The Justice Court Appeal and the Missing Record
You are a certified court reporter in a Mississippi county that has both a county court and a circuit court. A pro se plaintiff lost a $3,200 breach-of-contract case in justice court. He brings you a 22-minute cell-phone audio recording of the trial and asks you to 'prepare a certified transcript for my appeal to chancery court.' He insists the justice court judge admitted hearsay and wants the Mississippi Supreme Court to reverse. You did not report the trial; justice court has no court reporter. The plaintiff has already filed a notice of appeal in justice court and paid a $250 appeal bond. He wants the transcript in five days.
1. Is a justice court trial a court of record? What is the proper appellate path?
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Mississippi justice courts are not courts of record. A party who loses in justice court does not obtain a transcript of the justice court trial and ask the Supreme Court or chancery court to review it directly. The appeal goes to the appropriate trial court of general jurisdiction-circuit court, or county court where one exists-for a trial de novo. The case is tried anew, so the appellate court is not reviewing the justice court's evidentiary rulings in the same way it would review a circuit court record. The plaintiff's plan to appeal to chancery court is incorrect, and the Supreme Court is not the first appellate stop for a $3,200 justice court case. You can explain the general structure, but you should not give legal advice beyond directing him to the clerk or an attorney.
2. Should you prepare a certified transcript from the plaintiff's cell-phone recording?
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No. You did not report the proceeding, the recording is not an official court record, and you cannot certify that it is a complete and accurate transcript of what occurred. You may, if you choose, prepare a non-certified transcription of the recording as a separate service, but it must be clearly labeled as a transcription of a party's recording, not an official transcript. Do not attach your certification or court reporter seal to it. Explain that a certified transcript must be prepared by the reporter who made the official record, and justice court does not create that kind of record. If the plaintiff needs the audio preserved for some other purpose, he should consult an attorney about the proper procedure.
3. What can you tell him about the record and standard of review on appeal?
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Tell him that because the appeal is de novo, the new court will hear the case again rather than review a transcript for errors. That means his cell-phone recording is not the appellate record, and the justice court's hearsay ruling will not be reviewed on a transcript. He should focus on presenting his evidence and witnesses in the new trial. He may need to file the correct documents and pay the required fees or bond; the clerk can tell him the deadlines. You can explain the difference between a court of record and a court not of record, but avoid telling him what legal arguments to make. If he insists on a transcript, clarify in writing what you can and cannot certify.