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Local Criminal Rules of Court
CRIMINAL RULE 9 REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC
SOUND RECORDING FOR RECORD ON APPEAL, WRITS, OR OTHER HEARINGS FOR
MISDEMEANORS OR INFRACTIONS
(1) The courthouse supervisor or his/her designee shall retain
custody of the original sound recording, unless ordered to deliver it to the
reviewing court. Tapes shall be under the control of the Court Services
Manager.
(Eff. 1/01/08)
(2) The Court Services Manager or his/her designee shall make
the original sound recording available to the parties and counsel for
listening in courthouses during normal business hours within 72 hours
of submission of a request to the Court Services Manager.
(Eff. 1/01/08)
(3) At the time of filing of a Notice of Appeal, Notice of
Petition for Writ or Notice of Motion, or within ten (10) days of the filing
of such notice, counsel for the appellant, petitioner or moving party (or by
the party if unrepresented by counsel), shall advise the Court if there is a
request for a copy of the recording or its transcript. Such request shall be
made in writing to the clerk at the courthouse in which the
appeal/petition/notice is filed.
(Eff. 1/01/08)
(4) Courthouse staff shall inform the requesting party of the
current cost per recording and collect the fees at the time the request is
submitted.
(5) Within 48 hours of receipt of the request, the clerk of the courthouse shall forward the request to the
Court Services Manager or his/her
designee.
(Eff. 1/01/08)
(6) When a request is made for a copy of the recording of the
proceedings, the following shall apply:
(Eff. 1/01/08)
a. Within 10 days of receipt, the Court Services Manager or
his/her designee
shall prepare and label one copy of the original sound recording
for each requesting party. The copies shall be playable
at 1 7/8” per second.
(Eff. 1/01/08)
b. The Court Services Manager or his/her designee shall promptly
contact the appropriate parties to arrange for them to pick up their copy of
the recording.
(Eff. 1/01/08)
c. In all cases involving appeals, the applicable California Rules of Court
shall then apply regarding the settlement of a statement of proceedings.
d. In cases involving appeals, counsel for the moving party shall serve
opposing counsel or party, if unrepresented, with either a transcript or a
copy of the recording requested within 10 days of receipt of the copy
of the recording.
(Eff. 1/01/08)
(7) If the request is for a transcript of the proceedings,
the following shall apply:
a. The Court Services Manager shall refer the
requesting party to seek his/her own transcription services through a phone
book or through the internet.
(Eff. 1/01/08)
b. The requesting party shall notify the Court Services
Manager within
5 calendar days of his/her choice of transcription services and pay the
recording fee for each recording.
(Eff. 1/01/08)
c. The Court Services Manager shall promptly send a copy of the original
tape to the transcriber with the name and address of the requesting party.
(Eff. 1/01/08)
d. The transcriber shall notify the requesting party in writing of the
estimated costs for the transcript and all necessary copies (in the same
manner as a court reporter would and with the same time constraints as in
the appeal process).
e. In appeal proceedings, the California Rules of Court shall apply.
(Eff. 1/01/08)
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