Do not assume a Kings County misdemeanor hearing will have a court reporter—or that an audio file will exist afterward. Kings Superior Court local rule 130 says the court normally provides reporters for felony criminal proceedings but normally does not for misdemeanor or infraction proceedings. A misdemeanor proceeding may be electronically recorded when permitted. Before a hearing that needs a verbatim record, ask the clerk or your lawyer what record is planned for that particular proceeding; after it, ask what record was actually made.

If the hearing is still ahead

Rule 130 allows a party who wants an official reporter for a proceeding where the court does not normally supply one to contact the Clerk’s Office about a court-approved appointment. It says to file the request 10 calendar days before the proceeding, or as soon as practicable. That is a request procedure, not a guarantee of coverage: the rule warns that reporter availability may be confirmed as late as the hearing day and that a matter may need to be continued if none is available. Discuss with counsel whether the issue at the hearing makes an exact record especially important, and confirm the date and department on the actual notice. (Kings local rule 130)

The same rule describes a stipulated, privately retained certified shorthand reporter, with the arranging parties responsible for the fee. It also describes a request route for a party with a court fee waiver. Ask the clerk or counsel which form and waiver procedure apply in your criminal case before relying on a general fee-waiver form. Keep a filed copy of any request and the court’s answer; silence does not establish that a reporter will be present.

If the hearing already happened

Ask the Clerk’s Office whether the particular date and department had an official reporter, an official electronic recording, or neither. If there was a reporter, ask how to order a transcript. If an electronic recording was permitted and made, rule 130 directs requests for a copy of that recording to the Clerk’s Office. Give the case number, hearing date, department and type of hearing so the court can locate it. Keep the court’s response if the requested record is unavailable. (Kings local rule 130)

Government Code section 69957 permits an official electronic record in a misdemeanor case when an official reporter is unavailable, subject to approved equipment and monitors. A transcript can be prepared from such a recording when one is required, but an indistinct portion must be marked accordingly. The law does not mean every courtroom conversation was recorded or that a requested transcript will reconstruct inaudible words. Preserve the court’s order and minute entry alongside any recording or transcript, particularly if you are evaluating an appeal or a disputed plea term.

For help deciding what record to request or preserve in a Kings County criminal case, call the Law Offices of David S. Chesley at (800) 755-5174. See our Hanford criminal defense page for related service information.