Also known as: Reporters Notes · Reporter's Notes · Reporters' Notes · case reporter notes · annotation notes
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The shorthand or recorded notes taken by a court reporter during grand jury proceedings. An attorney for the government retains control of the notes and any transcript unless the court orders otherwise. An unintentional failure to record does not affect the validity of a prosecution.
Background information accompanying sections in a Restatement that explains the development of the rule and references court decisions applying it.
Each sense below has its own examples, sources, and questions.
The shorthand or recorded notes taken by a court reporter during grand jury proceedings. An attorney for the government retains control of the notes and any transcript unless the court orders otherwise. An unintentional failure to record does not affect the validity of a prosecution.
Select any source to read its text and confirm it supports the definition.
Background information accompanying sections in a Restatement that explains the development of the rule and references court decisions applying it.
Select any source to read its text and confirm it supports the definition.
Riley Rivera testified before a federal grand jury investigating billing fraud. The court reporter became ill and left before the session ended, leaving a portion unrecorded. The prosecutor retained the existing reporter's notes and transcript. Riley later moved to dismiss the indictment based on the incomplete record, but the court denied the motion.
Ronald Reed challenged the search of a friend's home conducted under an arrest warrant. The validity of the warrant and supporting probable cause determination became relevant when Reed argued improper execution of the search.
An attorney for the government retains control of the recording, the reporter's notes, and any transcript unless the court orders otherwise.
Supporting sources
No. The rules expressly provide that the validity of a prosecution is not affected by an unintentional failure to make a recording.
Supporting sources
Ravi Reddy sued after a car accident and faced a contributory negligence claim. The defense relied on a sudden emergency that required rapid decision. Reporter's notes from the Restatement section on contributory negligence supplied background on how courts weigh such emergencies when assessing reasonableness.
Rina Rahman sued Aluminum Company of America for breach after cost overruns made performance commercially impracticable. Counsel consulted reporter's notes to the relevant Restatement section to trace the evolution from strict impossibility to modern impracticability standards.
Regina Robinson sued a news producer for defamation and sought internal editorial notes. The producer resisted production, arguing the notes revealed protected thought processes of the journalists involved.
Reliance Insurance faced a tort claim arising from an out-of-state incident. Counsel examined reporter's notes to the Restatement section on conflict of laws to determine whether the forum should apply its own law or the law of the place of injury.
They provide background on the section's development and reference court decisions that have applied or interpreted the rule.
Supporting sources
…Covenant of Good Faith and Fair Dealing as a Tort (1985) 73 Cal.L.Rev. 1291, fn. 3 [hereafter Reconstructing Breach ]). As the reporter's notes to Restatement Second of Contracts, chapter 16, section 344 et seq., pages 101-102, state, "a breach of contract will result in a gain in economic efficiency' if the party contemplating…