If you are seeking a duplicate audio recording of an electronically recorded proceeding, the clerk of courts, clerk magistrate, or register where your proceeding was held can assist you by providing you with a compact disc copy.
For Superior court electronically recorded proceedings, you must file a motion with the court to request a duplicate audio recording. If the court allows the motion, the clerk who has the original audio recordings will provide you with a compact disc copy.
Superior Court Standing Order 2-87: Electronic Recordation of Proceedings : review these applicable and instructive sections regarding the control of the recorders and original recordings by the Clerk/Magistrate, requesting copies of recordings, and its cost.
The Clerk/Magistrate shall have the care, custody and control of recorders and the original recordings of all proceedings. At the beginning of every proceeding being recorded, the operator shall announce clearly the name of the case and its docket number. The cassette number and, where more than one matter or proceeding is recorded, the index number representing the beginning and end points of the proceeding, shall be noted on the case papers and in a separate log. Cassette copies shall be identified by case name, docket number, court, date of copy, name of Presiding Justice and name of person who operated the recorder.
Cassette copies of an original recording, or portions thereof, shall be made available by the Court upon request on a form prescribed by the Administrative Justice of the Superior Court Department to any person, whether or not a party, of any proceeding which was open to the public, unless the record of such proceeding has been sealed or impounded. In order that multiple cassette copies may be made simultaneously whenever possible, any person making a request regarding a proceeding that is presently pending on appeal shall certify that he or she has notified all other parties of the request. Rule 8(b)(3) of the Rules of Appellate Procedure shall govern the method and manner of certification of the record on appeal and shall govern to the extent any of its provisions may appear in conflict with those of this Standing Order. The failure of a party to request a copy seasonably shall not be grounds for the delay of subsequent proceedings.
The cost of cassette copies shall be as established by the Chief Administrative Justice of the Trial Court pursuant to G.L. c. 262, s. 4B . There shall be no cost for a cassette copy produced for the use of the Court, or as authorized and approved by the Court. G.L. c. 261, ss. 27A-27G shall be deemed applicable to a request by or on behalf of a party determined to be indigent and the cost of a cassette copy shall be deemed an "extra cost" as defined in s. 27A . The fee for a duplicate audio recording.
The fee for a duplicate audio recording on compact disc is $50.50, payable to the clerk of courts, clerk magistrate, or register where your proceeding was held.
The Uniform Schedule of Fees (Massachusetts General Laws: Chapter 262: Section 4B).
Transcription Services does not provide compact disc copies, nor collects fees.
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