What other ways are used to record court proceedings other than &quot;stenographers?&quot; Nearly all court proceedings are accompanied by a written record, generated by court stenographers. From what I understand, courts occasionally use "sound" recordings in place of stenographer records. The original recording is not made available to the public but transcripts are. When, where, and why is this done? Are court proceedings ever filmed or otherwise visually recorded? It seems that facial expression, hand motions, vocal intonations, etc. are part of the body of evidence on which a judge or jury decides a case. So is this type of record ever made available, and if so, when?
From what I understand, courts occasionally use &quot;sound&quot; recordings in place of stenographer records. The original recording is not made available to the public but transcripts are. When, where, and why is this done? In Colorado this is done in all limited jurisdiction court proceedings (i.e. the courts where misdemeanors and smaller money claims and evictions involving premises with fairly low rents are tried), and in most general jurisdiction court proceedings unless the parties pay for live transcription at their own expense. Transcripts are made when there is a sound recording only upon a request submitted to the court that then outsources the request to independent contractor transcriptionists. This is a fairly recent development and there may be live stenographers (also known as court reporters) in some general jurisdiction courts still today in Colorado, but it is profoundly less expensive to tape record a hearing or trial and just transcribe them upon request at the expense of a party, than it is to have a live stenographer make a verbatim record of every hearing or trial. In limited jurisdiction courts typically only about one in a hundred cases is appealed, and in general jurisdiction courts typically about one in ten cases are appealed. The marginal cost of an audio recording that isn't transcribed, once the courtrooms are wired for sound, is negligible (perhaps $10 per day (or less) for storage media). The marginal costs of a live stenographer or transcriptionist per day is on the order of $240+, which adds up over the course of a year. In the limited jurisdiction court, live court reporting would cost about $24,000 per day of trial in cases that are actually appealed (since only about 1% of cases are appealed and those cases would have to bear the entire cost of the transcription system). In general jurisdiction courts, live court reporting would cost about $2,400 per day of trial in cases that are actually appealed (since only about 10% of cases are appealed and those cases would have to bear the entire cost of the transcription system). In contrast, with sound recordings, the cost per day of trial actually appealed in limited jurisdiction courts would cost $1,240, and in general jurisdiction courts it would cost $340. These are judicial branch expenses small enough to be financed with court filing fees. Depositions prior to a trial are often handled by a live stenographer and sometimes handled by a videographer as well, but almost never conducted with sound only recordings in the absence of extreme circumstances like a blizzard that makes it impossible to secure the court reporter's attendance (in part because there is almost always a desire to have a transcript made and because the stenographer can confirm spellings and ambiguous sounding words with the deponents and counsel during breaks avoiding errors in the final product). Are court proceedings ever filmed or otherwise visually recorded? Depositions and court proceedings are sometimes filmed. A video of a deposition can be presented to a judge or jury in lieu of testimony when the witness is not available or to impeach the testimony of the witness. It is unusual in Colorado for court proceedings to be visually recorded. But, in Alaska, there is a state constitutional right to participate in most kinds of court proceedings and legislative hearings by video conference (because geographically, Alaska is about a third the size of the continental U.S. and thinly populated with large roadless areas), so I presume that in Alaska, court proceedings are routinely videotaped. Some courts in the U.S. do initial appearances and arraignments in many criminal cases by closed circuit television from the jail, before a judge in the court house, in order to reduce the need to transport prisoners from the jail to the court house for a perfunctory five minute hearing which is not evidentiary, and there may be video recordings of those proceedings as well. Many federal courts and some state courts do status conferences and similar minor procedural hearings by telephone conference call and those are usually audio recorded without a live court reporter. In Colorado, all oral arguments in appeals (except those rare cases that are secret such as juvenile cases and rare cases involving the details of trade secrets) are live streamed and podcast over the Internet. Many other appellate courts (but not the U.S. Supreme Court) do this as well. But, transcripts of oral arguments at the appellate level are rarely considered in further appeals. The video (or in the case of U.S. Supreme Court hearings, previously transcripts only and now audio as well) are released for PR reasons and for public transparency, reflecting appellate court's role as law making institutions, not for the litigants themselves. It seems that facial expression, hand motions, vocal intonations, etc. are part of the body of evidence on which a judge or jury decides a case. So is this type of record ever made available, and if so, when? A deposition or other videotape provided as evidence in a case at trial is part of the record on appeal that an appellate court may consider. And, a judge or jury may