Court Reporter Forms/Information Manual

C O U R TR E P O R T E RM A N U A Ldesignated and so on. The master volume index contains the hearing dates and trialdates of all hearings designated on appeal. (See Appendix A).VOLUMES OF DEPOSITIONS -FreelanceVolume numbers will be used when subsequent depositions are taken of the samedeponent in the same case.CERTIFICATION PAGE Rule 22-301OfficialThe last page of each proceeding produced by the reporter is the reporter certificatepage. The court reporter certificate must be signed by the certified reporter whoproduced the transcript. The reporter’s certification number must appear on everycertification page. The cost of the original transcript must appear on all transcriptsproduced on appeal. The cost is not required on nonappeal transcripts. A reportershall not certify a transcript reported by another reporter. If a transcript is producedfor another reporter, as a rough draft only, the certification page is to reflect the nameand certification number of the reporter producing the rough draft transcript. Thereporter who took the proceeding can then produce the final certified transcript withtheir original signature affixed to the certification page. (See Appendix A).CERTIFICATE OF DEPOSITION PAGES -FreelanceThe last page of all depositions shall have a Certificate of Deposition. The Certificateof Deposition must by signed by the certified reporter who produced the transcript.The reporter’s certification number must appear on the certification page. The cost ofthe transcript and exhibits must appear on the certification page. The certificate shallnote all parties who will receive a copy of the certificate denoting the transcript’scompletion. The certificate must also contain the non-contracting language. (SeeAppendix B).Rule 1-030(E)SIGNATURE/CORRECTIONS PAGES -FreelanceThe freelance reporter must indicate in the Certificate of Deposition whether anyreview was requested and, if so, shall append any changes made by the deponent to theCertificate of Deposition within 30 days after the deponent is notified. Copies of theSignature/Corrections page should then promptly be provided both to counsel andparties to the proceedings not represented by counsel appearing at the deposition.If signature was waived, the reporter should fill in the date filed on the Certificate ofDeposition page. Inasmuch as the Certificate of Deposition is attached to thetranscript, it is considered provided to persons ordering the transcript. If they did notorder a transcript, the Reporter must promptly provide copies of the certificate toappearing counsel and parties to the proceedings not represented by counsel.No other additional pages are to be attached to the transcript, such as an Affidavit.Original transcripts and exhibits are to be sealed with the title of the action and marked“Deposition of {Deponent’s name}” and sent to the ordering counsel. At the same8

C O U R TR E P O R T E RM A N U A Ltime, the reporter will provide the Certificate of Depositions, with the “date filed” filledin, and any changes appended. (See Appendix B).9

C O U R TR E P O R T E R3ChapterM A N U A LGeneral ReporterInformation for OfficialCourt ReportersThis chapter contains information regarding topics pertaining toproducing transcripts and working as an official court reporter inthe State of New Mexico.Official Court Reporters are responsible for providing a timely and accurateverbatim record of judicial proceedings. Procedures may vary from districtto district. This chapter provides information on important areas specificallyrelated to official court reporters working in the courtroom.General Courtroom Procedures and ProtocolWhile working as an official court reporter, the types of proceedings will vary greatlyfrom District to District. Some districts stenographically report allcriminal and civil proceedings; some districts use a combination ofstenographic reporting and digital reporting. In some districts,family court is digitally recorded and in some districts, it isstenographically reported.This information pertains to thosedistricts that stenographically report civil and criminal proceedings. The types of proceedings in both criminal and civil court will deal primarily with thefollowing categories: jury trials, nonjury trials, motion calendars and “zoo” calendars.Motions are heard in both civil and criminal court. There are many, many types ofmotions that are heard in civil and criminal court.Zoo calendars are only conducted in criminal courts and consist of criminal motionsdealing with many different defendants and many different cases. It is not uncommonto hear thirty or more different criminal motions involving thirty or more defendants10

