Who may obtain a copy of the stenographic record or the audio or video recording of the hearing, and on what terms?
General information · Not legal advice
Material to check
In practice material of this kind, we read the courtroom papers to confirm that a stenographer took notes or that a recording or video device was used, look for any request by the prosecutor, the accused or defence counsel for a copy of that material, and check for a receipt showing who paid the cost.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the stenographic record, audio tape or video tape kept separately from the courtroom record is available to the prosecutor, the accused or defence counsel on application, with the applicant bearing the cost of the copy, as the provision states they may claim a copy 'at their own expense'.
Another reading stresses that the provision names only three categories of person who may claim a copy — the prosecutor, the accused or defence counsel — and says nothing about the form of the application or about how the cost is set, so a file must show that one of those three made the request and met the cost.
Your judgment
How could the file show what the cost of a copy was and that the applicant met it, given the provision does not say how the cost is set?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may claim a copy or how the cost is set, or if a court decision clarifies what must be shown to obtain one.