Recording a Hearing

By HSK, September 10, 2014

The Sixth District Court of Appeals has recently ruled that an appeal from probate court cannot be a substitute for a proper records request.  The appellant wanted to obtain a transcript from a hearing at probate court.  The case was closed and an appeal of the closing of the case had not been filed.  Asking for a transcript on a closed file is irregular, and the probate court refused.  An appeal of that refusal was made and the court of appeals stated that the appellant should have filed a different type of suit to get public records, which is what the transcript actually is.  The moral of the story is that when you have a litigated or controversial matter before the probate court, take a court reporter with you to record the hearing and then transcribe the testimony if you need it.

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