The Role of Court Transcripts
In the legal field, court transcripts are the written records of legal proceedings. They are a transcript of the official record of the proceedings in cases with court appearances by attorneys and other court hearings. This includes but is not limited to depositions, motions, hearings, trials, and examinations under oath. Even though there are now electronic records in most courtrooms, a transcript is not an automatic byproduct of the electronic files. The courts often hire court reporters to draft transcripts and sometimes have in house staff do it. The law also allows for the transcription of notes of reporters, unless the judges believe it is not a true, complete and faithful report. The transcript must be of a verbatim recording as well as any out of court statement recognized as admissible evidence, such as judicial notice, stipulation or waiver of counsel .
Court reporters typically use one of two methods to create these transcriptions, by using a machine shorthand system, also known as steno, or audio recording. The audio recording is the less common of the two methods. In order to successfully type stenographically, a court reporter has to be able to type about 225 words per minute while listening and speaking. These transcripts can also be promisingly helpful in subsequent motions or at trial and sometimes are referred to as master transcripts. Conclusively, the transcript is what the court relies on for any appeal of the case. In addition to court reporters or a court reporter company producing a transcript, there is also electronic court transcription software that some private companies and individual direct court reporters utilize.
How is a Court Transcript Prepared?
There are two methods for creating court transcripts, depending on the court at hand and the matter being transcribed. For many courts, the parties and/or court reporters may prepare transcripts manually and with the use of transcription technology. In order to be certified, court reporters must pass examinations administered by their state and federal court systems, and comply with other requirements outlined by those courts. Depending on the jurisdiction where a deposition or hearing has taken place, court reporters may or may not utilize digital audio equipment to record the proceedings, particularly in situations where lengthy depositions and hearings take place away from the courthouse. In most jurisdictions, the digital audio recordings for these depositions and hearings are maintained as backups to the manually produced transcripts.
In addition to audio capture, some courts require stenographic and/or digital notetaking for their transcripts. For those jurisdictions that do require stenography, court reporters apply shorthand writing methods in order to capture testimony in a method that is then able to be translated into English. Stenography is generally used when court reporters must keep up with oral testimony as quickly as possible. Digital notetaking is used similarly to stenography, but with a great emphasis on the use of a keyboard. Once prepared, court transcripts are proofread for accuracy by court reporters. In the proofreading phase, grammar, punctuation and spelling errors are corrected, and additional indexes and spreadsheets are generated, as appropriate. When errors are made and not caught during the proofreading process, parties can request clarification from the court reporter or make corrections to the transcripts for future reference.
Court Transcripts in Practice
Transcripts are generally typed in a Q and A form. A court reporter simply documents who is speaking followed by what each person was saying, much like you would see in a transcript of the television show "Jeopardy".
Here is an example of a court reporter’s transcript from a criminal proceeding:
JUDGE ROBERTS: Be seated please. 24 CR 2010 State of Ohio vs. John Jones.
CPL. SMITH: OFFICER O’Malley: The Defendant was observed speeding on St. Clair and Van Dyke Road at 90 miles an hour.
JUDGE ROBERTS: JUDGE ROBERTS: That’s 60 more than he should have been; is that correct? What is the speed limit?
CPL. SMITH: A.D.A. LANNING: I believe it’s 30.
OFFICER O’Malley: 35 miles per hour.
A.D.A. LANNING: 35.
JUDGE ROBERTS: There is no way to know how fast he was going when he passed you.
CPL. SMITH: No, sir, your Honor, it should be no faster than 35.
JUDGE ROBERTS: Thank you.
And here is an example of a court reporter’s transcript from a civil proceeding:
MR. SMITH: Your Honor, I move to dismiss this case for failure to state a claim upon which relief may be granted.
MS. JONES: Bifurcate the proceedings.
JUDGE ROBERTS: NO! I’ll let the record reflect that counsel Smith has no basis for his motion to dismiss. The causes of action presented in the Complaint are sustained with specificity throughout the pleading.
