Courtroom conduct should be strictly followed by all parties and attendees. Some specific rules and regulations should be adhered to when you are in court and failure to follow these regulations will lead to repercussions. If you are unable to attend your court date, can you ask your attorney to record legal proceedings during arbitration in court if you don’t show up?
The quick answer to this question is that it depends. It depends on what city or state you are in and if the court in your state allows recording. Everything that happens in court is overseen by the judge so if your state allows recording in court, it is best to still ask for permission from the judge to do so.
Read along as we discuss proper court decorum when it comes to video or voice recording legal proceedings.
Things to consider when recoding legal proceedings
People inside courtrooms are expected to respect all the rules and regulations at all times. If you cannot make your court date, here are some things to consider when you are thinking about asking your lawyer to record the proceedings.
- Do your research
Your lawyer should know the correct answer to the question of whether you can record in court or not. Depending on the state court system that you live in, any form of recording might be prohibited.
Do not assume that recording is okay because you cannot be there. Properly doing your research shows respect to the court. If your state does not allow any form of recordings inside the courtroom, you have to rely on your lawyer to give you a debrief of what happened in the hearing.
There is also a distinction between public and private recordings. Public recording is used for news and media outlets especially if the hearing or trial is of the public’s concern. On the other hand, private recordings are not of public use. Individuals can request to record the hearing and be granted approval.
- Always ask for the judge’s permission
Just because your state allows court recordings doesn’t mean that you should just do it without getting permission from the judge. The judge presides over the courtroom and should be made aware of everything that happens inside it. If you are unable to make your court date, you should submit a written request to the judge to ask for permission for your lawyer to record the hearing on your behalf.
Asking for permission also expresses your respect for the judge and the court system and is the right thing to do. The last thing that you want to do is to do something that will make the judge see you in a bad light so asking permission can make sure that you are on the judge’s good graces and shows respect to the court.
Recording inside a courtroom without obtaining proper approval is a violation of the court’s rules and regulations. An individual who attempts this can be sanctioned and held in contempt of court. Before you do this, make sure you are doing the right thing by properly obtaining approval from the judge.
Some cases happen where the state allows court recordings but the judge or courtroom does not allow this. So, it’s best to err on the side of caution by getting approval from the judge regardless of what your state’s courtroom rules are.
What to do if your lawyer is not allowed to record the hearing?
In instances when your lawyer is not allowed to record the hearing, here are some things that you can do so that you will still be in the loop even if you are unable to attend:
- Rely on your lawyer
The main reason why you hired a lawyer is that he can represent you and be your advocate. You have to trust your lawyer in this process and rely on the information that he will be giving you if you are unable to attend a hearing or arbitration.
- Ask to move the court date
If you are unable to attend the hearing or arbitration on that date, you can ask to reschedule it to a date when you can attend it.
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