Appeal Transcript, Off-the-Record Sidebars, and Competing Counsel Requests
You are the court reporter for a three-day jury trial in New Mexico state district court that ended with a $480,000 plaintiff's verdict. The defendant files a notice of appeal and designates the entire record, including all bench conferences and exhibits. The appellant's attorney sends you a letter asking you to 'omit all sidebars, objections, and arguments on motions in limine to keep the transcript under 600 pages and reduce cost.' The appellee's attorney sends a competing letter demanding a 'complete, unabridged transcript with every bench conference.' Your notes show 22 bench conferences. For 14 of them, you were at the bench and recorded the whispers; for 8, the judge waved you away and said, 'This one is off the record.' You also have 38 exhibits, some sealed. Your transcript software defaults to 25 lines per page, but the court's local format requires 28 lines per page with line numbers and a full index. The deadline is 30 days from the notice of appeal.
1. How should you respond to the appellant's request to omit sidebars, objections, and motions in limine?
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Do not comply with the appellant's request to omit material merely to reduce cost. The transcript must reflect the proceedings designated by the court and the rules; objections, rulings, sidebars on the record, and arguments on motions in limine are part of the record and may be essential to appellate review. A party cannot unilaterally narrow the record by letter. If the appellant believes the designation is too broad, the remedy is a motion to the court, not a private instruction to the reporter. Tell both counsel that you will prepare the transcript from the official designation and any court order. Keep the letters in your file.
2. How should the 8 off-the-record bench conferences be represented in the transcript?
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For the 8 bench conferences the judge placed off the record, do not invent content and do not include whispered material you may have overheard. Insert a neutral notation at the correct point, such as '(Bench conference held off the record.)' or '(Discussion at the bench not reported.)' If the judge said 'off the record,' the transcript should show that the conference occurred but not its substance. For the 14 recorded bench conferences, transcribe them if they are part of the designated record. Identify all placeholders in the index or a separate log so the parties can see what was not reported.
3. What formatting and certification choices should you make?
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Use the court's required 28-line pages with line numbers, consecutive page numbers, and a full index. Include an exhibit list; mark sealed exhibits as sealed and do not reproduce sealed content unless the court orders it. The certificate should state that the transcript is a true and accurate record of the proceedings reported, identify the reporter, the date, and any portions not reported. Do not certify to the accuracy of off-the-record matters or sealed exhibits you did not transcribe. Before filing, compare the rough draft against the stenographic notes; the rough draft is not the certified record.