Rule 65 - Audio and Stenographic Recording of HearingSection 65.1 Making and maintaining audio recordings(a) The court shall make an audio recording of a hearing if:(1) required by statute or these rules; or(2) a party or attorney for a party files a written request under C.G.S. section 45a-136.(b) The court may make an audio recording of a hearing even if not required under subsection (a).(c) Except in a confidential matter or matter in which the court closes any part of the hearing to the public under rule 16, the court shall provide a copy of an audio recording of a hearing to any person on request and payment of the statutory fee.(d) The court shall provide a copy of an audio recording in a confidential hearing to a party on request and payment of the statutory fee.(e) The court shall maintain an audio recording of a hearing made under subsection (a) for one year or a longer period if required by Probate Court Regulation or directed by the court. The court may maintain an audio recording made under subsection (b) for such period as it directs. (C.G.S. sections 45a-109, 45a-645a, 17a-498(c) and 17a-685(c); Probate Court Rules, sections 33.3(b), 40.4(b), 44.2, 45.2 and 71.4; Probate Court Regulations, section 27.)
Section 65.2 Transcript of recorded hearing(a) Except as provided in subsections (b) and (c), the court need not cause an audio recording of a hearing to be transcribed.(b) If a party appeals a decision after a hearing on the record under C.G.S. section 45a-186(a), the court shall cause a transcript to be made of any part of the hearing that has not been transcribed in accordance with C.G.S. section 45a-186a.(c) If a person who is not a party requests an audio recording of a hearing that was, in part, closed to the public under rule 16, the court shall provide the nonparty with a transcript from which the part of the hearing that was closed to the public has been redacted. The cost of the transcript shall be paid by the person requesting it. Section 65.3 Official stenographic record on agreement of parties(a) If each party agrees in writing, the court may arrange for a stenographer to make a stenographic record of a hearing.(b) A transcript of a hearing made under this section is part of the official record of the proceeding. An appeal taken from a decision in the matter shall be on the record and shall not be a trial de novo.(c) The parties shall provide a transcript of the hearing to the court without cost. (C.G.S. sections 45a-186(a), 45a-186a, 51-72 and 51-73.)
Section 65.4 Stenographic record without agreement of parties(a) Absent an agreement of the parties under section 65.3, a party may engage a stenographer, at the expense of the party, to make a stenographic record of a hearing.(b) A transcript of a hearing made under this section is not part of the official record of the proceeding. The existence of the transcript shall have no effect on the nature of an appeal taken from a decision in the matter.(c) The party who engages the stenographer shall provide a transcript of the hearing to: (1) the court without cost; and(2) any other party on request and payment of the cost by the requesting party. (C.G.S. section 45a-186(a).)
Section 65.5 Prohibition on recording hearing by other meansExcept as authorized under section 65.3 or 65.4 or rule 72, no person may make an audio or video recording of a hearing or transmit or broadcast a hearing by any means.
Adopted November 7, 2012, effective 7/1/2013.