NM Court Reporter flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Voir dire
- The preliminary examination of prospective jurors or a witness to test competency, bias, or qualifications; the reporter records the questions, answers, and any challenges for cause.
- Sustained objection
- A court ruling agreeing with an objection, excluding the question or answer from evidence; the reporter notes the ruling and any exception taken by counsel.
- Overruled objection
- A court ruling denying an objection and allowing the question or answer to stand; the reporter records the ruling verbatim and the testimony that follows.
- Offer of proof
- A statement by counsel describing excluded evidence for the appellate record; the reporter transcribes the offer and the court's ruling on admissibility.
- Hearsay
- An out-of-court statement offered to prove the truth of the matter asserted; the reporter records the statement, objection, and ruling without editorial comment.
- Stipulation
- A voluntary agreement between parties about a fact or procedure; when stated on the record, the reporter transcribes it exactly as agreed.
- Sidebar conference
- An off-the-record discussion at the bench between the judge and counsel; the reporter notes it in the transcript and records it only if directed by the court.
- Direct contempt
- Contempt committed in the presence of the court, such as disruptive conduct; the reporter's contemporaneous record often supports the court's finding and sanction.
- Judgment notwithstanding verdict
- A post-trial ruling setting aside a jury verdict; the reporter must record the motion, arguments, and the court's ruling exactly as stated.
- Reporter as officer of court
- A New Mexico court reporter is an officer of the court whose duties are defined by court rules; the reporter's record is the official record of proceedings.
- Administering the oath
- Before testimony, the reporter swears or affirms the witness on the record and notes 'WITNESS SWORN' or 'AFFIRMED' before questioning begins.
- Interpreter oath
- When a witness testifies in another language, the interpreter is sworn, and the reporter records both the interpretation and any objections to it.
- Transcript request procedure
- A party requests a transcript by written notice or court order; the reporter acknowledges the request and provides an estimated completion date, typically within 30 days.
- Exhibit marking
- The reporter assigns exhibit numbers or letters, records objections and rulings, and preserves the exhibit list as part of the official record.
- Reporter's certificate
- A signed and dated statement by the reporter certifying that the transcript is a true and correct record; it accompanies the filed transcript under NMRA Rule 1-105.
- Audio recording log
- When a proceeding is audio-recorded, the reporter or custodian logs start and stop times and preserves the original unedited file as the official record.
- Read-back of testimony
- On request, the reporter reads back prior testimony from notes; the read-back is itself recorded in the transcript to preserve the record.
- 25-line page format
- 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.
- Q. and A. format
- Testimony is set in question-and-answer form with 'Q.' and 'A.' at the left margin; speaker designations appear in full caps followed by a colon.
- Colloquy notation
- Non-testimonial events such as '(Off the record.)' or '(Recess.)' are set off and indented in parentheses to distinguish them from testimony.
- Transcript index
- A front-matter list of witnesses, exhibits, and page/line references; exhibit pages are marked with the exhibit number in the margin.
- Proofreading before certification
- The reporter verifies speaker attribution, page/line references, and consistency of names, dates, and exhibit numbers before signing the certificate.
- Errata sheet
- A separate filing used to correct a certified transcript; the original transcript remains part of the record unless the court orders otherwise.
- Caption block
- The heading on page 1 of a transcript containing the court, case number, parties, and title of the proceeding, formatted per court rules.
- Page and line numbering
- Each transcript page is numbered sequentially and each line is numbered 1 through 25, enabling precise citations such as 'page 12, line 7'.
- Exhibit page marking
- Pages containing exhibits are marked with the exhibit number in the margin and indexed so the appellate court can locate them easily.
- Impartiality duty
- Court reporters must remain neutral and may not discuss case facts, testimony, or rulings with parties, counsel, or the public outside the record.
- Confidentiality of transcripts
- Transcripts and reporter notes are confidential court records; release requires a court order, statutory authorization, or consent as permitted by law.
- Conflict of interest disclosure
- A reporter must disclose any family or financial relationship with a party or counsel before accepting an assignment and must decline if impartiality is compromised.
- Gifts and favors prohibition
- Reporters may not accept gifts or favors that could influence transcript accuracy or timing; compensation is limited to authorized fees.
- Ex parte communication ban
- Reporters may not communicate ex parte with a judge or party about a pending matter; all substantive communication occurs on the record.
- Records security
- Reporters must secure notes, audio files, and drafts; electronic files are backed up and access is limited to authorized personnel.
- False certification
- Knowingly certifying a false or altered transcript is a professional violation and grounds for discipline under court rules and professional conduct standards.