Criminal Trials, Hearings Suppression Motions

[Clarkmare]

Is an in chambers handling of a supression moton considered a material state of the proceeding? and should the defendent be present? Should there be stenographic minutes for such a hearing/discussion? How would i obtain them if so?

 

[Michael Wechsler]

In chambers discussions are usually off the record and informal, in my experience. Rulings will go on the record including the basis for such a ruling. However, this is not to say that formal discussions with the attorneys present do not take place in chambers and are on the record with a stenographer present or a recording of the discussion. You should go to the county clerk and find out what is contained within the case file.