Thursday, November 5, 2026

LASC process for Audio appellate records

 

Superior Court of Los Angeles County Expands Access to Electronic Recordings in Response to Family Violence Appellate Project v. Superior Court of Contra Costa County, et al., Preserving Litigants’ Right to Appeal Amid Persistent Court Reporter Shortage

New General Order Establishes Streamlined Process for Making Audio Recordings the Official Record When a Court Reporter is Unavailable in Family Law, Probate and Unlimited Civil Proceedings  

The Superior Court of Los Angeles County, in response to the California Supreme Court’s recently issued unanimous opinion in Family Violence Appellate Project v. Superior Court of Contra Costa County, et al. (2026) 20 Cal.5th 564 (FVAP), has issued General Order 2026-GEN-016-00 , authorizing and establishing a process for making audio recordings the official record of family law, probate and unlimited civil proceedings when an official court reporter or official reporter pro tempore is unavailable. The newly issued General Order, effective Nov. 5, aligns with the Supreme Court’s opinion that superior courts have a “ministerial duty” to provide litigants access to a verbatim record of their proceedings when they are unable to afford or locate a private court reporter and a court-employed court reporter is unavailable due to the ongoing and persistent court reporter shortage.

The new general order supersedes and vacates General Order 2024-GEN-011-00, issued in September 2024, and establishes a revised process for parties to request electronic recordings as the official record of eligible proceedings.

“Justice does not end when a judge rules from the bench. It must remain open to review, and review depends on an accurate record of what was said,” stated Presiding Judge Sergio C. Tapia II. “The California Supreme Court has affirmed that a verbatim record is no luxury; it is the foundation on which the right to appeal rests. No litigant’s ability to challenge a decision affecting their family, their finances, or their livelihood should turn on whether a court reporter happened to be in the courtroom that day. Even as we work to recruit and retain the court reporters our courtrooms need, this General Order guarantees that the record will be preserved, so that the promise of appellate review and our commitment to equal access to justice are preserved for every resident of Los Angeles County.”

Starting Nov. 5: How to Request an Audio Recording as the Official Record in Family Law, Probate and Unlimited Civil Proceedings if No Court Reporter Was Present

Effective Thursday, Nov. 5, parties in family law, probate and unlimited civil proceedings where a court reporter was not present may request that an audio recording be the official verbatim record of their proceeding. The process works in three steps:
 

Step 1: The party must complete CRSU 39 . On the form, parties must state under penalty of perjury that the proceeding was not reported by an official court reporter or official reporter pro tempore and that they could not reasonably afford to hire a private court reporter or a private court reporter was not reasonably available.

Step 2: The party must file the request form with the Court. Parties may efile the form or file it in person at any Clerk’s Office if they are self-represented or exempt from electronic filing. Upon the Court verifying that an official court reporter or official reporter pro tempore was not present to report the proceeding, the audio recording of the proceeding will be made available for purchase. Requests for audio recordings where a court reporter was present will be denied, and the requestor will be notified.

Step 3: Within two court days of filing the form, the requesting party must visit the electronic recordings website to request the audio recording or a transcript of the recording. Instructions on how to register and purchase the audio recording or a transcript of the recording are included on the website. The current fee for audio recordings is $40. Additional fees apply for certified transcripts of audio recordings.

 

Under the general order, all family law, probate, and unlimited civil proceedings will be electronically recorded, but the recording will be locked, meaning the recording will not be automatically available to the public or designated as the official record of a proceeding unless requested through the process described above. When a certified court reporter, whether court-employed or privately retained, is present to report a proceeding, the recording will remain locked, and the party must request the verbatim record through the existing process of obtaining it through the court reporter.


Recordings that are requested through this process will be designated as the official verbatim record of the proceeding. An audio recording is not a written transcript. Parties do not need to qualify for a court fee waiver to be eligible but must declare under penalty of perjury that the party was unable to reasonably afford to hire a private court reporter for the proceeding or was unable to secure the presence of a private court reporter due to unavailability. As the Supreme Court noted, many people who can afford routine court fees still cannot afford the high cost of a private court reporter, and courts are to be flexible in assessing a litigant’s ability to pay.

Only parties and attorneys associated with the specific proceeding may request that a recording be the official record through this process. This process does not apply to non-parties to the case. Others seeking access to a recording that has not been unlocked, including members of the media, must submit a motion to the judicial officer who presided over the proceeding for access.

This process does not apply to infraction, misdemeanor, CARE Court, and limited civil proceedings, where litigants may continue to access the electronic recording of their proceeding without the above-mentioned form. Litigants in felony criminal and juvenile proceedings will continue to have a court reporter present to take down the verbatim record and must request the verbatim record directly through the court reporter.

More information on the new process, as well as the existing process for obtaining records for other proceedings not impacted by the General Order, can be found here.

Why the Court Is Making This Change

In 2018, the California Supreme Court recognized in Jameson v. Desta that the absence of a verbatim record will frequently be fatal to a litigant’s ability to have an appeal decided on the merits. That burden has fallen hardest on litigants in family law, probate and unlimited civil cases, where state law has long prohibited electronic recording in the absence of a court reporter, even as electronic recording has been used without incident for decades in misdemeanor, limited civil and infraction cases. With private court reporters costing up to $3,300 a day, a verbatim record has too often been out of reach for low-income and self-represented litigants, creating a two-tiered system of justice in which the ability to appeal depended on the ability to pay.

In September 2024, after legislation that would have authorized electronic recording in all civil cases, including family law, probate and unlimited civil, failed to pass in the Legislature, the Court issued General Order 2024-GEN-011-00 to provide a constitutional safety net for litigants whose fundamental rights were at stake. That order allowed judicial officers presiding over certain family law, probate, and civil contempt proceedings to direct an electronic recording be made as the official record when no court reporter was available, but only after making a series of case-by-case findings, including that the proceeding implicated fundamental rights or liberty interests and that the requesting party could not secure a private court reporter. While the order was an important first step, its narrow scope left many litigants who could not afford a court reporter without a verbatim record.

On Aug. 10, 2026, in a unanimous opinion authored by Chief Justice Patricia Guerrero, the California Supreme Court held in Family Violence Appellate Project v. Superior Court  that superior courts have a ministerial duty to provide indigent litigants with meaningful access to an official verbatim record of proceedings in all civil cases, including by means of electronic recording when an official court reporter is unavailable. The Supreme Court made clear that this duty extends beyond litigants who qualify for fee waivers to all who cannot afford to hire a private court reporter, and it recognized that a verbatim record created by electronic recording is “better than no record at all.” Because the Court’s 2024 General Order relied on a judicial officer's case-by-case findings, it is too narrow to satisfy the duty the Supreme Court described, which is why the Court has replaced it with a new general order that takes effect on Nov. 5.

2026-GEN-016-00 establishes a broader process for eligible parties to request recordings and have them designated as the official verbatim record, helping address barriers to appellate review for litigants who cannot afford private court reporting services and when a court reporter is not available. Without a verbatim record, parties may face significant challenges in appealing a court decision. Since Jan. 1, 2024, the Court has held more than 830,000 hearings in family law, probate, and unlimited civil for which no verbatim record was available.

“Today's order means that every litigant in family law, probate, and unlimited civil proceedings in Los Angeles County has true access to a verbatim record of their proceeding,” said Executive Officer/Clerk of Court David W. Slayton. “Court reporters remain our first choice, and we will keep investing in bringing more of them into our courtrooms. But when one isn’t available, litigants who need a record to protect their rights now have a clear and simple path to get one.”

Ongoing Efforts to Address the Court Reporter Shortage

The Court deeply values its court reporter workforce and does not intend to replace them with electronic recording. Court reporters will continue to be assigned to criminal felony and juvenile proceedings, and to additional case types where available.

The Court remains committed to building its court reporter ranks through robust recruitment, retention, and training efforts. This includes continuing to offer financial incentives such as signing and retention bonuses, relocation, student loan and equipment assistance, and base salary increases. The Court also created and funded its own internal training program to build its own internal pipeline of court reporters. Additionally, the Court has proactively explored other innovative approaches to modernizing the profession, such as offering remote work opportunities through the Court’s remote official court reporter pilot, authorized under Assembly Bill 3013, where 24 full-time reporters remotely report proceedings in participating courtrooms.

These efforts have brought moderate success: the Court has hired 87 court reporters since October 2024, but it has not kept pace with the need. Over the same period, 74 reporters left the Court, leaving a modest net gain of just 13 court reporters over two years. With three-quarters of the Court’s reporters now eligible to retire, the Court will not be able to provide court reporters for every family law, probate and unlimited civil proceeding in which a litigant who cannot afford a private reporter requests a verbatim record. The General Order taking effect Nov. 5 will therefore ensure that the Court can uphold its ministerial duty to provide a record to family law, probate, and unlimited civil litigants who cannot afford to hire a private court reporter.