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Electronic Transcripts - FAQs

  1. Where Can I Read The Statute, Amended Rule, and Misc. Order for Myself?
  2. What About the Clerk’s Transcripts?
  3. Why Does the Miscellaneous Order Deem the Defendant to Have Requested Paper Transcripts?
  4. Why Didn’t the Court Deem the Client to Have Requested Paper in Dependency and Delinquency Appeals?
  5. Can I Get Electronic Transcripts in an Adult Criminal Case?
  6. Can I Get Paper Transcripts in a Non-Criminal Case?
  7. Can I Get Both Paper and Electronic?
  8. If I Receive an Electronic Transcript and Need to Provide it to My Client, Will I be Reimbursed for the Printing?
  9. Can I Make a Request to FDAP That I Only be Offered Cases With a Particular Format of Transcripts?
  10. Is Technological Change Inevitable?
  11. I’m Comfortable with Paper, Is there Any Advantage to Electronic?
  12. O.k. I’m game. So How Will I Receive the Electronic Transcript?
  13. What About the Other Districts?
  14. I Have Questions You Haven’t Answered.
  15. Where Do I Send Complaints?

*Return to E-Transcripts Basics*



  1. Where Can I Read The Statute, Amended Rule, and Misc. Order for Myself?

    On the World Wide Web:
    * CCP, Section 271
    * Misc. Order 2017-01
    * Amended Rule 8.144

  2. What About Clerk’s Transcripts?

    The new statute and order do not apply to CTs. As far as we know, the superior courts will continue to provide the CTs in paper format in all appeals.

  3. Why Does the Miscellaneous Order Deem the Defendant to Have Requested Paper Transcripts?

    We cannot speak for the Court, but FDAP did recommend such an order because in many, if not most, felony appeals, the client wants and needs the transcript at the conclusion of the case and there would be a large expense taken on by the appellate Court Appointed Counsel Program for printing the transcripts for incarcerated clients who cannot receive electronic transcripts, not to mention the burden on counsel of arranging for that printing.

  4. Why Didn’t the Court Deem the Client to Have Requested Paper in Dependency and Delinquency Appeals?

    Again, we don’t speak for the Court, but we observe that a much smaller percentage of dependency and delinquency clients need the transcript at the end of the case.

  5. Can I Get Electronic Transcripts in an Adult Criminal Case?

    Yes. Under subdivision (b) of Misc. Order 2017-01, “At any time prior to the printing of the reporter's transcript as provided for in (a) or within 15 days after the notice of appeal is filed, whichever is later, defendant's counsel” you “may serve the superior court with a request that defendant's counsel's copy of the reporter's transcript be delivered in electronic form.”

  6. Can I Get Paper Transcripts in a Non-Criminal Case?

    Yes. Under subdivision (a)(1) of section 271, an exception to the electronic-format default applies when “the party or person entitled to the transcript requests the reporter’s transcript in paper form.” The statute does not provide a deadline for such requests. In addition, if the court reporter or the court does not have the proper technology, the transcripts may be delivered in paper format even without a request. (§ 271(a)(2), (3).)

  7. Can I Get Both Paper and Electronic?

    Possibly. The statute expressly provides that a party receiving a paper transcripts can request an unofficial electronic copy. (§ 271(b).) HOWEVER, there is reason to believe you will be charged for the second copy. An indigent party is only entitled to one free copy and court reporters might treat a paper copy and an electronic copy each as a separate copy. In addition, the new statute states that there is no intent to change the operation of the statutes governing fees for transcripts. (§ 271(c).) That charge, moreover, for a second copy of the transcript would not be reimbursable on your compensation claim.

  8. If I Receive an Electronic Transcript and Need to Provide it to My Client, Will I be Reimbursed for the Printing?

    Generally, reasonable and necessary costs are reimbursable. FDAP would take the view that providing the transcript to the client at the end of the case is necessary if the client wants it. (The client does not need a reason; the file belongs to the client.) Printing the electronic transcript for a client is necessary when the client does not have the means to receive it electronically, e.g. is homeless, in custody, does not have a computer, etc. So, if you received an electronic transcript, your client wants the transcript and if your client cannot use an electronic transcript, FDAP would view the printing of the transcript as reasonable and necessary. However, this is a new cost that the Court Appointed Counsel program did not have to bear in the past and we cannot make any promises regarding reimbursement for this new type of expense. When we have more information from the Appellate Court Services unit of the Judicial Council we will update the panel.

  9. Can I Make a Request to FDAP That I Only be Offered Cases With a Particular Format of Transcripts?

    We have 300 panel attorneys and 12 Counties and, due to limited funding, a shrinking support staff. In addition, it will not always be possible to predict what format a transcript will take due to the exception individual court reporters may invoke. So, unfortunately, we cannot take requests for transcripts in a certain format.

  10. Is Technological Change Inevitable?

    The FDAP Artificial Intelligence R & D Dept. is researching that very question.

  11. I’m Comfortable with Paper, Is there Any Advantage to Electronic?

    This is to some degree a matter of personal preference. The advantages of electronic transcripts are that they are text-searchable, internally-hyperlinked from the table of contents (including ability to click directly to a particular witness examination), easy to cut-and-paste from, more ergonomic for some users, much more portable, and easy to store and share (e.g. send to an investigator, the appellate project, etc.). Some users find it easier to review a transcript on the screen--- turning pages with a single click---rather than fightdual monitor setup imageing to keep a large bound paper volume open. The proper set up can reduce the frustration of this new experience and bring out the advantages of electronic documents. We recommend using a two-monitor set up with one monitor large enough (26”-27”) to display two full pages of transcripts; and one monitor to take notes in your word processor or for online research. With full pages displayed you can navigate by pressing the arrows rather than mouse-scrolling. We also recommend learning how to highlight and comment with your PDF reader.

  12. O.k. I’m game. So How Will I Receive the Electronic Transcript?

    It depends. As in the past, in all assisted cases and in independent cases in which you are appointed after the record is filed, FDAP will deliver the transcript to you. In an independent case in which you are appointed before the record is filed, the superior court will deliver the transcript to you. We do not know yet whether we will forward electronic transcripts by email, CD or by providing a link to download. The approach used will develop over time and may vary depending on the size of the record or the county providing it. Note: we all need to be prepared for some hiccups in this system as there will be some new quirks, such as cases in which the CT is delivered in paper format and the RT in electronic format.

  13. What About the Other Districts?

    The new statute applies statewide. But be sure to check with the other appellate projects regarding any local rules or orders that might change the presumptions. We will post any we learn of here.

    Second District (no local rule or order anticipated)
    Fourth District Local Rule 5 (in comment period; will be effective 2/23/18)
    Fifth District Misc. Order
    Sixth District Local Rule 3


  14. I Have Questions You Haven’t Answered.

    If you have any questions or suggestions about how the new system works, please send them to info@fdap.org. Do not send complaints to the poor souls answering the “info” emails; see below.

  15. Where Do I Send Complaints?

    If you have any complaints about the new system, please send them to Jonathan Soglin in either electronic format (email is nice) or paper format. If in paper format, send it in carbon copy triplicate; wax seal on the envelope is optional.

*Return to E-Transcripts Basics*

 

 

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