Legal Question in Civil Rights Law in California

Audio Discovery

Defendant has provided police digital audio files in WAV format on a CD during initial disclosure in a federal section 1983 suit. No written transcripts exist of these audio files.

Does the Plaintiff have any grounds or precedent for demanding that Defendant provide, at Defendant's expense, a certified stenographic reporters transcript?

Defendant and their counsel are both very strong financially.

Plaintiff is a pro per.


Asked on 12/27/08, 1:02 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Audio Discovery

You could always serve Requests for Admissions. "Admit that on tape number so-and-so at 1 minute and 32.seconds, Officer Brown says, 'Now I'm going to hit you upside the head with my baton.'".

For that matter, you could transcribe it yourself and say, "Admit that the document attached as Exhibit A is a full, accurate, and complete transcript of Tape #XX."

If the defendant doesn't admit, your costs of transcribing the tape would be recoverable, win or lose.

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Answered on 12/27/08, 6:17 pm


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