Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Limited Legal Practice or Representation › Nonmembers of the Bar

ii. Parties and their Agents in Certain Proceedings

Provisions of the order:<br>

  • Tapes may be viewed only by the parties, their counsel, their expert witnesses, and the guardian ad litem
  • No tape, or any portion thereof, shall be divulged by any person mentioned in Sec. 31(a) to any other person, except as necessary for the trial
  • Persons in Sec. 31(a): members of the court staff for administrative use, the prosecuting attorney, defense counsel, guardian ad litem, agents of investigating law enforcement agencies, and other persons as determined by the court
  • No person shall be granted access to the tape, its transcript, or any part thereof, UNLESS:
  • he signs a written affirmation that he has received and read a copy of the protective order;
  • he submits to the jurisdiction of the court with respect to the protective order; and
  • in case of violation, he will be subject to the contempt power of the court
  • Each of the cassette tapes and transcripts thereof made available to the parties, their counsel, and their respective agents shall bear the following cautionary notice:
  • “This object or document and the contents thereof are subject to a protective order issued by the court in (case title), (case number). They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the contempt power of the court and other penalties prescribed by law.”
  • No tape shall be given, loaned, sold, or shown to any person EXCEPT as ordered by the court
  • Within 30 days from receipt, all copies of the tape and any transcripts thereof shall be returned to the clerk of court for safekeeping UNLESS the period is extended by the court on motion of a party
  • This protective order shall remain in full force and effect until further order of the court. [Sec. 31(b)]

Authorities

  • , Sec. 31