Official Court Reporters’ Best Prac ces Guide
This document is meant to provide an easy reference to all things that will
come up as you are fulfilling your duties as an official/deputy official
court reporter. The reporter should always check with the appropriate
jurisdiction to ensure there are no local rules that should be followed.
This guide does not replace the Uniform Format Manual promulgated by
the Texas Supreme Court; however, it is meant to offer guidance on some
of the most frequently-asked questions.
This is not meant to be construed as legal advice, and the contents should
not be construed as offering a legal opinion.
TRANSCRIPT DEADLINES RULES AND REGULATIONS
CIVIL
Standards & Rules for Certification of Certi-
· 60 days from date judgment signed (if fied
no motion for new trial filed) (TRAP Shorthand Reporters (CRCB)
35.1)
· Code of Professional Conduct
· 120 days from date judgment signed · Uniform Format Manual (UFM)
(if motion for new trial filed) (TRAP
· Government Code Chapter 52
35.1(a))
52.041—Appointment of Official Court
· 10 days from date of ruling: acceler-
Reporter
ated/restricted appeals (habeas corpus,
52.042—Deputy Court Reporter
writs,extraditions, suits affecting parent/
child relationships) 52.045—Oath
52.046—General Powers and Duties
CRIMINAL
52.047—Transcripts
· 60 days from date verdict received (if
· Texas Rules of Appellate Procedure (TRAP)
no motion for new trial filed) (TRAP
35.2) 13.1—Duties of Court Reporters
13.3—Priorities of reporters
· 120 days from date verdict received
13.4—Report of Reporters
(if motion for new trial filed) (TRAP
35.2 (b)) 13.5—Appointing Deputy Reporter
20—When party is Indigent
NOTE RETENTION
... the trial is over and I have exhibits? All exhibits should be filed with the District Clerk of the
county. All weapons, drugs, and items that are illegal per se, should be filed with the police au-
thority for that jurisdiction. In some counties it’s the Sheriff’s Department, in others it’s the po-
lice department. This is a question that you will have to ask the court staff (or other officials in
the county) for confirmation.
... the reporters record is ready to be filed? In a criminal case the original is filed with the appro-
priate appeals court in your jurisdiction and the copy MUST be filed with the District Clerk’s of-
fice. This is regardless of whether the defendant is indigent or not. The paying party can choose
to order a copy for their personal use, but a copy must still be filed with the Clerk. In a civil
case, the original is still uploaded to the appropriate appeals court; however, the copy is given to
the ordering party. It is a good practice to get in the habit of notifying the opposing side that the
record has been filed.
… the appeals court is selling copies of my reporter’s record? Unfortunately there is not much
you can do. It shouldn’t happen, but it does. The Supreme Court via the UFM has specifically
prohibited reporters from doing anything that would restrict copying of the record.
... I am acting as a deputy official in a new jurisdiction? As mentioned above, you should ensure
enough time to get all of your oaths sworn to and properly filed. Once you have that done, it is
advised that you contact the official and/or court staff to ascertain how the Judge in that particular
court likes things handled. Find out what, if any, supplies are provided and what you will need to
bring. In a lot of cases the official will have a calendar/diary book on their desk in the court-
room. If there is one present, sign your name and add your contact information so the official can
easily ascertain which deputy official took the record on a given day. It is also important to fill
out a deputy official log for each case that you write. An example of such a form can be found in
the UFM. A lot of counties have their dockets online. If the county you are subbing in is one of
those, pull up the docket and have your forms already filled out to hand to the court coordinator
to be filed in the Court’s file.
CONTESTING AN AFFIDAVIT OF INDIGENCY
First review all relevant statutes especially TRAP Rule 20 which sets out all deadlines. If the
affidavit is untimely, that should be your first objection raised at the hearing.
Next check the contents of the affidavit. Be careful when asking your questions that you do
not prove up their affidavit — you do not want to close the gaps of information they failed to
include.
Ask the Judge to take judicial notice of TRAP 20.1(k) - partial payment of costs and TRAP
20.1(l) Later ability to pay.
Remember that an appellant’s net worth does not necessarily translate into indigence. The
real question is whether the appellant is capable of paying for the appellate record.
SAMPLE QUESTIONS TO ASK AT HEARING
Are you currently represented by an attorney?
Are you going to hire an attorney?
Is an attorney providing free legal services to you without a contigent fee?
Has an attorney agreed to pay or advance court costs?
