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  • Court Audio Files

    Has anyone ordered their audio file from court in Ontario? Going through the transcriptionist was going to be $600+ and thats ridiculous. I we got the audio file I could transcribe it myself. It wouldn’t be used in future dates, its just to gather stuff that my partner forgot or didn’t hear.

  • #2
    I record all my court appearances, and I order the audio recordings as well.
    Under Ontario Law you can record your own appearances provided you are a party to the matter and you indicate to the judge that you wish to record the day's proceedings so that you can review at the end of the day and make notes.

    I also order the official recordings as well, but they do take a few days. It's better to order a few days at once because you pay a premium for the first day and the others are all reduced.

    The recordings the court provides gives you a PDF of what the computer transcribed at the time and you can use this to quickly search for sections of the day you want to take more detailed notes of.

    You can't use either personal or court provided audio in court YET!. But I see a day when you might be able to. Someone just needs to make the argument and present it in a good way to create jurisprudence.

    In the mean time you can make notes and "transcribe them" and then place said notes in an affidavit. Just be sure to indicate how you recalled the days events at the start of the affidavit.

    "The following excerpt is taken from notes made by listening to audio recordings provided by the court on this date, the recording was made from this date."

    "The following excerpt is taken from notes made by listening to audio recordings I personally made at the following court appearance. I made these recordings using the following equipment. I was provided permission by Justice _______ to make personal recordings so that I could make notes after the days proceedings."

    Something two that effect.

    Not saying or suggesting this would work everytime, or that the Justice of the day will put any weight on them. I have used this method over 6 years ago during our family court trial, to introduce recordings of exchances I made to protect myself, and to counter affidavits and evidence my ex and her family made against me. It worked in that situation don't know why it wouldn't work with recordings of a court proceeding.

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    • #3
      why it wouldn't work with recordings of a court proceeding.
      Recordings from court proceedings are generally only helpful if a settlement was reached and then parties later say that a settlement was not reached.

      Before trial, evidence is set out in affidavits. You do not need a recording since you have the affidavit.

      Anything the lawyer said is not evidence; they are submissions. Anything the party says at a conference is (likely) protected by litigation privilege.

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      • #4
        Originally posted by OrleansLawyer View Post
        Recordings from court proceedings are generally only helpful if a settlement was reached and then parties later say that a settlement was not reached.

        Before trial, evidence is set out in affidavits. You do not need a recording since you have the affidavit.

        Anything the lawyer said is not evidence; they are submissions. Anything the party says at a conference is (likely) protected by litigation privilege.
        Agreed. They generally more entertaining than anything. Given the right lawyer, they can expose the courtroom behaviour patterns of the opposing counsel. It can be helpful in constructing arguments (submissions) for oral arguments.

        Also pulling previous cases the opposing counsel is more useful... Sometimes you may find that they use the same affidavit templates. Same arguments and allegations. Almost in the same paragraph number.

        If we had a truly digital court system that plagiarism checking was done on submission and the results provided to a judge automatically prior to the hearing... There would be less nonsense.

        It is amazing how the negative advocate lawyers reuse client material. Sickening even. Same with custody and access evaluators. I have found exact match recommendations between different CanLII entries for the same assessor. In fact, I have been able to assemble the magical template they use for all their "reports" just out of CanLII.

        More data leads to less nonsense.

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        • #5
          We wanted them as my partner was so shell shocked by what the judge was saying that he forgot a lot of it and his ex’s statements. Over the last three weeks he has been remembering more and telling me more what was said.

          It was more to have a record against what his ex will tell the kids. Not that it matters really as they are so fully alienated (which is surprising for adult “kids”) that nothing he says or does will change their minds. Hell their mother could admit she lied and was wrong and they would still see him as a bad guy.

          Comment

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