SC Case Record Info

[Mellie2019]

What is the name of your state? Ca

Hi, I just wanted to point out that although small claims evidence is not usually kept after the hearing, there is a record of the hearing, at least in San Diego.

I was able to pay $10 and get a copy of the audio recording of the actual hearing. The minutes of the hearing have a "tape number" of the recording. Using the minutes, they pulled the tape number, made a copy and gave it to me.

Just thought I'd pass that along to anyone who may need the information.

 

[dcatz]

It's an excellent point. Thanks for bringing it up.

Unfortunately, it's not a uniform practice in CA, although it may be in San Diego. In a number of other counties, regularly sitting bench officers aren't recorded

What is a uniform practice is to tape all pro tems throughout the State. Pro tems do a lot of Small Claims work. At the very least, a CA litigant can check with the court to determine if it records all or has a more limited policy. And they can be certain that, if they stipulated to have the case heard by a pro tem, there will be a recording.

I also don't know about the uniformity of providing a copy for a fee but, if an appeal is pending, it wouldn't surprise me.

If San Diego does it all, it's an enlightened policy.

 

[Mellie2019]

Heard by a commissioner

Our case was heard by a Commissioner. Is that the same as a Pro Tem?

We are appealing and plan to use the audio tape as evidence in our appeal... which is on Friday.

 

[evs3939]

Thanks. I will try to see if they have something like that here in Solano County Small Claims Court - Fairfield, CA. That would be good if I can get a copy of the tape from my previous lawsuit to help me out with my upcoming hearing.

 

[dcatz]

(To you both)

Q. Our case was heard by a Commissioner. Is that the same as a Pro Tem?

A. No, a Commissioner is a regularly sitting bench officer, but rather than being elected or appointed as a judge would be, he/she is appointed by the other judges and commissioners of that court system. That would indicate that San Diego makes it a general policy to record Small Claims proceedings.
A pro tem is short for judge pro tempore. That's an attorney with at least 5 years of experience (but usually much more) who has been certified by the State to preside over particular kinds of cases - Small Claims, Traffic Trials and Arraignments, Unlawful Detainer cases, Civil Non-jury matters - and is rather like a substitute teacher, filling in at the judge's request, when the need arises.

To Millie2019, I would still check with the court in advance to make sure that the tape will be accepted and that there are facilties to use it - ie. if the tape can be used, will you still have to provide your own player/recorder.

To evs3939, I don't know about Solano. Again, I suggest that you check with the court.

All of the courts have their web sites with telepone numbers. Find that starting here:
http://www.courtinfo.ca.gov/courts/trial

 

[Mellie2019]

Hmmmm...

Well, I was advised by the small claims adviser and court clerk to get the tape to have audio evidence of a statement the defendant made in court and the Commisioner's response or directive about the statement.

This is in regards to the appeal of the granting of the motion to vacate I posted a while back. "D"-day is Friday.

I had planned on taking a recorder to play the tape - qued to the portion pertinent to the appeal. I guess I should ask if it is admissable? I have to admit, I presumed anything said under oath in court is admissable if it pertains to the subject at hand. Maybe I presume too much? I'll call in the morning!

The appeal is that due process was effected according to law and that the commisioner used the "philosophy of the court" to compromise the validity of the process of service.

The evidence is on the tape.

 

[dcatz]

Mellie - I wasn't suggesting that there was anything wrong with your plan. I was simply suggesting, to both of you, that you assure yourself that there will be no problems or surprises on the day of trial - particularly,if you're relying heavily on that tape.

If you described a uniform San Diego policy, I can assure you that it's not the policy in the other 4-5 major counties in the state. As forwardthinking as it sounds, since it's not uniform, problems do arise. I've seen liigants want to present both audio and visual tapes into evidence and, aside from questions of relevancy and admissiblity, which are important, there were logistical problems - no screen, no player

It was simply a suggestion to ensure that there are no unhappy surprises in store, and that should be quick and simple.

Beyond that, I wish you good fortune in the appeal.