Written by attorneys · grounded in primary & secondary sources — see below
A written copy of oral testimony or proceedings taken down by a court reporter or recording device. The record preserves statements made under oath for use in later stages of litigation or on appeal. Any party may arrange for transcription of a deposition or other recorded proceeding.
Sources & Authorities
How it applies
Common Examples
6
Deposition Transcription Arrangement
Tanner Thompson notices a deposition of a key witness in a contract dispute. After the session ends, Tanner arranges for a certified court reporter to prepare a written transcript of the testimony. The opposing party later requests a copy and pays the required fee to obtain it for trial preparation.
Grand Jury Recording Control
Tessa Takahashi serves as government counsel in a federal grand jury investigation. The court reporter records all testimony except during deliberations. After the session, Takahashi retains custody of the recording and any resulting transcript unless the court directs otherwise.
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Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Casebooks
Dictionaries
Tara Tran designates a non-stenographic deposition for use at trial in a civil antitrust case. Thirty days before trial, she files the required pretrial disclosures that include a transcript of the pertinent portions of the deposition testimony.
Subpoena for Presidential Tapes
The special prosecutor issues a subpoena duces tecum seeking White House tapes and related transcripts of meetings. The President releases edited versions of some transcripts but withholds others, prompting litigation over production of the complete records.
United States v. Richard M. Nixon, President of the United States418 U.S. 683, 710 (1974)
Pleading Reliance on Transcript
Theodore Tucker files a complaint alleging an antitrust conspiracy among telecommunications carriers. The pleading draws inferences from statements in a newspaper article rather than from any official transcript of the executive's remarks, leading the court to scrutinize the sufficiency of the factual allegations.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Preliminary Hearing Transcript Use
Timothy Tang faces statutory rape charges and the prosecution seeks to introduce testimony from the preliminary hearing. The court reviews the certified transcript of the victim's sworn statements to determine whether the evidence satisfies constitutional and evidentiary requirements for admission at trial.
Michael M. v. Superior Court of Sonoma County450 U.S. 464, 477–479, 101 S.Ct. 1200, 1208–1209 (Stewart, J., concurring)
Common questions
Frequently Asked
4
Who bears the cost of preparing a deposition transcript?+
The noticing party initially bears the recording costs. Any other party may arrange for transcription and must pay the reasonable charges for a copy.
Supporting sources
When must a grand jury proceeding be recorded?+
All proceedings except deliberations and voting must be recorded by a court reporter or suitable device. An unintentional failure to record does not invalidate a prosecution.
Supporting sources
What must a party include in pretrial disclosures regarding deposition testimony?+
A party must designate witnesses whose testimony will be presented by deposition and, if the deposition was not taken stenographically, must supply a transcript of the pertinent parts.
Supporting sources
How does a transcript function in appellate review for indigent defendants?+
When a state provides appellate review, it must furnish a free transcript to an indigent defendant if the transcript is necessary for meaningful review. Denial on the basis of inability to pay violates equal protection.
Supporting sources
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…as well as a denial of due process. [^maj-2]: (Majority n. 2) The ruling appears in the following portion of the hearing transcript: Counsel: "Your Honor is making a finding by the preponderance of the evidence." Court: "Well, it convinces me." Counsel: "It's not beyond a reasonable doubt, Your Honor." Court:…