Court Reporting Procedures and Ethics
Core concepts
A candidate must know the reporter's role as an officer of the court: administering oaths, preserving the record verbatim, certifying transcripts, and maintaining impartiality. Understand the difference between a deposition (out-of-court sworn testimony) and trial testimony, the handling of exhibits (marking, custody, and description in the record), and readback and read-and-sign procedures. Know the mechanics of sequestering witnesses, stipulations, and on/off the record transitions.
Ethics
Key duties include confidentiality, conflict-of-interest avoidance, accuracy over speed, and disclosure of any relationship with parties or counsel. A reporter may not give legal advice, alter a transcript to change meaning, or accept improper compensation.
Common traps
- Confusing the reporter's duty to clarify (ask a speaker to repeat) with a duty to interpret or summarize.
- Assuming off-the-record discussion is automatically part of the record-it is not unless the parties so stipulate.
- Treating a reporter's personal notes as the official record; the certified transcript is.
- Misunderstanding who may direct the reporter to go off the record.
Rule of thumb
When in doubt, stay on the record, state clearly what is happening ("Off the record at 10:14 a.m."), and log the time. Transparency protects both the record and the reporter.