Sumguy123

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About Sumguy123

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  1. If you type in "Statement of the Proceedings", or "The Record on Appeal", or something similar on Google for your state, might help find your states rule that provides info on your options for methods of making a record for the appellate court. California for example has Rule 8.836 for [limited cases], and Rule 8.134 for [unlimited cases]. Both on Cal. Courts, Judicial Branch online, 14 pages on pdf. Adobe Reader. A short read says that either a court reporter, an agreed or stipulated statement of the proceedings between the parties, and some of those courts have electronic recording of the proceedings available to litigants. If you want/need a recording for appeal, or to support your arguments at a future hearing, you can get one from the court and use it to have a court reporter transcribe it for you. Best to check way in advance of your hearing, to make sure they record your type of proceeding., ie; family, juvenile, divorce, probate, small claims, general civil, etc. Some states provide a recording for only the first four types, but general civil, they don't. Each state is different. So best to check way in advance what type of cases they do or don't record. As a backup, a motion can be filed in advance of a hearing requesting permission to record the proceedings on your personal recorder. To have that available option in case something goes wrong with the courts equipment, the bailiff/court room clerk/court technician forgot to turn it on, ran out of tape, or "its out of service", at the last minute before the hearing. Then your SOL for lack of a record on appeal, if needed. There doesn't appear to be any reason that I know of, why you couldn't use either your own recording, or the court's recording, to draft and submit your Statement of the Proceedings to opposing side. Similar to a transcript. Opposing side or thetrial judge can't argue/object to its own voice/speaking or the verbatim statement of the recording. So the recording keeps everyone on the record a little more cautious of what they say. Some judges, if they see that you don't have a court reporter present, will rule anyway they want, right or wrong. Same with atty.'s, if the see no reporter present, they will do and say whatever is neccessary to get an order signed. Of course there are the yellow pages for court reporters. And there's the clickable link above for digital court reporting. Which would provide valuable insight in this type of reporting. I believe the digital reporting can provide a instant transcript right there at the end of the hearing. And I believe it is cheaper than a regular transcript page. A court reporter page last time I checked was like $5.50-$6.00 for a double a spaced page. Whereas a digital page is like a buck a page cheaper, or maybe less. Check that link above for the price per page. If you can afford a court reporter and transcript, then you don't have to worry about the alternatives above. But if you plan on appealing, you have to have a record for the appellate court. Type "Record on Appeal" for your state in a search engine and see what the appellate court's findings are on appeals brought w/o a proper record on appeal, or a lack of a record on appeal. Most of these cases get affirmed. Lastly, you don't need a transcript of every hearing, just the one pertinent to your issues on appeal. Hope this helps.
  2. Try: "Effective use of objections in responding to interrogatories", on www.CAALA.ORG. Explanations of objections, Cal. case cites, etc. Or: "Relevant information need not be admissible at the trial if the discovery is reasonably calculated to lead to the discovery of admissible evidence." All discovery is subject to the limitations imposed by Fed. Rule Civ. P. 26[2][C].
  3. Is this a credit case? R. No Are you suing for FDCPA or anything? R. No What is the nature of your action here? R. See post #14 Did you read the most recent post or have a response? When you ask who the defendant is, is this in regard to a credit case question?
  4. Greetings: I see scattered in various parts of threads discussion relevant to court reporters, using tape recorders, etc. So I thought a specific thread dedicated to the court reporting, or tape recording the proceedings would be a good edge-ja-ma-ka-tional discussion. Basically we all need a court reporter at all hearings, presuming you can afford one, and the transcription fees...ouch! I know some will argue you don't need a reporter for certain hearings such as Summary Disposition [sD] or Summary Judgment [sJ]. But the choice is ultimately yours. A lot of pro se litigants and even attorneys for whatever reasons, don't bring a reporter to their hearings. The obvious problem here is if you get an adverse ruling and want to appeal. You have pretty much already shot yourself in one foot, so to speak. You file your notice of appeal, research, draft, pay the steep filing fees and file your brief.The other side either responds, or doesn't. If you haven't filed a transcript, your half dead in the water. You wait months for the decision, and you get the decision in the mail, you say your Hail Mary's and nervously open it up and BAM!...appeal dismissed! The decision states that w/o a record of the hearing, this court cannot determine what the testimony was, or how/why the court made its ruling, etc. So that is really discouraging after all the work and money you put into it. So that's what this thread is about. Most appellate courts won't even consider an appeal if it lacks a transcript of the proceedings being appealed. But will look for error on the face of the record that is apparent. So what are the alternatives? Most states offer some sort of alternative procedure for a appealing party to submit a statement of the proceedings or something similar in lieu of a transcript if not available for whatever reason. Taperecorders can be used with permission of course, but obviously your state rules need to be checked for proper procedure. Some states require pre-approval via motion before the hearing and notice to the other side. Some allow a verbal request to the judge at the hearing. I haven't been denied permission yet. So either bring a court reporter or if you can't afford one, then the tape recording with permission is the only option. At least with the recording you have a verbatim record of what was said at the hearing. This will allow you to use/make a alternative statement in lieu of the court reporter transcipt. That once approved by the lower trial court, can be submitted along with the rest of the record and briefs for appellate court review. Bottom line is, everyone needs to have some kind of a record for appellate review. So if anyone wants to share their experiences with this issue, have at it.
