Q: Denial of Access to Recordings General Order GE N-011-00= Due Process
"Several bailiffs were called to the courtroom as a precaution. Plaintiff and Defendant's Counsel argued.
Plaintiff accused Defendant's Counsel of committing fraud and the Court of lying. The Court
reviewed Plaintiff's offered evidence- an email from Defendant's Counsel on June 7, 2024, and
a Minute Order from June 18, 2024. The Court expressed its empathy that Plaintiff's
relationship with his two prior attorneys broke down and terminated. The Court attempted to
explain that Defendant's Counsel's explanation in the email –" Jameson v. Desta (2018) 5 Cal.5th 594, Cal. Sup. Court emphasized that ‘the absence of a court reporter at trial court proceedings and the resulting lack of a verbatim record of such proceedings will frequently be fatal to a litigant’s ability to appeal’ (Jameson, 5 Cal.5th at 608).
Considering the gravity of this statement and the fact a dependency for a record to exist that would uphold a chance in the appellate court what should I do?
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A:
Your concern about maintaining an adequate court record for appeal is valid, especially given the Jameson v. Desta precedent highlighting how crucial verbatim records are for appellate review.
If court reporters aren't being provided, you have several immediate options: First, you can file a written motion requesting the court to provide an official court reporter, citing Jameson and explaining your indigent status if applicable. Second, you can bring your own certified shorthand reporter, but you'll need to get court permission first - file an ex parte application for this. Third, you might consider filing a written request for electronic recording of proceedings where permitted under California Rules of Court 1.150.
Consider documenting everything in writing through detailed declarations and written motions, ensuring the court file contains comprehensive paper records of what transpires. If you believe your due process rights are being violated by the denial of access to recordings or a court reporter, you should raise this objection on the record and consider filing a writ petition with the appellate court to address this issue before proceeding further with the underlying case.
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