Feb. 14, 2025
The court recorded my trial, so why can't I use it on appeal?
The San Bernardino Superior Court electronically records trial. Can the recording be used as the appellate record? While the short answer is 'no,' a new California Supreme Court case could revolutionize how we preserve the trial record. Dive into the future of court reporting, the clash between technology and tradition, and what it means for your appeals.
The San Bernardino Superior Court electronically records trial. Can Jeff use the recording as the appellate record? Short answer: no. But there's an original writ pending in the Supreme Court on a similar issue, so watch this space.
We also cover:
• Jury Fee Hike, Paid by State Fund--but for how long?
• Shehi v. Chicago Title Insurance Co.--attorney disqualification is appealable, but expert witness exclusion isn't, even when the expert is an attorney.
• Tom Girardi saga--Wife Erica Girardi held not liable for aiding and abetting her husband's client trust fund misconduct.
• The Fifth Amendment & Privilege Logs - A Ninth Circuit case on self-incrimination and privilege log requirements.
The California Appellate Law Podcast is an appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.
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