Section 205.37 Recording of hearings; objections.

(a) Hearings may be recorded mechanically. Any equipment used for such mechanical recording or for the production of such recording shall have the prior approval of the Chief Administrator of the Courts.

(b) Mechanical recordings shall be appropriately and clearly identified with the name of the case, docket number and date of hearing for storage and retrieval with proper precautions taken for security and preservation of confidentiality. Where hearings are recorded mechanically, the clerk of the court shall provide a means for the making of a duplicate recording or for an alternative method for preparation of a transcript where required by a judge reviewing objections to an order of a support magistrate or when requested by a party.

(c) A transcript of the proceeding before the support magistrate shall be prepared where required by the judge to whom objections have been submitted for review, in which event costs of duplication and of transcript preparation shall be borne by the objecting party. Either party may request a duplicate recording or transcript, in which event costs of duplication of the recording or preparation of the transcript shall be borne by the requesting party. A transcript shall bear the certification of the transcriber that the transcript is a true and accurate transcription of the proceeding. A party who is financially unable to pay the cost of the duplicate recording or the preparation of a transcript may seek leave of the court to proceed as a poor person pursuant to article 11 of the Civil Practice Law and Rules.

(d) Objections to the order of the support magistrate and rebuttals thereto shall be accompanied by an affidavit of service on the opposing party.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 27, 1987 eff. Dec. 1, 1987. Amended (a)-(c), added (d).

Amended on Aug 11, 2003


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