How are you employed? Why do you only work part-time? Can you find employment else-
where?
Have you turned down any jobs?
What is your educational background?
Are you retired and receiving any benefits?
Have you filed your tax return for this year?
Do you have any liquid accounts?
Do you have any children? If so, how many?
Do you or your spouse have the ability to obtain a loan for your court costs? Have you at-
tempted to obtain a loan?
Do you receive any form of governmental assistance (i.e. Disability, food stamps, welfare,
housing)
Where do you live? How do you pay your rent/mortgage?
Do you own any other homes/property besides the one you listed?
Do you have equity
Do you have equity in your home/property that you can borrow against to pay for an appellate
record?
Can you sell your home and move into more practical/affordable housing?
How many people reside with you?
Do you have cable TV or satellite?
Do you have basic phone services — call waiting, caller ID?
Do you have a cell phone?
Do you smoke?
Do you drink alcohol?
When is the last time you went out to eat?
Do you have life insurance with a cash value?
Have you posted bonds in your criminal cases? If so, how were you able to post those bonds?
EXAMPLE - CONTEST OF INDIGENCY
CAUSE NO.______________
PARTY * IN THE ________ COURT
VS. * ____ JUDICIAL DISTRICT
PARTY * ________ COUNTY, TEXAS
Wherefore, (Your Name) prays that this matter be set for hearing and that the Court
sustain this contest to the affidavit filed by Plaintiff/Appellant and order Plaintiff/Appellant
to pay costs in advance as required by the Texas Rules of Appellate Procedure. In the al-
ternative, (Your Name) prays that the Court determine the amount of costs, which Plaintiff/
Appellant can pay or give security for and order such payment or security.
Respectfully submitted,
_____________________________
Your Name
Official Court Reporter
Your Court
Your court’s address
Your phone number
EXAMPLE OF A CHAPTER 52 NOTICE
TO:
Pursuant to Rule IV, Standards and Rules for Certification of Certified Shorthand Report-
ers, as adopted and promulgated by the Supreme Court of Texas in conformity with Chap-
ter 52 of the Government Code VTCA, effective January 1, 1995, that requires disclosure
of requests for transcripts to all parties, you are hereby notified that a request has been
made for a transcript in the following case:
Cause No.:
Style:
Portion(s) ordered:
Ordered by:
If you wish to purchase a copy of the requested transcript, please contact me at ______.
Sincerely,
CSR Name
EXAMPLE OF AN OFFICIAL’S OATH
OATH OF OFFICE
OF
CSR NAME
AS
(DEPUTY) OFFICIAL COURT REPORTER, COURT NAME
“I, CSR NAME, do solemnly swear that I will faithfully execute the duties of the of-
fice of (Deputy) Official Court Reporter of the 85th District court of County Name of the
State of Texas, and will to the best of my ability preserve, protect, and defend the Constitu-
tion and laws of the United States and of this State; and furthermore, I solemnly swear that
I have not directly or indirectly paid, offered, or promised to pay, contributed, or promised
to contribute any money, or valuable thing, or promised any public office or employment,
as a reward to secure my appointment or confirmation thereof.”
“So help me God.”
____________________________________
CSR Name
____________________________________
Judge Name
Presiding Judge
Court Name
EXAMPLE OF OATH FOR DISTRICT CLERK
OATH OF OFFICE
OF
CSR NAME
AS
(DEPUTY) OFFICIAL COURT REPORTER
FOR COUNTY COURT AT LAW NO. 1
“I, CSR NAME, do solemnly swear or affirm that I will faithfully execute the duties
of the office of (Deputy )Official Court Reporter of Court Name of County Name of the
State of Texas, and will truly keep a current and impartial record of the evidence offered in
each case reported by me, together with the objections and the exceptions made by the par-
ties to the case and the rulings and remarks made by the Court in determining the admissi-
bility of evidence presented in the case, so help me God.
_____________ ____________________________________
Date CSR Name
_____________ ____________________________________
Date Clerk Name
District Clerk of County Name
EXAMPLE OF A DEPUTY OFFICIAL LOG
Pursuant to Rule 13.5 of the Texas Rules of Appellate Procedure appointing deputy report-
er, I hereby certify the following: The Judge of the above-named trial court designated the
undersigned as a deputy reporter in the above cause(s).
I, the undersigned deputy reporter, worked the following date in the above court and on the
above case: ___________________.
_________________________________________
Court Reporter Name
Address
City, State, Zip
CSR # ^^^^