C O U R TR E P O R T E RM A N U A Lduring one zoo calendar. It is recommended that the reporter track the cases on thecomputer-generated schedule that is prepared for these days.A bench or nonjury trial is a trial with no jury. The judge is the tryer of the facts andmakes the ultimate determination. Nonjury trials occur in both civil courtrooms andcriminal courtrooms.A jury trial is heard before a jury that is selected by a process known as “voir dire.”Usually this process begins with a panel of jurors who convene in the court in whichthe case is to be tried. Prospective jurors are selected according to statutory andconstitutional provisions within each jurisdiction. The Court may conduct his/her voirdire examination. The attorneys will then conduct their voir dire examination of theprospective jurors. The attorneys may challenge or excuse the prospective jurormembers either for cause or peremptorily; that is, without cause. Depending on howmany jurors are to be chosen, the first 12 or 14 jurors who are accepted as satisfactoryby both sides constitute the jury. Jury selection is to be reported by the official courtreporter. A final seating chart is prepared and provided to the court reporter.Often, there can be pretrial motions heard immediately prior to the trial. Officialreporters are to stenographically report these motions as well.Once the jury has been selected, the following process occurs: Jury Sworn in by the Court The Court Reporter is to note the time the jury is sworn. Opening Statements The Plaintiff starts with his/her opening statement and is then followed byDefense Counsel’s opening statement. Defense Counsel may then give their opening statement or reserve thatright and provide an opening statement at the beginning of their case. Thereporter is to report the opening statements. Examination of Witnesses Plaintiffs will begin with their first witness and proceed with questioning ofall witnesses. The first examination of a witness called by the Plaintiff is known asDirect-Examination. The Defendant then conducts Cross-Examination ofthat witness. The Plaintiff may conduct Redirect Examination with theCourt’s permission. When the Plaintiff has completed their presentation of the evidence, thePlaintiff will rest.11

C O U R TR E P O R T E RM A N U A L The Defendant may now proceed to call their witnesses. The firstexamination of a witness called by the Defendant is known as DirectExamination. The Plaintiff then conducts Cross-Examination. TheDefendant may conduct Redirect Examination with the Court’spermission. The Defendant will then rest their case. Motions can be made throughout the course of a trial and most often occur at theclose of the Plaintiff’s case and at the close of the Defendant’s case. At the close of the Defendant’s case, the Plaintiff may choose to present Rebuttaltestimony with the approval of the Court. Rebuttal evidence can be confined topresenting testimony that will refute the evidence of the other party. Rebuttalevidence may be presented only with the permission of the Court. Closing arguments are then offered by both parties and closings arestenographically reported by the official reporter.Prior to closing arguments, the Court will read to the jury what are called instructionsto the jury. Jury instructions are stenographically reported by the official reporter butare not often transcribed in the appellate record. Jury Instructions read by the Courtare filed in the court file following the case.The Court may then ask the court reporter and the attorneys to review the exhibits andto agree on a packet that will go to the jury. Once this has been done, the attorneys willinform the Court that the exhibits have been agreed upon and are ready to go to thejury.At the point where the jury is excused from the courtroom to begin deliberations, theofficial reporter is to note the time the jury recessed to the jury room to begindeliberations.Questions from the jury may or may not be addressed in open court. The officialcourt reporter is to stenographically report discussions regarding jury questions. Theactual jury note is to be marked as a Court exhibit and filed as an exhibit at the end ofthe case. It is also a good idea to note the time that jury questions are addressed by thecourt and Counsel.Once the verdict is announced in open court, the official court reporter is to ensurethat all exhibits are accounted for and are in the custody of the court reporter. Thiswould be true of jury questions as well. The time the verdict was read in open courtshould also be noted by the official court reporter.It is also possible in civil jury cases that additional motions may be heard following averdict. In criminal cases following a verdict of guilty the judge will schedule a time forthe sentencing proceeding.12

