The court reporter sits below and in front of the judge's bench, positioned to hear all speakers clearly. They capture every word spoken on the record using a stenotype machine that records phonetic shorthand at speeds exceeding 200 words per minute. When attorneys or witnesses speak too quickly or simultaneously, the court reporter may ask them to repeat. The reporter can read back testimony when requested by the judge, attorneys, or jury during deliberations. The official transcript produced by the court reporter becomes the basis for any appellate review of the proceedings.
Judge: "Let the record reflect that the witness has identified the defendant."
Attorney: "Could the court reporter please read back the witness's previous answer?"
Judge: "This sidebar is on the record. Reporter, please note the time."
Students often overlook the importance of the court reporter in appellate practice. Without an accurate transcript, appellate courts cannot review claimed errors, making the reporter's role essential to preserving issues for appeal.
Burdine v. Johnson, 262 F.3d 336 (5th Cir. 2001)
Emphasized the importance of a complete trial record; the court found a sleeping attorney constituted per se prejudice partly because the record could not capture the attorney's inattention.
United States v. Taylor, 303 F.2d 165 (4th Cir. 1962)
Held that the failure to provide a complete trial transcript on appeal can constitute a denial of due process when the defendant cannot afford to purchase one.
What does a court reporter do during a trial?
A court reporter creates the official verbatim transcript of all courtroom proceedings using stenography, voice writing, or digital recording. This transcript becomes the official record used for appeals, motions, and preserving testimony. Court reporters also read back testimony when requested by the judge or jury.
Is a court reporter required for all court proceedings?
In federal courts, a court reporter or suitable recording device is required for all proceedings under 28 U.S.C. section 753. In state courts, requirements vary — some allow electronic recording as a substitute. Depositions also require a certified court reporter or other authorized officer.
How accurate must a court transcript be?
The National Court Reporters Association sets a standard of 95% accuracy for real-time transcription and 99.5% for final transcripts. Errors in the record can be corrected through a motion to correct the transcript, and parties may stipulate to corrections before appeal.
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