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Tag: request

Why You Should Always Order Audio Recordings By Braxton Mounteer

You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court’s own notes in the written record be sufficient? Can’t I just make my own recordings? Not in Utah.

First, the “written record” that the court keeps is more like meeting minutes and is not a word-for-word record of everything that was said by the parties, the lawyers, and the court during a hearing or trial.

Second, Utah does not allow you or your attorney to make your own recordings of your own court proceedings. Such a rule makes absolutely no sense and imposes undue costs and wait times on parties and their attorneys, but it’s the rule nonetheless.

Third, and most importantly, you should order the audio recording of your hearings and other court appearances to ensure that the orders that come out of those proceedings are accurate and complete–to ensure they are faithful to what was actually said and ordered. Most people cannot keep it all correctly remembered in their heads.

When there is a back and forth between the parties and their counsel over the specifics of a judgement or recommendation that was handed down months or years or even days ago, knowing exactly what was said is vitally important. You wouldn’t want a decision in your favor to be forgotten or misstated. Nor would you want to be mistreated due to someone imposing a harsher penalty on you than the court issued simply because no one could remember what the evidence was, what the testimony was, and what the court’s decisions were.

In Utah, you need to pay $15.00 and fill out and submit to the court clerk a form to request an audio recording. It is fast and easy. Your lawyer or opposing counsel may say “You don’t need to do that, I remember the hearing”; do not believe him/her. Human memory is fallible. Lawyers have the reputation that they have for a reason. Do yourself a favor and spend the five minutes that it would take to fill out and pay for an audio recording. Don’t leave your fate to faulty memories.

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What is the proper way to request a change of the child custody order?

What is the proper language to request a change of the child custody order in family law court?

What you want to accomplish is not the kind of thing that you have good odds of accomplishing successfully on your own, as a non-lawyer. Indeed, the odds are against you doing this correctly. 

Seeking a modification of a child custody order is a matter of much more than merely finding “the right words” (although being clear and accurate in one’s choice of words in legal documents is crucial). The “proper language” to use to seek a modification of an existing child custody order is not a matter of a few sentences or paragraphs, and there is no such thing as one and only one particular way to phrase a request for a modification of the child custody award and to phrase the arguments for why that should occur. 

My guess is that you either don’t have enough money to retain the services of an attorney to help you or don’t want to spend the money on an attorney’s help, but this is a situation in which not getting a good attorney’s assistance could be the difference between success and failure. 

Many people who are not experienced lawyers have somewhat strange, often incredibly oversimplified, and erroneous beliefs about the way the law and the courts function.  

Many people are afraid to consult with lawyers for fear that the lawyers will try to charge them extortionate amounts of money. I sympathize. There are many lawyers who do just that (I am a lawyer, so I know). But if you will shop around extensively, you can find a good lawyer who delivers value for what he or she charges you. When you find such a lawyer, it some of the best money you’ll ever spend. People who represent themselves in court and who don’t know what they’re doing don’t get do overs for the mistakes they make. 

Many people believe that if what they want makes all the sense in the world to them, then it will make all the sense in the world to the courts. In my experience, just the opposite is true. What often make sense to people unfamiliar with the legal system is not the way the legal system functions. This is not to say that everything in the legal system is nonsensical, but a lot of what people believe the law is or should be is not the way the law is or works. 

Bottom line, consult with an attorney. Find out what you need to do, find out how much it will cost, then find a way to afford it. It’s far less expensive in the long run than the risks you run in trying to do it yourself. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/What-is-the-proper-verbiage-to-ask-that-previous-orders-be-dropped-when-filing-a-request-to-change-custody-order-in-family-law-court/answer/Eric-Johnson-311

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