CRIMINAL RULE 9: REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC SOUND RECORDING FOR RECORD ON APPEAL, WRITS, OR OTHER HEARINGS FOR MISDEMEANORS OR INFRACTIONS
(1) The courthouse supervisor or his/her designee shall retain custody of the original sound recording, unless ordered to deliver it to the reviewing court. Tapes shall be under the control of the Court Services Manager.
(2) The Court Services Manager or his/her designee shall make the original sound recording available to the parties and counsel for listening in courthouses during normal business hours within 72 hours of submission of a request to the Court Services Manager.
(3) At the time of filing of a Notice of Appeal, Notice of Petition for Writ or Notice of Motion, or within 10 days of the filing of such notice, counsel for the appellant, petitioner or moving party (or by the party if unrepresented by counsel), shall advise the Court if there is a request for a copy of the recording or its transcript. Such request shall be made in writing to the clerk at the courthouse in which the appeal/petition/notice is filed.
(4) Courthouse staff shall inform the requesting party of the current cost per recording and collect the fees at the time the request is submitted.
(5) Within 48 hours of receipt of the request, the clerk of the courthouse shall forward the request to the Court Services Manager or his/her designee.
(6) When a request is made for a copy of the recording of the proceedings, the following shall apply:
a. Within 10 days of receipt, the Court Services Manager or his/her designee shall prepare and label one copy of the original sound recording for each requesting party. The copies shall be playable at 1 7/8” per second.
b. The Court Services Manager or his/her designee shall promptly contact the appropriate parties to arrange for them to pick up their copy of the recording.
c. In all cases involving appeals, the applicable California Rules of Court shall then apply regarding the settlement of a statement of proceedings.
d. In cases involving appeals, counsel for the moving party shall serve opposing counsel or party, if unrepresented, with either a transcript or a copy of the recording requested within 10 days of receipt of the copy of the recording.
(7) When a request is made for a transcript of the proceedings upon filing of Notice of Appeal (Judicial Council form CR-142 ) the following shall apply:
a. Upon filing Notice of Appeal (Judicial Council form CR-142 ) the Traffic Appeals Clerk shall notify Court Services that appellant has selected paragraph 4(b) entitled "Transcript from Official Electronic Recording" in form CR-142.
b. Court Services shall determine length and cost of transcript from official recording.
c. Court Services shall notify appellant of the estimated costs for the transcript and all necessary copies (in the same manner as a court reporter would and with the same time constraints as in the appeal process).
d. After receipt of appellant's payment at the facility of their appeal, the Traffic Appeals Clerk will notify Court Services to prepare the transcript.
e. The Court Services Manager or his/her designee shall promptly send a copy of the original recording to the transcriptionist.
f. In appeal proceedings, the California Rules of Court shall apply.