Also known as: law reporters · reporter · law reports
Written by attorneys · grounded in primary & secondary sources — see below
An official who records the verbatim proceedings of a court, grand jury, or other legal hearing by stenographic or electronic means. The recording creates a permanent transcript that may be retained by the government and used in later proceedings.
During a grand jury investigation into corporate fraud, the government calls a witness to testify about financial records. The law reporter operates a recording device to capture every question and answer. The transcript later becomes available to the prosecution for preparing the indictment.
After a grand jury indicts a defendant for tax evasion, the prosecutor retains the recording made by the law reporter. Defense counsel later requests access to the transcript to prepare a motion to dismiss. The court orders limited disclosure under the rule governing retention of recordings.
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At a pretrial motion hearing the court makes oral findings on a suppression motion. The law reporter records the testimony and the court's rulings verbatim. The transcript is later used to preserve the record for appellate review.
During a preliminary hearing the magistrate hears testimony from an arresting officer. The law reporter records the proceeding by electronic device. A party later requests a copy of the transcript under the applicable rule.
A federal judge takes sworn testimony by telephone to support a search warrant application. The law reporter records the testimony verbatim by electronic device. The recording is transcribed and filed with the court.
At a supervised-release revocation hearing the court hears testimony from a probation officer. The law reporter records the entire proceeding. The transcript is retained for any subsequent appeal.
Federal Rule of Criminal Procedure 6(e)(1) requires that all proceedings except deliberations and voting be recorded by a court reporter or suitable device. The rule protects the integrity of the record while allowing the government to retain control of the transcript.
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Rule 6(d)(1) permits attorneys for the government, the witness, interpreters when needed, and the court reporter or recording operator to be present during the session. No other persons may attend.
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Rule 6(e)(1) expressly provides that the validity of a prosecution is not affected by an unintentional failure to make a recording. The rule focuses on good-faith compliance rather than perfect technical adherence.
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The transcript remains under the control of the government attorney unless the court orders otherwise. It may be disclosed only in accordance with the limited exceptions in Rule 6(e).
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…The docket entries, App. 2, and the transcript, App. 76, reveal this to be an error. The July date appears to be the time of the reporter's transcription. See App. 77. [^maj-7]: We need not consider what different result, if any, would follow if Dr. Hallford's intervention were on behalf of a class. His complaint in…