consider things like facial expressions, hand motions, vocal intonations, etc. in those cases. But, video of the court proceeding itself is simply a basis for preparing a transcript that will become part of the court record. Appellate courts in common law systems are forbidden from considering things like facial expressions, hand motions, vocal intonations, etc. of witnesses testifying in a trial. This is part of the credibility evaluation function that is reserved entirely to the judge or jury who is the trier of fact in a case. The only time a video of a trial court proceeding itself would be considered would be as evidence in a different trial arising out of events that took place in the courtroom itself. For example, suppose that a court bailiff goes berserk and starts shooting jurors for no reason in the middle of a trial that was being videotaped. That videotape could be considered in a criminal trial of the court bailiff for assault with a deadly weapon or murder, or in a civil case brought by the jurors or their surviving next of kin, for battery or wrongful death. The appellate court of the criminal or civil trial of the bailiff could consider the videotape, but an appellate court considering an appeal of the proceeding that was being videotaped could not. This is basically just a historical artifact. If videotape had been in existence at the time of the Norman invasion in 1066 CE, appellate courts in common law countries would no doubt have the right to review questions of both fact and law, rather than merely law as they do today. In civil law countries, such as those of continental Europe, judges take notes regarding evidence, but there is no verbatim record of the proceedings and any assertion that the judge was mistaken about the facts is resolved by retrying the disputed facts over again in a second instance court proceeding, a process reflecting even more rudimentary court resources than those existing prior to tape and video recording were invented.
A subpoena is nothing more than court process compelling someone to testify as a witness or to produce documents in their possession, custody and control, or both, usually in connection with a court case. Most people who are subject to a subpoena are not being asked to offer testimony that could implicate them in a crime. They simply have evidence relevant to a case. For example, bank records are routinely subpoenaed to generate evidence that can be used in a civil or criminal case against someone, even though no one accuses the bank of doing anything improper. Many witnesses are also just not bothered to testify or actively don't want to testify, even though the evidence would not personally reflect poorly on them in any way, if they are not compelled to do so. For example, they may simply be very busy at profitable activities, or may fear retaliation from people involved in the case. Also, subpoenas are not infrequently issued where the witness is personally happy to testify but needs court process to get permission to be away from work or other obligations. A subpoena can also overcome legal obligations to not voluntarily provide information even when it is not legally privileged. For example, a lawyers ethical obligation not to voluntarily share information about a client (even information that isn't attorney-client privileged like the existence of an attorney-client relationship or the amount of money that the attorney holds in a trust account for the client's benefit) is broader than the attorney-client privilege and a lawyer can be compelled to provide such information by subpoena. To invoke the 5th Amendment in a case where you are not a defendant, you must have some good faith belief that your testimony would expose you to criminal liability, something that the vast majority of witnesses under a subpoena do not. You cannot invoke the 5th Amendment, for example, to protect yourself from having to testify regarding something that may be highly embarrassing and may even constitute a violation of the law, but is not a crime. For example, you can't invoke the 5th Amendment to prevent yourself from having to admit under oath in court testimony that you cheated on your boyfriend with someone else, or that you forgot to lock up the office the night before it was burglarized, or that you lied about having won a military decoration that you publicly claimed to have won but really didn't, or that you are in default on your mortgage, or that you are out of legal immigration status. The 5th Amendment can also not be invoked to prevent you have having to testify about violations of professional ethics that are not crimes. For example, an attorney could be compelled to testify that she failed to keep confidential information private by telling her bartender client secrets. A subpoena is basically useless against a defendant in a criminal case, who has the right not to be compelled to testify in his or her own case. But, in a civil case, you can subpoena someone to testify against themselves and they then have the choice of invoking the 5th Amendment and having an adverse inference entered against them (usually resulting in them losing the case if they are a party to it), or not invoking the 5th Amendment and testifying even though truthful testimony on the subject may be incriminating and may be used against you in a criminal prosecution. Someone can also be compelled to testify regarding matters that could be self-incriminating in a civil or criminal case if someone with authority to do so (generally the relevant prosecuting attorney) grants the person compelled to testimony immunity from prosecution (usually all that must be granted is immunity from prosecution based upon the testimony offered, called "use immunity", which is still less than someone admitting to criminal conduct might need to feel comfortable if testifying voluntarily).