  5. R. What I meant by start another thread for the court reporter issue, is start a whole new thread, not within this thread. So as not to confuse this current thread with a whole different issue. Thanks.
  6. R. I agree in part and disagree in part, the reason for disagree is: see nervousones thread on SD, I just cited a case in hid thread, where the appellant's appealed a SD case, but had no court reporter. They moved to dispense w/the court reporter bit. The COA denied this argument and cited a lack of record on appeal precludes proper appellate review. This is true generally speaking, but not always. The part I agree with is as you say, SD is usually submitted on the paper evidence submitted to the court, so the need for a reporter is diminished, But still atty.'s are good at drawing inferences that may influence the court's decision. On that note it would be preferable to have reporter present in case of an adverse ruling. Or a tape recorder w/permission of course. R. I agree here, most states if not all, have some type of rule allowing a statement of the proceedings in lieu of a transcript. But depends on the states rule of same. In my state the rule doesn't allow for sanctions against a non-complying appellee. So it makes it tougher to get a court approved statement for the appellate court to consider on appeal. But it is doable with the right paperwork and being diligent enough to make sure the court does its job, signs the order and submits it, otherwise the court could care less. Judges don't want to be reversed, especially by a pro se litigant....ouch! Bad enough with a attorney...but a pro se...yikes!
  7. I was going to suggest a case cite, but forgot nervousone had his hearing today. But at any rate I don't know if he brought a court reporter or personal recorder to record the proceeding, or if you suggested he do that? But heres why one case why it is good/mandatory to have either or: Nye v. Gable, Nelson, & Murphy, 169 Mich. App. 411 [1988 425 N.W. 2d 797, and cited cases, which can be read on Google Scholar. BMC100 do you know the answers to post # 31? There are quite a few hand writing machines that can reproduce original signatures. Especially with robo type signers, see/hear a lot of this in foreclosure arguments.
  8. R. Rule 1.150[d] Personal recording. Yes on motion. Admin this is a double post, don't know what happened, tried deleting, but didn't work? You can delete if you want.
  9. R. Rule 1.150[d] Personal Recording Devices. Need to obtain advance permission from judge. The judge may permit inconspicous personal recording devices. So sounds like a simple motion requesting the judge to record. Copy to other party. I ask verbally at the start of a hearing if its okay. Not denied yet, but I'm in another state. You can use your recording to transcribe a verbatim transcript if needed, pursuant to whatever Cal. rule that allows you to do that. Use a real court reporters transcipt as a guide. I'm sure there are many transcripts on line to look at for reference as a template.
  10. Are there forms available on this forum? If not, type in Google "Georgia interrogatory request form". First hit: NorthwestRegisteredAgent.com has general sample forms for discovery requests, motion to compel, summary judgment, etc. Letter forms generally don't work very well. You need to have a Certificate of Service on the motions. You can't file a Motion To Compel until you properly serve the interrogatories w/a COS, and wait 30 days or whatever your state allows. So resend your discovery request in proper form. Add 5 days to the 30 for back & forth mailing, before you entertain a MTC. For a more professional form: Go to davidjreed.com for a sample First Interrogatories. its not dealing with credit issues, but gives you the format and some Georgia rules.
  11. Well good for you that you appealed and won and w/o a court reporter present. Generally, appellate courts will dismiss an appeal due to a lack of a transcript. This is also, a whole another thread. So many pro se litigants go to court w/o a court reporter or at least a tape recorder. Totally unaware after doing all their work, and paying $300-$400 for appellate filing fee costs and then the appellate court dismisses their appeals for lack of a proper record. Maybe you should start a thread on this issue, or maybe a "sticky" would be appropriate. Some atty.'s won't even take a case unless the client stipulates in the contract that the client will keep the account sufficient enough to bring a court reporter to all hearings. And if the client isn't willing to do that, the atty. declines taking the case.
  12. Thanks KentWa, I have read most of that Fla. report previously, good article for pro se's in general. I may have used some of that language in my prior papers. I don't think one needs to be an attorney to see the miscues done here. Thanks.
  13. R. As to the merits of the case...no. It's more convenient to dismiss with prejudice. Makes for less paperwork? R. Substitute one biased judge for another. R. Cool! Thanks for posting.