Court Reporting Practice and Procedure
The Core Duty
A court reporter's central obligation is to make a verbatim, accurate record of proceedings. In Arkansas practice, the reporter is an officer of the court whose transcript is the official record on appeal. Understand the sequence: swear or affirm the witness, make the record, preserve exhibits, and produce a certified transcript.
Concepts to Master
- The oath: Witnesses must be placed under oath or affirmation before testifying; the reporter administers it and notes it on the record.
- Making the record: On-the-record statements, sidebars, and rulings must be captured. Off-record discussions are not part of the record unless the parties restate them.
- Exhibit handling: Note markings, offers, objections, and rulings on admission.
- Realtime and CART contexts: Distinguish judicial reporting from communication access (CART), where the consumer controls the setting.
- Speaker identification: Use clear designations (THE COURT, MR. SMITH) so the transcript is unambiguous.
Common Traps
Questions often test whether the reporter may summarize, clarify, or editorialize. The answer is almost always no-report the words spoken, including colloquialisms, without cleaning them up unless a rule permits. Another trap is the difference between an objection made and a ruling issued; both must appear. Watch for questions implying the reporter decides admissibility-that is the judge's role.
Rule of Thumb
If it was said on the record and is relevant to the proceeding, capture it verbatim; if it was said off the record, it does not exist for appellate purposes until restated. When in doubt, ask the court to put the matter on the record rather than guessing.
Worked Example
During a sidebar, counsel whispers an objection the reporter cannot hear. Correct practice: after the sidebar, ask the court to restate the objection and ruling on the record so the transcript is complete.