C O U R TR E P O R T E RM A N U A LMost importantly, Official Court Reporters are to defer to the directives of the judge inoperating his/her courtroom. The courtroom procedure and protocol for eachcourtroom can vary from district to district. Should an official reporter be unclear oruncertain about any aspect of their position, the reporter is to ask questions of thejudge to ascertain the correct answer.ExhibitsOfficial court reporters are responsible for marking, tracking and filing exhibitsadmitted into evidence during judicial proceedings.Plaintiff/Petitioner Exhibits are designated with numbers beginning withPlaintiff/Petitioner Exhibit 1. In some districts, official reporters also write the causenumber on each exhibit sticker.Defendant/Respondent Exhibits are designated with letters beginning withDefendant/Respondent A through Z. When all letters of the alphabet have beendesignated, the next exhibit letter system would begin with AA, AB, AC, etc. throughAZ and then BA, BB, BC, BD, etc.Court Exhibits are also marked and filed by the official court reporter.Official court reporters utilize an exhibit work sheet during proceedings to trackexhibits. (See Appendix A).Official court reporters are to follow Local Court Rules with regard to size and type ofexhibits that are acceptable for filing.Official court reporters are to present an accurate receipt for filing exhibits in each case.It is advised that official court reporters keep copies of those receipts should questionsarise with regard to what was and was not filed. (See Appendix A).Rule 22-301(C)If Depositions are read in open court, the court reporter shall mark the entireDeposition or excerpt as court exhibits and ensure the exhibits are filed with theappellate court regardless of request therefore.Use Of {Sic} In Court TranscriptsThe Latin word “sic” means “thus, so, in that manner,” and writers traditionally use itto show that an original manuscript or document that is being quoted contains an errorin spelling or grammar or fact. In effect, the person who reproduces the quotedpassage is saying, “I found this error as you see it. I did not create it. I am onlyrewriting what someone else wrote.”Caution should be exercised before using {sic}, because one must be absolutely sure,first, that there is an error; second, that the record will not take care of the error itself13

C O U R TR E P O R T E RM A N U A Lby the context around it; and third, that the person committing the error is not animmediate superior who will be outraged to see the errors highlighted.The decision to use {sic} in official court transcripts rests with the official courtreporter unless there is a division policy in the court where they are employed.When using {sic}, it should have brackets around it.Backup TapesThe decision as to whether or not the official court reporter uses a backup tape tohis/her stenographic notes remains with the individual official court reporter.The backup tape is the personal property of the official court reporter and is not partof the “official record.” The official court reporter’s stenographic notes are the officialrecord in each judicial proceeding which is taken stenographically.Audio Sync Software ProgramsAudio backup files can now be provided through the court reporter’s productionsoftware.The official court reporter may or may not choose to use the audio sync feature oftheir software program.At this time, there is no requirement which mandates that official court reporters usethe audio sync feature of their software. The audio sync is considered the officialreporter’s personal backup and belongs to the official court reporter. Official courtreporters are not to provide copies of the audio sync file to requesting parties withoutCourt permission.Telephonic ProceedingsShould the court wish to have a proceeding done telephonically, the official courtreporter is responsible for ensuring that an accurate record can be taken via thetelephone. A parenthetical is also used to show when a telephonic hearing takes place.The official record is to reflect that the proceeding is being taken telephonically as wellas what parties are participating in the call.The judge is the only one who can swear in a witness during telephone conferences.Rule 22-206(D)Stenographic RecordsIf stenographic notes, computer or audio tapes or other audio recordings containingthe record of judicial proceedings and evidence taken by an official court reporter or14

