Obtaining the Record for an Appeal
Recording systems are used in all Cowlitz County Superior Court courtrooms as well as at the Youth Services Center (juvenile court). Recordings of proceedings held at juvenile court are available from that department by calling 360.577.3100. Juvenile Court Web Link.
The Supreme Court of Washington amended several of the court rules to establish procedures to be followed on appeal when a trial court uses a recording system to establish a record. [See 122 Wn.2d 1121 (1993).] These rule changes affect RAP 9.2, RAP 9.3, RAP 9.4 and RAP 9.5 as well as Superior Court Civil Rule 80.
RAP 9.1, which requires the report from any oral proceeding to be transcribed in the form of a written report, was NOT amended; therefore, the recorded proceeding will be fully transcribed if there is an appeal. Amended Rule 9.2(a) does require that only a court-approved transcriber can prepare the verbatim report of proceedings on appeal.
NOTE: Except for the amendments to the rules listed above, all existing Rules of Appellate Procedure apply to an appeal from a videotaped proceeding.
Pursuant to RAP 9.2(a), as amended by the Supreme Court in 122 Wn.2d 1121 (1993), Cowlitz County Superior Court has developed the following procedures as adopted by the Office of the Administrator for the Courts, which are to be followed when arranging for a verbatim report of proceeding for an appeal from a recorded proceeding.
- Complete and return the Appeal CD/DVD request form - PDF provided by Superior Court Administration.
- If your client is indigent and this is a criminal appeal, a copy of the signed Order of Indigence needs to be provided.
- Superior Court Administration can supply the names and contact information of court-approved transcribers. This information is also available on the Cowlitz County Superior Court website.
- If the proceeding being appealed is a civil matter, or if the appellant in a criminal matter is not indigent, the per-page rate for transcription cannot exceed the prevailing rate currently being charged in the county. It is your responsibility to arrange with the transcriber those portions of the record to be transcribed and the per-page transcription rate. It is also your responsibility to pay the transcriber. The court will provide the transcriber with a copy of the recorded proceeding at a cost of $15 for each CD/Jump Drive and/or .mp3 audio files (up to 16 hour maximum per request), payable to the Superior Court Clerk. A check should accompany your completed order form.
- Your Statement of Arrangements can indicate that you have made arrangements with the court to have the digital record prepared and sent to the transcriber you have selected. Please provide two copies of the Statement of Arrangements to Court Administration.
- When the transcript is completed, the original will be filed by the transcriber with the Clerk of the Court. The transcriber will also provide a copy to you and will serve and file notice of the filing on all other parties. [See RAP 9.5(a) and (b) as amended by the Supreme Court, 122 Wn.2d 1122 (1993).]
Superior Court is a court of record. Most Superior Court proceedings are digitally recorded. To request an audio or audio/visual copy of the record, complete the Public CD/DVD Order Form - PDF and return it to Superior Court Clerk's Office with payment of $15 for each CD/Jump Drive and/or .mp3 audio files (up to 16 hour maximum per request).
The following transcriptionists have been approved by the Court to prepare appellate transcripts.
For personal use, you may choose any transcriptionist who is able to transcribe from the record format provided by the court.
Three Rivers Transcripts
P.O. Box 515
Castle Rock, WA 98611
Email: [email protected]
16212 Bothell-Everett Highway, # F209
Mill Creek, WA 98012
Email: [email protected]