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LA County courts are making it easier to request recordings of some hearings
Topline:
The Los Angeles County Superior Court will soon allow people involved in family law, probate and some civil cases to request audio recordings of hearings if no court reporter was present — and they couldn't afford to pay for a private one.
Why it matters: In the criminal courts, all juvenile and felony cases in California are required to have a court reporter. Cases involving misdemeanors and infractions can use electronic recordings. In civil, family law and probate cases, court reporters aren't mandated. Hiring a private court reporter can cost up to $3,300 per day, according to the Superior Court.
Appealing a court ruling is significantly harder without an official record of the hearing. In a 2018 ruling, California's Supreme Court recognized that not having a record of a hearing "will frequently be fatal" to the appeal.
The backstory: The new policy goes into effect Thursday. It comes in response to a California Supreme Court decision from August that the trial courts have a duty to provide litigants who can't pay for court reporters access to word-for-word recordings of proceedings in all civil cases.
The Superior Court in L.A. County, and others across the state, have pointed to an ongoing, years-long shortage of court reporters. They say that since the start of 2023, more than 830,000 hearings in civil court, family law and probate had no word-for-word record.
What court reporters think: The L.A. County Court Reporters Association disputes that there is a shortage, saying the data analysis the courts have relied on is flawed. The association called the state Supreme Court opinion a "devastating blow" to low-income litigants. It also said electronic recordings can be less accurate than what a certified court reporter would produce, which could "put justice at risk for thousands of Californians."
How to request a recording: Here's how to apply. Bear with us; it's not just click, fill out, and file:
- Fill out this form and attest under penalty of perjury that your hearing was not officially reported by a certified court reporter, and that you could not reasonably afford to hire a private one.
- File the request. You can file it electronically through a court-approved filing service provider, or in person at any Clerk's Office. The court will then verify that your hearing did not have an official reporter.
- Within two days of filing the form, visit the electronic recordings website to request the audio recording or a transcript. There is a fee of $40 to access audio recordings.