CER Certified Electronic Reporter study materials
CER Certified Electronic Reporter study resources

CER Certified Electronic Reporter: Legal and Judicial Proceedings: Participants, Procedure, and Terminology

CER Certified Electronic Reporter · Work through your exam, one topic at a time.

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Legal and Judicial Proceedings: Participants, Procedure, and Terminology

Participants you must identify accurately

Questions test whether you can name and designate everyone in a proceeding: the court (judge or magistrate), clerk, bailiff, jury, parties (plaintiff or petitioner, defendant or respondent), counsel appearing "on behalf of," witnesses (lay versus expert), guardian ad litem, and sworn interpreters. Transcript designations follow a speaker's role: THE COURT, MR. HALE, THE WITNESS. A change of counsel or a substitution of party must be captured when it happens, not reconstructed later from memory.

Procedure and the vocabulary around it

Know the arc: calendar call, arraignment and plea, voir dire of the jury panel, opening statements, the plaintiff's or state's case-in-chief, direct and cross-examination, redirect, recross, motions such as directed verdict, closing arguments, jury instructions or charge, verdict, and in criminal matters sentencing and allocution. Sidebars and bench conferences may be on or off the record; an in camera review occurs outside the public record; a proffer or offer of proof describes evidence the factfinder will not hear unless it is admitted.

Classic traps: confusing "sustained" (the objection is upheld, the answer is stricken, the witness does not answer) with "overruled" (the objection is denied and the answer stands); calling redirect "cross"; recording a proffer as though it were admitted evidence; and assuming every bench conference belongs in the transcript.

Rule of thumb: capture the objection, its stated ground, and the ruling as one unbroken block, because appellate courts read exactly that sequence.

Worked example: "MR. KLINE: Objection, hearsay. THE COURT: Sustained." Three elements, one passage, verbatim, with no editorial cleanup.