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Audio recording in court

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Centaurs

Junior Member
What is the name of your state (only U.S. law)? Calif.


Can my EX have their friend audio tape record the court proceedings without permission?
 


Isis1

Senior Member
i could be wrong, but california has a professional transcriber (i forget the actual position title) in the courtrooms. if you need the transcripts, just buy them. they are a private contractor. and they are official. no worries about authenticity.
 

casa

Senior Member
i could be wrong, but california has a professional transcriber (i forget the actual position title) in the courtrooms. if you need the transcripts, just buy them. they are a private contractor. and they are official. no worries about authenticity.
Court Reporters.
 

CourtClerk

Senior Member
He/She will be checked for electric devices before entering.
Not in any of the courthouses I've ever worked at they won't.

However, I don't know that a tape recorder would be able to record the proceedings anyway. He'd be sitting too far away to hear anything clearly.
 

Karis

Member
WTF?

You're NOT telling me there are no metal detectors?!

Tape recorders are made with metal... They are contraband
Here in RI, you have to go through metal detectors, but all you have to do is place your stuff in bins and send it through the xray machine (and you walk through the detectors, of course). During the three years of court battles I drove my boyfriend to, I brought through my cell phone (which can record and take pictures) portable game systems, a CD player.. It doesn't seem like much of a stretch to bring a tape recorder.


-Karis
 

casa

Senior Member
Some areas (though unfortunately, not all areas) do screen & hold specific devices. In even the most lax. court rooms there are posted notices to turn off cellphiones. With the Law being somewhat behind technology (as per usual:rolleyes:)...it's not uniformly enforced...what is considered a 'device' and of what sort of device it is? et. al.

My 2c. Take or Toss.
 

>Charlotte<

Lurker
In much the same way he would have to rule on notorious cases that attract a lot of public attention, wouldn't the judge have to approve recordings of any kind in any courtroom? Or does that only apply in cases that attract the press?

I would think that the very nature of Family Court proceedings would prohibit recording. Especially when children are involved.

Also, is the "friend" his girlfriend? She may not be allowed in the courtroom at all. Here in Charlotte, "love court" is open only to the litigants, court officials, and those who are providing testimony. Is that the case in most areas?
 

Ohiogal

Queen Bee
Most likely he can get in serious trouble for recording with out permission of the court. And you can always ask that the "friend" be removed from the courtroom and inform the court that they are planning to record the proceedings.
 

CourtClerk

Senior Member
There are in fact metal detectors at all the courthouses, but what is allowed in is SOOO subjective it's ridiculous.

Case in point, Camera phones are techically not allowed in the courthouses, nor are cameras themselves. Cameras are likely to get confiscated, while NO ONE will look at your phone to see if there was a camera on it. As stated, you drop your stuff in the bin and keep moving.

A large radio is likely to raise some suspicion, a pocket recorder, likely to get through. More and more, judges are beginning to close off their courtrooms to non-essential parties to specific actions, when there is an adequate holding area (hallway) to hold everyone, however, there is no specific rule (in my county) saying that people have to wait outside during family law hearings. It's at the judge's discretion.

My judge, for instance only closes the courtroom on Fridays when we do long cause trials (typically because of what is discussed). Children never speak in open court (they use chambers), and even still, children themselves are not even allowed in my courtroom for ANYTHING. My own child was almost kicked out of the courtroom once (until the judge figured out it was my child).

The problem that I would see (other than the judge not being too happy about it and it being otherwise inadmissable) are the logistics. There would be no way to get a good recording from the number of feet back the audience sits from where the parties testify. It would serve no purpose anyway. If anything were to be disputed, the little recording isn't worth anything, you'd end up needing the transcripts from the hearing, but using one is almost like taking notes I suppose.
 

justalayman

Senior Member
well, how about the 2008 California Rules of Court for an answer.http://www.courtinfo.ca.gov/rules/index.cfm?title=one&linkid=rule1_150

(c) Photographing, recording, and broadcasting prohibited

Except as provided in this rule, court proceedings may not be photographed, recorded, or broadcast. This rule does not prohibit courts from photographing or videotaping sessions for judicial education or publications and is not intended to apply to closed-circuit television broadcasts solely within the courthouse or between court facilities if the broadcasts are controlled by the court and court personnel.

(Subd (c) amended effective January 1, 2006; adopted effective January 1, 1997.)
(d) Personal recording devices

The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device must obtain advance permission from the judge. The recordings must not be used for any purpose other than as personal notes.

(Subd (d) amended effective January 1, 2007; adopted as subd (c) effective July 1, 1984; previously amended and relettered as subd (d) effective January 1, 1997; previously amended effective January 1, 2006.)
f) Sanctions

Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the court and may be the basis for an order terminating media coverage, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law.

(Subd (f) amended and relettered as subd (f) effective January 1, 1997; adopted as subd (e) effective July 1, 1984.)

Rule 1.150 amended and renumbered effective January 1, 2007; adopted as rule 980 effective July 1, 1984; previously amended effective January 1, 1997, and January 1, 2006.

Chapter 7 adopted effective January 1, 2008.
So, the answer is; no but you can request permission to record and if the judge allows it, then you can record with permission.
 

CourtClerk

Senior Member
well, how about the 2008 California Rules of Court for an answer.
Can I tell you how many of the CRC's go out the window for one reason or another? No, they aren't allowed, however, no one is sitting at the door of the courtroom staring at what everyone has in their possession.
 

justalayman

Senior Member
Can I tell you how many of the CRC's go out the window for one reason or another? No, they aren't allowed, however, no one is sitting at the door of the courtroom staring at what everyone has in their possession.
Not arguing but since there is a rule in place, that rule can be imposed and as such, if OP records the hearing, OP could be subject to the penalties.
OP's gamble.

and to getting one in the courtroom; true, if the guys with the metal detectors do not confiscate the device at the court building entrance and it is not noticed in the courtroom, there is little preventing OP from recording.

Obviously trying to use it for any reason other than "personal notes" would tend to out OP as to recording without permission and the recording would not be usable in any action, all in all, it isn;t worth the hassle to try.

If OP wants to record and has a reasonable justification, OP should simply request permission. Then all is well and good but OP still cannot use the recording in any real fashion so why bother.
 

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