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Audio Recording Released to Attorney

  • 18 May 2015 3:30 PM
    Message # 3347350

    We had a motion today where the attorney was asking the judge to order the court reporter in a district court to not destroy her audio.   The attorney said she wrote on a machine.  My judge asked me if she could do that. I told her I would find out.  I think NCRA has a rule that's it's not allowed unless there is a court order.  I'm going to double check on that as well because I heard this is our work product and it was not the record.  But here in Michigan, if it's a stenographic reporter, do we have to release our audio if we use it?  Never had this come up but I'm hearing it's happening a lot in the freelance world in other states.   

  • 19 May 2015 8:16 AM
    Reply # 3347943 on 3347350

    Michigan doesn't have a rule regarding that.  The steno notes are the record with a stenographic reporter, which belongs to the court.  I would suggest following the NCRA Advisory Opinion 38 which in part says: The Committee has determined that absent a court order to do so, the NCRA Code of Professional Ethics does not require that a reporter provide a copy of any backup audio media that the reporter uses to make the official transcript of a proceeding.  However, Provision No. 1 of the Code requires that if the reporter chooses to give a copy to a requesting party, the reporter must offer to do so for all parties to the proceeding.  Provision No. 4 also requires that the reporter maintain the original backup audio media and provide only a copy to any or all requesting parties unless ordered by the court to provide the original media.  In that case, the reporter must keep a copy.  Finally, the Committee cautions that releasing copies of the media may result in a violation of Provision No. 4 of the Code if the media contains inadvertent, off-the-record or privileged information that should not have been released or disclosed. 

    Last modified: 19 May 2015 8:21 AM | Melinda Dexter
  • 19 May 2015 11:17 AM
    Reply # 3348150 on 3347350

    I didn't think Michigan had a rule.  Thanks, Melinda.  I'll pass this info on to my judge.

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