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2014 California Rules of Court

Rule 2.952. Electronic recording as official record of proceedings

(a) Application

This rule applies when a court has ordered proceedings to be electronically recorded on a device of a type approved by the Judicial Council or conforming to specifications adopted by the Judicial Council.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1990.)

(b) Definitions

As used in this rule, the following definitions apply:

(1)"Reel" means an individual reel or cassette of magnetic recording tape or a comparable unit of the medium on which an electronic recording is made.

(2)"Monitor" means any person designated by the court to operate electronic recording equipment and to make appropriate notations to identify the proceedings recorded on each reel, including the date and time of the recording. The trial judge, a courtroom clerk, or a bailiff may be the monitor, but when recording is of sound only, a separate monitor without other substantial duties is recommended.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1990.)

(c) Reel numbers

Each reel must be distinctively marked with the date recorded, the department number of the court, if any, and, if possible, a serial number.

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1990.)

(d) Certificate of monitor

As soon as practicable after the close of each day's court proceedings, the monitor must execute a certificate for each reel recorded during the day, stating:

(1)That the person executing the certificate was designated by the court as monitor;

(2)The number or other identification assigned to the reel;

(3)The date of the proceedings recorded on that reel;

(4)The titles and numbers of actions and proceedings, or portions thereof, recorded on the reel, and the general nature of the proceedings; and

(5)That the recording equipment was functioning normally, and that all of the proceedings in open court between designated times of day were recorded, except for such matters as were expressly directed to be "off the record" or as otherwise specified.

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 1990.)

(e) Two or more monitors

If two or more persons acted as monitors during the recording of a single reel, each monitor must execute a certificate as to the portion of the reel that he or she monitored. The certificate of a person other than a judge, clerk, or deputy clerk of the court must be in the form of an affidavit or declaration under penalty of perjury.

(Subd (e) lettered effective January 1, 2007; adopted as part of subd (d) effective January 1, 1976.)

(f) Storage

The monitor's certificate, the recorded reel, and the monitor's notes must be retained and safely stored by the clerk in a manner that will permit their convenient retrieval and use.

(Subd (f) amended and relettered effective January 1, 2007; adopted as subd (e) effective January 1, 1976.)

(g) Transcripts

(1)Written transcripts of electronic recordings may be made by or under the direction of the clerk or a person designated by the court. The person making the transcript must execute a declaration under penalty of perjury that:

(A)Identifies the reel or reels transcribed, or the portions thereof, by reference to the numbers assigned thereto and, where only portions of a reel are transcribed, by reference to index numbers or other means of identifying the portion transcribed; and

(B)States that the transcript is a full, true, and correct transcript of the identified reel or reels or the designated portions thereof.

(2)The transcript must conform, as nearly as possible, to the requirements for a reporter's transcript as provided for in these rules.

(Subd (g) amended and relettered effective January 1, 2007; adopted as subd (f) effective January 1, 1976.)

(h) Use of transcripts

A transcript prepared and certified under (g), and accompanied by a certified copy of the monitor's certificate pertaining to each reel transcribed, is prima facie a true and complete record of the oral proceedings it purports to cover, and satisfies any requirement in the California Rules of Court or in any statute for a reporter's transcript of oral proceedings.

(Subd (h) amended and relettered effective January 1, 2007; adopted as subd (g) effective January 1, 1976.)

(i) Original reels

A reviewing court may order the transmittal to it of the original reels containing electronic recordings of proceedings being reviewed by it, or electronic copies of them.

(Subd (i) relettered effective January 1, 2007; adopted as subd (h) effective January 1, 1976; previously amended effective January 1, 1990.

(j) Record on appeal

(1)Stipulation and approval of record without transcription

On stipulation of the parties approved by the reviewing court, the original reels or electronic copies of them may be transmitted as the record of oral proceedings without being transcribed, in which case the reels or copies satisfy the requirements in the California Rules of Court or in any statute for a reporter's transcript.

(2)Request for preparation of transcript

In the absence of a stipulation and approval under (1), the appellant must, within 10 days after filing a notice of appeal in a civil case, serve and file with the clerk directions indicating the portions of the oral proceedings to be transcribed and must, at the same time, deposit with the clerk the approximate cost computed as specified in rule 8.130. Other steps necessary to complete preparation of the record on appeal must be taken following, as nearly as possible, the procedures in rules 8.120 and 8.130.

(3)Preparation of transcript

On receiving directions to have a transcript prepared, the clerk may have the material transcribed by a court employee, but should ordinarily send the reels in question to a professional recording service that has been certified by the federal court system or the Administrative Office of the Courts or verified by the clerk to be skilled in producing transcripts.

(Subd (j) amended and relettered effective January 1, 2007; adopted as subd (i) effective January 1, 1990; previously amended effective January 1, 1993.)

Rule 2.952 amended and renumbered effective January 1, 2007; adopted as rule 980.5 effective January 1, 1976; previously amended effective January 1, 1990, and January 1, 1993.

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