Here’s an example of a court reporter’s transcript from an appellate proceeding:
JUDGE: Ms. Wilson?
MS. WILSON: Right.
JUDGE: We’ve had an opportunity to review all of your materials filed in this case. We’ve examined the record in this matter as you know. And the Court is ready to issue its ruling. Your order is as follows:
The School Board’s first three assignments of error are moot. The School Board’s fourth assignment of error is overruled. The trial court did not commit error in finding that the PLCB had jurisdiction to revoke Appellant’s liquor permit. The fifth assignment of error is overruled. The trial court did not commit error in not issuing a stay. The School Board’s sixth assignment of error is without merit. The trial court’s failure to issue a formal ruling on relevancy is not grounds upon which to reverse the order.
CPLB’s cross-assignment of error is without merit.
The trial court’s entry is hereby affirmed.
Reading a Court Transcript
When it comes to the court transcript and how to read and understand it, you will find that transcripts are primarily written using legal terminology that may be difficult to understand if you are not trained in the terminology. With that, however, you can decipher the text in the transcript by interpreting it in two different ways.
You can talk to the actual trial lawyer who represented your case, and ask them to provide analysis behind the transcript. They are most qualified to explain the text within the transcript. Or you can hire an attorney to represent you. They will listen to the audio of the transcript, read it, and then explain it to you.
But of course, the most important thing to understand when it comes to the interpretation of a transcript is to really understand the legal jargon.
For example, if you are going through an appellate case , you will find that the entire summary judgment will be in the transcript. This transcript is a summary judgment that determines the winner of the case before it goes to the jury, if at all. It will show what evidence was argued, as well as what was said in the case to persuade the judge and jury.
Additional legal terminology you will find is "exculpatory" and "exonerating." While these two terms seem synonymous, they are not. Exculpatory means to exonerate the defendant, while exonerating means to clear them from blame, or to find not guilty.
Another term that you may find within the transcript is "a prima facie case." This means you have enough evidence to believe that the claim brought to court, or the argument that’s being made in court, is true.
Of course, the best way to avoid having to sift through the transcript is simply to speak to your lawyer.
Tips for Utilizing a Court Transcript
For Lawyers and Legal Professionals:
The following tips are best practices from our team of court reporters and professional transcribers that can help you to better use court transcripts.
Consider the source. A good transcript begins with an accurate court recording, so always ensure that your court reporting source is reliable and uses the latest technologies to capture court proceedings.
Ask the right questions. Be sure to ask all the right questions when you’re choosing a court reporter or transcription service – about the technology used, the turnaround time, and the price.
Trust the pros. If you work closely with experienced reporters/transcribers (and can therefore stick to the simpler questions above) you’ll get the most accurate transcript every time.
Use transcripts as they were intended. Court reporters are trained to provide a near-verbatim account of what happens in the courtroom, not to be a legal assistant or secretary. Use transcripts to inform and enhance your legal efforts, but don’t expect them to do the work for you.
Keep a close eye on the transcripts. It’s common for court reporters to request "read-back" time to allow attorneys to review what was said in court and confirm that the report is accurate. Take that time to make sure that the transcript is completely accurate and both spelling and dialogue are correct.
Obtaining a Court Transcript
For those interested in accessing court transcripts, the process will vary based on the specific court in which the particular matter was litigated (e.g., municipal, state, or federal). As a general proposition, all court proceedings are recorded. A copy of that recording, if still available, can be obtained from the court clerk in that particular jurisdiction. In some jurisdictions, a transcript of the recording is not automatically made. Others, however , automatically create transcripts and make them available upon request. As is true with many things in life, the cost associated with obtaining court transcripts can potentially be significant, depending on the length of the transcript, the agency providing the transcript, and other such factors. Moreover, the law in some jurisdictions may permit the clerk to deny access to a transcript if that record is particularly sensitive or if the clerk believes such record should not be disclosed.