At least for the US, there's a good overview in The Atlantic of the SCOTUS benchmark case concerning home recording, still applicable in these days of DVDs and streaming content and torrents and thepiratebay.org: ...the Supreme Court's decision to allow home recording in the landmark 1984 case, Universal Studios vs. Sony Corporation of America, went 5-4; one justice flipping and you wouldn't have to imagine that alternate reality because you'd be living it. See http://www.theatlantic.com/technology/archive/2012/01/the-court-case-that-almost-made-it-illegal-to-tape-tv-shows/251107/ The case revolved around whether recording a television program was "fair use" under copyright law. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. See https://www.copyright.gov/fair-use/more-info.html So yes, you can make yourself a copy, because "that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but is fair use." https://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc. Time shifting as in watching it later, and much later again, as long as you don't distribute that copy, sell admission to watching it, and anything else reasonable when it comes to only you using the copy.
Yes, what you're describing is very common. There is an entire industry built around helping lawyers prepare and assemble presentations for opening and closing arguments. I've seen people use PowerPoint, timeline software, and all sorts of things. Google &quot;trial presentation vendors&quot; for examples.
There isn't to the best of my knowledge, any single document that tells courts to follow precedant or when and how to do so. Each State, and the Federal government, has a set of court rules of procedure. These will indicate, among many other things, the form that should be used in citing previous cases, but that is about form, not content -- about how to cite a case, not about when a court should or should not cite one. Some precedents are what are called persuasive. These are from other court systems: say a different state, or even another country. These also include rulings from other courts at the same level, say from a different district, or even from lower courts. Other precedents are binding. These are from a superior court to the one where the case is cited. In a state's lower court, rulings of that state's supream court are binding. In Federal district courts, rulings of the Court of Appeals for the same Circuit, and of the US Supreme Court are binding. In Federal appeals courts, rulings of the US Supreme Court are binding. They are also binding in state courts on matters where the US constitution is involved, or where Federal law supersedes state law. Prior rulings of the same court are strongly persuasive, but not strictly binding -- a court can overrule its own precedents when it thinks the law or justice requires this, although most courts are reluctant to do so. Or more often it can distinguish a previous ruling, saying, in effect: "that previous ruling is still valid, but this is a different case in such and such a specific way, so the result is different". Students in law school spend a good deal of time learning how precedents are cited, and how they should be used, learning what sorts of things are controlled by precedents, and how to find the precedents that apply to a particular case. When they become lawyers and then judges, they taken this body of learning with them, and use it in writing decisions, and opinions that explain those decisions. New law from the legislature can reverse previous court decisions, except in the case of decisions interpreting the constitution (federal or state). Amendments can change the constitution. Judges must adapt to such changes in the law. To a significant extent our system of precedent is a matter of tradition, going back largely to the common-law courts of England, although it has been modified by specific legislation in many ways, as well as by more recent court decision and practice. It is passed on in law schools, in legal apprenticeships of various kinds, and in individual court decisions.
How does John protect himself from false claims (e.g. if the woman decides to roll down the stairs and blame him)? It would be very helpful if John has evidence of Oxana making false statements about him or others, and/or of Oxana threatening to make them. False accusations are common --and hardly ever prosecuted-- in a context of divorce. Examples of that are police reports (here and here) and excerpts of court proceedings that ensued during my father's (desisted) proceedings to divorce his 2nd wife (for additional excerpts, see also at 22:49-24:29). According to one of those police reports, my father's 2nd wife allegedly extorted him with "You'll have to pay me even until my ring!" (see page 15 of the pdf file) at the time they were going through the divorce proceedings he filed. Based on your description, it is not far-fetched that John could end up experiencing a similar mess as reflected in these police reports. Note: I don't know whether the poorly written quote from page 15 of the pdf was my father's translation of their interactions or whether he merely transcribed them to the police. Is there any downside to basically putting a camera in every room of the house except hers? John is strongly suggested to check Ohio law to avoid criminal charges. For instance, Michigan statute MCL 750.539d(1)(a) prohibits to "Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.". As a wife, Oxana would be reasonably entitled to that privacy in rooms other than --and including-- her room. Moreover, placing cameras in every room will not preempt false accusations. For instance, Oxana could still calumniate John by falsely alleging that he and the daughter went to a hotel to have intercourse. How do you find a good divorce lawyer? Before you even decide to retain a lawyer, see this report