The San Bernardino Superior Court electronically records trial. Can Jeff use the recording as the appellate record? Short answer: no. But there’s an original writ pending in the Supreme Court on a similar issue, so watch this space.

We also cover:

• Jury Fee Hike, Paid by State Fund—but for how long?
• Shehi v. Chicago Title Insurance Co.—attorney disqualification is appealable, but expert witness exclusion isn't, even when the expert is an attorney.
• Tom Girardi saga—Wife Erica Girardi held not liable for aiding and abetting her husband's client trust fund misconduct.
• The Fifth Amendment & Privilege Logs – A Ninth Circuit case on self-incrimination and privilege log requirements.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Attorney DQ Orders Are Appealable, But Not for Attorney Expert Witnesses
• Audio recording in San Bernardino and Court Reporters
• Finn v. Girardi (2D5d. Jan. 28, 2025, No. B324878) (nonpub. opn.).
• In Re Grand Jury Subpoena (9th Cir., Jan. 28, 2025, No. 24-2506)