Saturday, August 21, 2010

Can 'anyone' ask for a transcript of a case hard in a small claims court in which they have not been involved?

The matter will have been recorded, but the transcript is not a matter of public record unless approved by the Judge. The only persons who would be entitled to request an official transcript would be the parties, their Representatives or an 'interested party' who may be affected by the judgement.


Court transcripts are exclusively available through a company called Smith Bernal, that's your first port of call. [Note - they aren't cheap]Can 'anyone' ask for a transcript of a case hard in a small claims court in which they have not been involved?
It is unlikely that there will be any transcript of such a case. Transcripts are very expensive to prepare and are based on tape recordings or shorthand transcription of proceedings, something which doesn't happen in a small claims court. At most there will be notes on the court file and these are usually only made available where there is a very convincing reason for doing so. If you have no involvement in the case, then I can't see your application for notes of the proceedings being successful.





When people feel the need to know precisely what happens in a court case, they are free to attend and take their own notes.Can 'anyone' ask for a transcript of a case hard in a small claims court in which they have not been involved?
It depends. First, depending on the state and county, there may not be a transcript. There will have to be some form of record, but that may be as little as the clerk's notes, or a full-on transcript, or an audio recording. You'll need to contact the specific court to find out what is available.





Second, yes it is a matter of public record. This means that yes, anyone can request it. However it does not mean that it it's free. There will very likely be a charge associated with it. This may range from less than a dollar (simple photocopy of the minutes) to a few hundred dollars (for a transcript of a lengthy case).
No, anyone cannot just ask for a transcript of a case that they have no part of. It is not public record.
Aren't they all a matter of public record unless ordered sealed by the judge? Knock yourself out.

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