C O U R TR E P O R T E RM A N U A Lcourt monitor are to be transcribed, a copy of the record, in American Standard Codeof Information Interchange (ASCII) format shall be filed with the court clerk of thecourt in which the proceeding is docketed. The record shall be stored on a compactdisc capable of being read or accessed on a CD-ROM which meets ISO 9660standards or on other data storage media used by the courts.Video tapes filed with the court shall be in a format used by the courts. Themaintenance, storage, distribution and reproduction of such notes, tapes, records,disks, discs and documents, including all exhibits and other evidence, shall be handledin the manner prescribed by the Administration office of the Courts. Disposition ofsuch records shall be in accordance with the disposition schedules approved by therecords and retention and disposition schedule approved by the Supreme Court.Rule 22-504(A)Retention ScheduleRetention of Notes(A) Retention Periods. Official court reporters shall retain their notes in accordancewith the Supreme Court approved records retention schedule. All other certifiedcourt reporters shall retain: (1) untranscribed shorthand or tape or other recordednotes of depositions or other proceedings, other than trial proceedings, for not lessthan three (3) years; (2) notes of transcribed depositions or other proceedingsdescribed in paragraph (1) of this paragraph, shall be retained for not less than one(1) year by the certified reporter who recorded the judicial proceeding.(B) Storage of Notes. The original paper notes shall be retained or an electronic copyof either the shorthand notes or the English transcript of the notes shall be storedon computer disk, cassettes, back up tape systems or optical or laser disk systems.All such notes shall be safely stored and appropriately identified and dated by thecourt reporter. Notes of all trial or other courtroom proceedings, whethertranscribed or not, shall be delivered to the clerk of the court or courtadministrator as provided under the Supreme Court’s Record Retention Schedule.Rule 22-206(E)Termination of EmploymentOfficial reporters leaving employment with the district court are to have allstenographic or electronic notes numerically logged by date and deposited with thecourt clerk prior to leaving. All district court cases stenographically taken are to bestored on disks or on other data storage media used by the courts and filed with thedistrict court clerk before departure. An ASCII backup of the reporter’s dictionaryshall be stored with the district court clerk.All disks, stenographic notes and tapes or other recordings of district court cases arethe property of the district court.15

C O U R TR E P O R T E RM A N U A LUpon termination from district court employment, the reporter shall leave a currenttelephone number and address with the district court clerk and the court administrator.It is the reporter’s responsibility to inform the district court clerk of changes of addressor telephone number. Arrangements for transcription production by reporters nolonger employed with the district court shall be made through the district court clerk.When the reporter is unavailable, the court administrator shall make arrangements forproduction of the transcripts pursuant to the Rules of Appellate Procedure.Transcripts produced after termination of employment shall be produced at theprevailing compensatory rate set by these rules.Rule 22-206(G)Outside ReportingSubject to the licensing requirements of these rules, an official court reporter mayengage in outside reporting, if the following criteria are met:1.the chief judge, presiding judge, court administrator or managing reporter hasgiven express authorization;2.the reporter’s official work is caught up and no transcripts are being preparedin which an extension of time has been granted by any court; and3.the reporter has been authorized to take annual leave during the time theoutside work is scheduled unless:a. the outside work is scheduled during hours that the court is not open forbusiness; orb. the reporter or monitor has been granted time off in compensation forovertime previously worked.The official reporter is responsible for completing, and getting approved, theappropriate form regarding outside employment. The request must first be approvedby the court administrator before outside work can be performed. Official courtreporters are to use time outside of regularly scheduled work hours to producefreelance work. Official court reporters are not to use court resources to producefreelance work. Court resources would include, but not be limited to, computers,printers, copiers, paper, disks, and other supplies.Parenthetical RemarksParenthetical remarks are notations in the official transcript that “clarify” the record.Parenthetical remarks are also known as “include” files.16

C O U R TR E P O R T E RM A N U A LWhile there is no mandatory list of parenthetical remarks, a list of those mostcommonly used in court can be found in Appendix A. of this manual.Preparation Of Appellate TranscriptsOfficial Reporters prepare appellate transcripts that are assigned to the general calendarby the Supreme Court of the Court of Appeals. Cases assigned to a summary or legalcalendar generally do not involve the preparation of transcripts.While getting notice of the general calendar assignment to the official court repor

FONT SIZE - Official/Freelance The suggested print font size is to be 10 to 12. The suggested text style is serif. TRANSCRIPT BINDING - Official/Freelance Transcripts shall be bound on the left side. FRONT TRANSCRIPT COVERS - Official/Freelance Transcripts shall be bound wi