section 3654, upon request by a party, "an order modifying, terminating, or setting aside a [child] support order shall include a statement of decision." Family Code section 4332 requires the court to "make specific factual findings with respect to the standard of living during the marriage..." and upon the request of either party, "factual determinations with respect to other circumstances." Family Code section 3022.3 requires the court to issue a...