Reporters in Courts of Justice

CCP Part 1, Title 4, Chapter 3 deals with phonographic reports in courts of justice in this state. Section 269 requires an official reporter or official reporter pro tempore of the superior court to take down in shorthand all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury, and statements and remarks made and oral instructions given by the judge or other judicial officer, in three specified cases.

In addition, if a transcript is ordered by the court or requested by a party, or if a nonparty requests a transcript that the nonparty is entitled to receive, the official reporter or official reporter pro tempore is required to write the transcripts out within a reasonable time after the trial of the case that the court designates.

And, if a defendant is convicted of a felony, after a trial on the merits, the record on appeal is required to be prepared immediately after the verdict or finding of guilt is announced, unless the court determines that it is likely that no appeal from the decision will be made.

Section 271 requires an official reporter or official reporter pro tempore to deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, unless any of three specified conditions apply. If a paper transcript is delivered in lieu of an electronic transcript, within 120 days of the official reporter or official reporter pro tempore filing or delivering the paper transcript, the official reporter or official reporter pro tempore must provide, upon request, a copy of the original transcript in PDF if the proceedings were produced with computer-aided transcription equipment. 

In addition, an electronic transcript must comply with any format requirement imposed. However, an official reporter or official reporter pro tempore cannot be required to use a specific vendor, technology, or software to comply with this section. In adopting transcript format requirements for the California Rules of Court, consideration is to be given on a technology-neutral basis to the availability of relevant vendors of transcript products, technologies, and software.

Section 273 provides that the report of the official reporter, or official reporter pro tempore, of any court, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of that testimony and proceedings. A rough draft transcript cannot be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore.

Section 274a authorizes any judge of the superior court to have any opinion given or rendered by the judge in the trial of a felony case or an unlimited civil case, or any necessary order, petition, citation, commitment or judgment in specified proceedings to be taken down in shorthand and transcribed together with such copies as the court may deem necessary by the official reporter or an official reporter pro tempore of the court.