NM Court Reporter cheat sheet

New Mexico court reporters are officers of the court; their duties are governed by the Rules of Appellate Procedure and the District Court Rules (Rule 1-105 NMRA et seq.).

A reporter must swear or affirm the witness before testimony; the oath is administered on the record and the reporter notes 'WITNESS SWORN' or 'AFFIRMED' before questioning begins.

When a witness testifies in a language other than English, the interpreter is sworn, and the reporter records both the interpreter's interpretation and any objections to interpretation.

A request for a transcript is made by written notice or court order; the reporter must acknowledge and provide an estimate of completion, typically within 30 days of the request.

The reporter marks and preserves exhibits by number or letter and records all objections, rulings, and offers of proof made during the proceeding.

Under NMRA Rule 1-105, the reporter certifies the transcript as a true and correct record; the certificate is signed and dated and accompanies the filed transcript.

If a proceeding is reported by audio recording, the reporter or custodian must log the recording, note the start and stop times, and preserve the original unedited file.

A reporter may be called to read back testimony on the court's or a party's request; the read-back is taken from the reporter's notes and is itself recorded in the transcript.

New Mexico transcripts use 25 numbered lines per page on legal-size paper, with a minimum 1-inch left margin for binding and a caption block on page 1.

The official transcript certificate states the reporter's name, certification number, the date, and that the transcript is a true and correct record of the proceedings.

Each page carries the case caption or a short title, page number, and the reporter's name or initials; deposition transcripts also include the witness name and volume number.

Testimony is set in a question-and-answer format: 'Q.' and 'A.' at the left margin, with speaker designations (e.g., 'THE COURT:', 'MR. SMITH:') in full caps followed by a colon.

Colloquy and parentheticals such as '(Off the record.)' and '(Recess.)' are set off and indented; non-verbal events are noted in parentheses.

The transcript index lists witnesses, exhibits, and page/line references; exhibit pages are marked with the exhibit number in the margin.

Proofreading requires verifying speaker attribution, page/line references in the index, and consistency of names, dates, and exhibit numbers before certification.

Errata sheets are filed separately when a correction is needed after certification; the original transcript remains part of the record unless the court orders otherwise.

Sustained means the court agrees with an objection and the question or answer is excluded; overruled means the objection is denied and the testimony proceeds.

Voir dire is the examination of prospective jurors or witnesses to test competency or bias; the term is pronounced 'vwar deer' and is often used for jury selection.

A proffer or offer of proof preserves excluded testimony for appellate review; the reporter records the offer and the court's ruling.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; the reporter records objections and the court's ruling without editing.

Stipulation is an agreement between parties on a fact or procedure; when read into the record, the reporter transcribes it verbatim.

A sidebar or bench conference is an off-the-record discussion at the bench; the reporter notes it and, if requested, records it outside the jury's hearing.

Contempt of court may be direct (in the presence of the court) or indirect; the reporter's record of the conduct is often the basis for the finding.

A judgment notwithstanding the verdict (JNOV) and a directed verdict are post-trial or trial rulings that must be recorded exactly as stated by the court.

Court reporters must be impartial; they may not discuss case facts, testimony, or rulings with parties, counsel, or the public outside the record.

Transcripts and reporter notes are confidential court records; release requires a court order, statutory authorization, or the consent of all parties as permitted by law.

Reporters must disclose any conflict of interest, such as a family or financial relationship with a party or counsel, before accepting an assignment.

A reporter may not accept gifts or favors that could influence the accuracy or timing of a transcript; compensation is limited to authorized fees.

Ex parte communication with a judge or party about a pending matter is prohibited; all substantive communication occurs on the record.

Reporters must maintain the security of notes, audio files, and drafts; electronic files are backed up and access is limited to authorized personnel.

Certification of a transcript is a professional representation of accuracy; knowingly certifying a false or altered transcript is grounds for discipline.

Under the New Mexico Rules of Professional Conduct and court rules, reporters must report known violations of reporting standards to the appropriate authority.