about New Jersey Family Court, where judges and attorneys allegedly are in the habit of dragging divorce cases for as long as it is profitable to the lawyers (obviously, at the expense of the parties pursuing the divorce). I don't really follow --and have never litigated-- divorce matters, but the multi-year divorce &amp; custody case of Tsimhoni --formerly presided by Michigan infamous judge Lisa Gorcyca-- illustrates that NJ is not the only state where parties fall prey of legal malpractice. John should search for Ohio court opinions related to divorce matters and get acquainted with the applicable concepts, laws, and doctrines. For that purpose, one free, very useful resource is http://www.leagle.com/leaglesearch . Court opinions usually cite relevant statutes, whence John can get an idea of what laws are decisive on divorce matters. Is it reasonable to ask for some sort of record of past outcomes (are there standards to provide full and complete records like for financial companies)? It is reasonable, but no, there are no such standards at all. An attorney will most likely allege grounds of attorney-client privilege, the extensive time that would be needed to redact court documents, and possibly other excuses to deny John's request. Instead, John should go to the court in his county and study as many files of divorce cases as he can. A number of courts display some information of cases in their website. For example, some Michigan trial courts have deployed Odyssey (see here and here), whence a party could search from home whether an attorney has litigated cases in that court and how long they've taken. To see the contents of complaints/motions/etc., John can read them only in the courthouse, unless the county court has configured Odyssey (or its equivalent) to allow the public to read the contents from elsewhere. I don't know what progress Ohio courts have made on this. Regardless of the attorney's transparency to share with John any redacted records about his performance, another important variable is the judge. In this regard, see the next item. Is it reasonable to ask to pay way less if the lawyer fails to get certain terms? Unfortunately, that is neither reaonsable nor realistic. Just from meeting with John, it is impossible for the attorney to know aspects such as: whether John is truthful and the meritorious party; how much trouble Oxana will cause during the divorce proceedings (see the aforementioned police reports); how vexatious the opposing counsel will be; whether John will weaken or sabotage his case during an unforeseen situation or lose control as a result of exasperation; whether the case will be presided by a judge who follows the law (instead of incurring personal bias or influence trafficking); if the judge engages in influence trafficking instead of following the law, whether the attorney is in cozy terms with that judge; whether the opposing counsel is in even cozier terms with that judge; in the event that the matter is appealed, any of the three previous items may apply; whether the parties settle (or John desists for whatever reason). Given the multitude of unknown/uncertain variables and possible outcomes, no person (attorney or otherwise) could establish beforehand the semi-contingent pricing that you have in mind. Do the lawyers even do anything other than fill out paperwork? Yes, they do, but that doesn't necessarily mean that what their work is any effective. Even if the lawyer is diligent, the court might negligently fail to enforce its own orders.
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial. Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses. Note that Mason stories sometimes involved a full trial, not just a preliminary hearing. Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
If the suit is to be filed in the US, the first step is to officially register the copyright. No US copyright infringement suit can be brought until the copyright has been registered. The registration process includes a formal declaration as to who the author is (or authors are). (I believe this statement is made under penalty of perjury.) Once the registration issues, the certificate of registration is admissible evidence of the facts stated in it in a us court. Indeed 17 USC 410 (c) provides that: (c) In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate. The evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court. In other countries, the testimony of the plaintiff in a copyright infringement suit is itself evidence that the work was created as stated. In either case, it is possible for the defendant to challenge the assertion and claim that s/he is the actual author. Showing when and where the work was first published can usefully corroborate the plaintiff's testimony. Having included a copyright notice in the initial publication may be of value, but if the notice only lists the pen name, it is not of much value. Records of the platform on which a work has been published may help in verifying the identity of the author. So may the testimony of others who saw or read the work, or who were told about it by the author. An author's own copies may be of value, if they carry a timestamp, as computer files generally do. But computer timestamps are not usually secure. Timestamps on email generally are reasonably secure, and could establish that the content existed and had been transmitted on a specified date by a specified person. But none of this will matter unless the defendant claims that the plaintiff is lying in claiming authorship. Unless that happens, the plaintiff's testimony will usually settle the matter. A person whose work seems to have been infringed would usually be wise to consult a lawyer with experience in copyright suits. Such a lawyer could advise if it is wise to bring suit at all, and if it is, what evidence will probably be needed.