Legal Question in Business Law in California

Re: Poor man's court reporter

No. Only certified court reporters are allowed to record. You could try and request the court to waive the fees if you are indigent.

Re: Poor man's court reporter

No. In fact, most courthouses won't allow visitors to bring tape recorders in with them.

In order to cite what was said in court in a subsequent motion or an appeal you will need an official transcript, and official transcripts can only be prepared by court reporters.

There is a pilot project in some courts which is testing the use of recording equipment in the courtroom instead of live reporters. The equipment and the recordings belong to the court, though, and anyone who wants part of a recording transcribed still has to have a court reporter do the work.

Re: Poor man's court reporter

Even where the court uses some other form of recording, you will be required to pay a fee for a copy of the transcript, unless the court waives the fee because you are indigent.

For instance, in the U.S. Bankruptcy Court, Central District of California (in Los Angeles), the court records hearings via tape recorder. To obtain a copy of the transcript, you need to know the date and time of the hearing, the case name and number, and pay a fee to obtain copies of the tapes.

Re: Poor man's court reporter

I think, but I'm not certain, that the preceding answers are at least partially incorrect. I think the court cannot waive the reporter's transcript fee.

The court can waive fees that are imposed by law on litigants, such as filing fees, when a party demonstrates indigence. However, the court reporter's fee for furnishing copies of transcripts goes to the reporter, who is a private person. See Roberts v. Superior Court (1968) 264 Cal.App.2d 235 at page 239 (dictum).

There will be a reporter present during trial, making an official transcript. The judge should not allow any unofficial transcript to be made or used. One of the many reasons for this is that not everything uttered in court is admissible and a trained reporter knows what the judge is allowing on the record and what must either not be taken down in the first place, or must be expunged. If the judge needs reminding of something during the course of trial, the memory jog should come from the official transcript, or notes you have taken, but the reporter's transcript will prevail.

So, I think the bottom line is that if you need a transcript for appeal, you'll have to pay for it yourself or get access to the reporter transcript through the other side's attorney or from the court of appeal after it's lodged there. If your issue on appeal has broad significance, perhaps some pro bono attorney or group would assume part or all of the costs of your appeal.

Finally, tape recorders can be brought into court by prior arrangement for the purpose of presenting evidence, but not for the purpose of making an unofficial record of the proceedings.