Ky. Cir. Ct. Clerks' Manual RECORDINGS: AUDIO/VIDEO

81 RECORDINGS: AUDIO/VIDEO

CR 98; 3.02; 3.03, RCr 13.12

District and Circuit Courts

 Audio and video recordings are used for the purpose of recording court

proceedings. All proceedings are recorded unless a waiver is signed by the

parties and counsel.

 A recording log must be maintained for all recordings. The JAVS system has

a built in recording log. This can be accomplished by scanning in the case

numbers from the docket sheet which will put the case into the auto log

system (JAVS.) The Daily Log should be printed and maintained in a log

notebook. See JAVS User Manual(s.)

NOTE: In the event a manual recording log is needed, AOC Form 955,

Recording Log, may be used for trials. For other hearings, insert the digital

counter number beside the case number on the court calendar.

81.1 Responsibilities of the Clerk

 You are responsible for the operation of the equipment, training of the

personnel specifically charged with the operation of the equipment, and

with the proper maintenance and care of the recorder and its accessories.

 All recording equipment should be tested every day and prior to court to

verify the equipment is working correctly.

81.2 JAVS

The JAVS System allows courts to record video and audio of court proceedings.

Quick reference guides and full user manuals may be found using the links

below.

AutoLog 7 Quick Reference Guide

Daily System Test Quick Reference Guide

Scheduler 7 Quick Reference Guide

RECORDINGS: AUDIO/VIDEO

81.2.1 Video Recording

 The official court record of court proceedings shall be two simultaneous

recordings.

 The JAVS system will automatically provide a redundant recording; but the

official record is maintained by the copying of the recording(s) to removable

media for an “A” and “B” copy. Copies of the recordings should be finalized

at the end of each day.

NOTE: Record the proceedings to be written to write-only media to prevent

the ability to overwrite recordings on the removable media.

1. For identification purposes, use the JAVS Publisher instructions to

label/designate original recordings when burning them to a CD/DVD or

other removable media.

2. The label designation should be:

o the judicial circuit or district number;

o the court division number (if any);

o the last two digits of the current year;

o the number of the recording (counting all recordings used since

the start of the current calendar year);

o the letter "A" shall be assigned to the first official recording

(burned copy) and the letter “B” shall be assigned to the second

official recording;

o the number of the CD/DVD used in the proceeding being

identified; and

o the case file number of the proceeding being identified.

Example: 22-3-02-CD-015-A-1, 14-CR-00123.

3. Retain custody of recording(s.)

4. The trial judge or designee shall make a written exhibit list, a written trial

log, and a written log listing the recording references of where each

witness' testimony begins and ends on the recording. The list shall be

kept with the record and a copy shall be maintained with the recording.

CR 98(2)(b). See JAVS Publisher Manual.

RECORDINGS: AUDIO/VIDEO

81.2.2 Appeal Recording(s)

1. When a notice of appeal is filed in a case where a court or jury trial was

held, recording “B” shall be filed with the clerk and certified by the clerk

as part of the record on appeal. RAP 26(A)(3)(a), RAP 26(B)(3), CR

98(2)(a)(i). For more information, see Appeals.

2. If the designation of record lists dates on which hearings were taped for

any pre-trial and/or post-trial motions, or any portions thereof,

recording “B” shall be filed with the clerk and certified by the clerk as

part of the record on appeal. RAP 26(A)(3)(a), RAP 26(B)(3), CR

98(2)(a)(i).

81.2.3 Request for Copy

Request for copies of hearings should include details such as a case number

or name, rather than providing a recording of an entire day. Upon request,

prepare a duplicate copy of a recording. If the hearings requested are

located on several different DISCS/DVDs, you may copy all the hearings on

one DISC/DVD. R Collect a fee as set forth in the Accounting Manual, for

each duplicate DISC/DVD prepared. CR 3.02(2)(f); CR 3.03(3)(e).

81.3 Audio Recording (FTR) – District Court

• All CDs (compact discs) must be finalized at the end of the court

session. Failure to do so means the next day of court may have the

present day as well as any other days that were not finalized on the

CD. This can cause problems locating a CD for a particular court date

when a request is made for a copy of court proceedings.

• Record at a speed of 2.4. If the wrong speed is used, any copy of the

tape requested may be of poor quality. If you are unsure of the

correct speed, call Technology Services at AOC.

• Turn on all microphones in the courtroom and direct all persons

speaking to stand next to or immediately behind the microphone in

order to insure a clear and complete recording. If your original

recording is of poor quality, any copy requested will also be of poor

quality.

• Verify that the recording/CD number is entered on the log sheet or

court calendar and that the counter number/time stamp on the

machine is entered correctly beside the case number. You may do

this by scanning the docket.

• Keep careful inventory and individual maintenance records of all

electronic recording equipment. Store all CDs and log sheets in a

suitable location to prevent loss or alteration.

RECORDINGS: AUDIO/VIDEO

NOTE: All juvenile and involuntary hospitalization/admission and

disability CDs must be labeled, kept confidential and stored apart

from other CDs.

• Notify the AOC in the event of a malfunction.

81.3.1 Request for Playback/Copy

The clerk has custody and control of a recording/CD. An attorney or other

party requesting a playback of a proceeding shall do so in the presence of

and at the convenience of the clerk.

1. Collect the cost per CD plus postage fees, as set forth in the Accounting

Manual, from the requestor.

2. If you have FTR equipment in your county you may make a copy using a

laptop as necessary.

3. If you are unable to make a copy locally, send the AOC the original CD

and a copy of the log sheet with the case circled in red ink. Verify that

the CD being sent belongs to the case indicated. The style of the case or

the defendant's name and the starting counter number/time stamp are

necessary to properly copy the CD. Do not send the fee for the copy of

the CD to AOC.

4. When the original CD and the copy are returned to you, either notify the

requesting party the copy is available, or mail it to him/her.

5. The duplicate CD can be played on a regular recorder at the speed of 1-

7/8 inches per second or any CD player.

81.4 Video Recording(s) – Cases Involving Child

Pornography

When evidence of sexual conduct of a minor is entered as an exhibit during a

hearing or trial, the court shall ensure the material is not recorded onto the

video record of the proceedings. Any exhibits containing such material shall be

sealed and marked as “child pornography.” RCr 13.12. See Inspection of

Records for requests to inspect a record including an exhibit of sexual conduct

of a minor.