The 10:15 That the Minutes Call 10:50
During a two-day felony trial, a court reporter is preparing the transcript from her stenographic notes and a backup audio file. At 00:42:17 the witness testifies about a time, but crosstalk from a bench conference makes the number unclear. The reporter’s notes read “10:15”; the audio sounds like “ten fifteen” but could be “ten fifty.” The court’s minutes, prepared by the clerk, list “10:50.” The judge’s clerk calls and says, “Just make it match the minutes; the judge wants the record clean, and the transcript is due in 48 hours.” The reporter also has a real-time file that was streamed to the judge, which shows “10:15.” The number matters because the prosecution’s timeline places the defendant at the scene at 10:30. The reporter has not yet certified the transcript.
1. What should the reporter do about the conflict between her notes, the audio, the real-time file, and the clerk’s minutes?
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Do not change the number to match the clerk’s minutes. The transcript must reflect what was said, not what the minutes summarize. The reporter should (1) re-listen to the audio at 00:42:17, (2) compare the stenographic notes and the real-time file, (3) check the witness’s earlier testimony and the prosecution’s timeline for context, and (4) if a second qualified listener is available, have that person listen independently. If the audio and notes still support “10:15,” keep “10:15.” If the audio is genuinely ambiguous, do not guess: use [inaudible 00:42:17] or a bracketed phonetic best effort with a note. Notify the judge’s clerk in writing that the minutes and the transcript conflict and that the reporter cannot alter the record to match the minutes. If the judge wants to correct the record, the judge should do so on the record or by written order; the reporter can then prepare a corrected transcript that identifies the correction.
2. If the judge later orders the transcript changed to “10:50,” how should the reporter make and document the change?
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The reporter should not make a silent edit. Ask for the correction to be placed on the record or in a written order. Then prepare a corrected transcript or errata sheet that states the original reading and the corrected reading, and reference the court’s order. The original notes and audio should be preserved. The certificate should not falsely state that the original transcript was accurate if it was altered; use a supplemental certificate or an errata page. The reporter’s duty is accuracy and impartiality, not consistency with the clerk’s minutes.
3. If the number remains unintelligible after a careful review, what notation and disclosure should the reporter use?
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Use a clear notation such as [inaudible 00:42:17] rather than inventing “10:15” or “10:50.” The certificate can still be signed because it attests to the reporter’s best effort, not to omniscience. If the number is material, the reporter should promptly tell the judge and parties so they can clarify the record on the record; the reporter should not privately resolve it with the clerk. Do not omit the passage silently, because omission misleads the appellate court about what the record contains.