Daily Copy, Real-Time Feed, and a Later Appeal
You are the official court reporter for a two-day civil jury trial in Oklahoma County District Court. At 3:40 p.m. on day one, plaintiff's counsel asks for a real-time feed for two associates and daily copy of the 180-page transcript by 7:00 a.m. the next morning. Defense counsel objects that the request is untimely and that the county should not absorb the cost. The judge turns to you and asks whether you can provide a rough ASCII disk tonight and a certified transcript later if an appeal is filed. You have a real-time hookup available, but no written request was made before trial; your scopist is off-site; the court's standing order requires daily-copy requests 24 hours in advance. The clerk needs the exhibit list by 5:00 p.m. today.
1. How should you respond to the judge's request for a rough ASCII disk tonight and a certified transcript later?
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Separate the two products clearly. A rough ASCII disk is an unedited working draft; it is not the official record and must be labeled Rough Draft - Not Certified on every disk, cover sheet, and file name. I can provide it tonight only if the judge orders it, because the request violates the standing 24-hour rule and my scopist is off-site. I should state on the record what the rough disk is, what it is not, and that it may contain untranscribed or unverified material. The certified transcript is a different product: it is prepared from my stenographic notes and audio backup, proofread, indexed, and signed with a reporter's certificate. I should not promise that a rough disk can simply be converted into a certified transcript without verification. I also should address fees: daily copy and real-time are premium services, and the requesting party ordinarily bears the cost unless the court orders otherwise. Finally, I should preserve my notes and backup audio because they are the basis for the later certified transcript.
2. What conditions should you attach to the real-time feed and daily copy?
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The conditions should protect the record and treat both sides equally. First, require a written request identifying who will receive the feed and who will pay. Second, apply the standing 24-hour rule unless the judge expressly waives it; the late request affects staffing and quality control. Third, require a deposit or written fee agreement before setup, because real-time and daily copy are outside the ordinary transcript rate. Fourth, limit the feed to the requesting party and its designees, but do not give one side a secret advantage: if the judge orders the feed over objection, the other side should know the terms and may request the same service on the same conditions. Fifth, make clear that the real-time feed is not the official transcript and may contain untranslated steno, name errors, or punctuation that will be corrected. Sixth, test the connection and assign a backup writer or audio channel so a equipment failure does not create a gap. If the judge orders immediate service, I comply, but I document the order and the limitations.
3. If notice of appeal is filed, what are your certification and filing obligations?
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Once an appeal is perfected, the rough disk is not the appellate record. I must prepare a certified transcript from my notes and backup audio, proofread it, and attach the reporter's certificate identifying the case, the proceedings, the number of pages, and my signature. Under Oklahoma practice the certified transcript is filed with the clerk and served on the parties as required by the appellate timetable; I should confirm the deadline and any extension procedure rather than assume the ordinary transcript deadline applies. I should not file the rough ASCII as the certified record or let anyone alter the certified text after signature. If a dispute arises about omitted or sealed material, I follow the court's order and note the limitation in the certificate or a separate notice. I retain my notes and backup audio because they may be needed if the transcript is challenged or if a corrected supplemental record is ordered.