Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2013
    Location
    Plattsburgh, New York
    Posts
    20

    Default How to Obtain Copies of Court Records Without Cost

    State : New York

    I went to the court house today to obtain an article 440 motion I had submitted Pro Se in a criminal proceeding against me thst resulted in a conviction. I was told I could have a copy of the motion AT a cost of 65¢ a page(with exhibits,this will easily move into hundreds of dollars), which constructively denies me access and precludes my ability to file another motion pertaining to my innocents. While I am familiar with FOIL request, and the statutory prescribed costs for copies related to such a request,I know with this being a criminal matter it didn't apply;the clerk claims there is no poor person request, but I know they have no clue. Could someone help me out ! There must be something in the CPL or unified court administrative rules about this.I believe I am entitled to these documents, it at least be able to have costs waived for cause.if someone has any suggestions or knowledge about this it would be appreciated. I have newly discovere evidence, but I need this motion before I can move forward

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Obtaining Document from Criminal Proceeding Without Cost

    Court records are not governed by FOIL. They are covered by Section 255 of the Judiciary Law, which allows them to charge fees. I do not see any kind of indigent waiver but I am still going through it.

    How on earth is a motion going to cost hundreds of dollars at 65 cents a page, or are you wanting a complete transcript of your trial?

  3. #3
    Join Date
    Jun 2013
    Location
    Plattsburgh, New York
    Posts
    20

    Default Re: Obtaining Document from Criminal Proceeding Without Cost

    Thank you for your time.yes,I understand it is not a FOIL. but a FOIL is only 25¢, how are they gonna charge me 65¢ yah know? Being that is a criminal matter and not civil,I thought for sure I would have a right to them. And I feel really stupid saying it would cost hundreds.it's thick, but not that thick with exhibits. There must be some mechanisms for poor person, even if it would have to come from a judges order via an article 78. What are your thoughts on that? Or maybe making it a FOIL request so its only 25¢.? THANK YOU for your time.I love this site.please excuse errors,etc.I'm doing this from my phone and its god awful

    - - - Updated - - -

    I guess I feel there must be an avenue for obtaining documents from the file with standing as the defendant free of charge, where there can be a primia facia(spelling) showing a liberty interest or due process right is involved.particularly in a claim off newly discovered evidence in a post conviction remedy. And,of course, an inability to pay.That sound like anything to you, besides me trying poorly to sound like a lawyer lol

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obtaining Document from Criminal Proceeding Without Cost

    If you appealed your conviction and qualified for appointed counsel, you can see if you can obtain a copy of the document from your appellate lawyer. If you retained a lawyer for an appeal, that lawyer may also have obtained a copy of the court file, but you would have paid for it.

  5. #5
    Join Date
    Jun 2013
    Location
    Plattsburgh, New York
    Posts
    20

    Default Re: Obtaining Document from Criminal Proceeding Without Cost

    thank you. No appeal, and again this was a CPL 440 to vacate sentence and conviction filed pro see; this was several years after conviction.

    1. Sponsored Links
       

Similar Threads

  1. Public Records: Can I Photograph Court Records Instead of Paying for Copies
    By royarl in forum Government Agencies
    Replies: 4
    Last Post: 02-18-2014, 05:12 PM
  2. Military Justice: How to Obtain Records of a Court Martial
    By prescott in forum Military Law
    Replies: 1
    Last Post: 12-05-2013, 08:51 PM
  3. Discovery: How to Issue a Subpoena or Court Order to Obtain Records
    By dwa in forum Civil Procedure
    Replies: 3
    Last Post: 08-31-2013, 06:53 PM
  4. Legal Research: How to Obtain Court Records
    By stephtjam in forum Legal Practice
    Replies: 2
    Last Post: 02-23-2011, 05:25 PM
  5. Public Records: How To Get Copies of Traffic Records
    By xederl in forum Government Agencies
    Replies: 3
    Last Post: 06-17-2008, 07:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources