Appendix A. Standards for Preparation of Electronic Transcripts
Effective January 1, 2022
(1) Page Size.
The Transcript shall be prepared using 8 ½ x 11 inch page size.
(2) Numbering.
(a) Each volume of the Transcript, including an exhibit volume, shall be independently and consecutively numbered. All pages of the Transcript, including the front page (see Appendix A(12)), shall be consecutively numbered at the bottom. Each volume shall begin with numeral one on its front page.
(b) The lines of each page shall be numbered. Except as provided below, each page shall contain no less than twenty-five (25) lines unless it is a final page. Page numbers or header notations shall not be considered part of the 25 lines of text.
(c) Exception: A page break may be inserted before and after sidebar conferences, bench conferences, and hearings on motions. Court Reporters are required to reduce the page count for billing purposes by one-half page for every page of Transcript that includes a sidebar conference, bench conference, or hearing on motions that is marked by such a page break.
(3) Margins.
The margins for the text shall be as follows:
Top margin: one (1) inch from the edge of the page.
Bottom margin: one (1) inch from the edge of the page.
Left margin: Text shall begin no more than one (1) inch from the edge of the page.
Right margin: Text shall end one (1) inch from the edge of the page.
(4) Indentations.
Certain text may be indented as follows:
(a) Q and A. All “Q” and “A” designations must begin at the left margin. A period following the “Q” and “A” designation is optional. The statement following the “Q” and “A” must begin on the fifth (5th) space following the “Q” or “A” (or period if used following the “Q” or “A” designation). Subsequent lines must begin at the left margin.
(b) Depositions read at trial. The indentations for “Q” and “A” must be the same as described above. In the Transcript, each question and answer read from a deposition must be preceded by a quotation mark. At the conclusion of the reading, a closing quotation mark must be used.
(c) Colloquy. Speaker identification must begin on the tenth (10th) space from the left margin, followed immediately by a colon. The statement must begin on the third (3rd) space after the colon. Subsequent lines must begin at the left margin.
(d) Quotations. Quoted material other than depositions must begin on the tenth (10th) space from the left margin, with additional quoted lines beginning at the tenth (10th) space from the left margin, with appropriate quotation marks used.
(5) Header Notations.
The Court Reporter shall note in boldface capital letters at the top of each page where a witness' direct, cross, or redirect examination begins. Header notations of other types of persons and/or events are permitted but not required. Listing the last name of the witness or other party and the type of examination or other event is sufficient.
(6) Typeface and Line Spacing.
The font, which must be 12-point type or smaller, shall be one of the fonts listed in Appellate Rule 43(D) and black in color. Lines shall be double-spaced.
(7) Interruptions of Speech.
Interruptions of speech must be denoted by the use of a dash at the point of interruption, and again at the point the speaker resumes speaking.
(8) Reporting Verbal Expressions.
Except as noted below, the Transcript must contain all words and other verbal expressions uttered during the course of the proceeding.
(a) Striking of Portions of the Proceeding.
No portion of the proceeding must be omitted from the record by an order to strike. The material ordered stricken, as well as the order to strike, must appear in the Transcript.
(b) Editing of Speech.
The Transcript must provide an accurate record of words spoken in the course of proceedings. All grammatical errors, changes of thought, contractions, misstatements, and poorly constructed sentences must be transcribed as spoken.
(c) Indiscernible or Inaudible Speech.
Every effort should be made to produce a complete Transcript; however, the Court Reporter may label a portion of the Transcript “indiscernible” or “inaudible” if it is impossible to transcribe the record.
(d) Private Communications.
Private communications and off the record conversations inadvertently recorded must not be included in the Transcript.
(e) Standard Summary Phrases.
(i) Call to Order, Swearing in, Affirmation of Witnesses or Jurors, and other customary introductory statements must be noted in the Transcript using standard summary phrases.
(ii) Standard summary phrases must appear in parentheses or brackets and begin with an open parenthesis or bracket on the fifth (5th) space from the left margin, with the phrase beginning in the sixth (6th) space from the left margin.
Examples: (Call to Order of the Court)
(The Jury is Sworn)
(The Witness is Sworn)
(The Witness is Affirmed)
(f) Identification of Speakers.
All speakers must be properly identified throughout the Transcript, initially by their full name, thereafter by the following designations or courtesy titles, in capital letters indented ten (10) spaces from the left margin.
The judge shall be identified as THE COURT
An attorney shall be identified as MR., MRS., MS., or MISS (last name)
A witness shall be identified as THE WITNESS
An interpreter shall be identified as THE INTERPRETER
The defendant in a criminal case shall be identified as THE DEFENDANT
(9) Speaker/Event Identification.
References to speakers and events that occur throughout proceedings must be properly noted in capital letters and centered on the appropriate line.
Examples:
AFTER RECESS
DIRECT EXAMINATION
CROSS EXAMINATION
REDIRECT EXAMINATION
RECROSS EXAMINATION
FURTHER REDIRECT EXAMINATION
PLAINTIFF’S EVIDENCE
PLAINTIFF RESTS
DEFENDANT’S EVIDENCE
DEFENDANT RESTS
PLAINTIFF’S EVIDENCE IN REBUTTAL
(10) Parenthetical Notations.
Parenthetical notations must begin with an open parenthesis or bracket on the fifth (5th) space from the left margin, with the remark beginning on the sixth (6th) space from the left margin. Parenthetical notations in a Transcript are a Court Reporter’s own words, enclosed in parentheses or brackets, recording some action or event. Parenthetical notations should be as short as possible but consistent with clarity and standard word usage.
Parenthetical notations are used for (a) customary introductory statements such as a call to order of court or swearing in a witness, and (b) indicating non-verbal behavior, pauses, and readback/playback.
(a) The following parenthetical notations should be used to designate portions of proceedings:
(i) Proceedings Started, Recessed, and Adjourned, with Time of Day and Any Future Date Indicated where Appropriate.
Examples:
(Recess at 12:00 p.m.)
(Recess at 12:00 p.m. until 1:30 p.m.)
(Proceedings concluded at 5:00 p.m.)
(ii) Jury In/Out.
Examples:
(Jury out at 2:15 p.m.)
(Jury in at 2:40 p.m.)
If a jury is involved, it is essential to indicate by the proper parenthetical notation whether the proceeding occurred: in the presence of the jury, out of the presence of the jury, out of the hearing of the jury, prior to the jury entering the courtroom, or after the jury left the courtroom.
(iii) Defendant Present/Not Present. In criminal trials, this designation must be made if not stated in the record by the judge.
(iv) Bench/Side Bar Conferences. This designation must note whether the bench/side bar conference is on or off the record. If all the attorneys in court are not participating in bench/side bar conference, the parenthetical notation must so indicate.
Examples:
(Bench conference on the record)
(Bench conference off the record with Mr. Johnson and Ms. Smith)
(At side bar on the record)
(At side bar)
(End of discussion at side bar)
(v) Discussions off the Record. This designation must note where the discussion took place.
(vi) Chambers Conferences. This designation must note the presence or absence of parties in chambers.
Examples:
(Discussion off the record in chambers with defendant not present)
(Discussion on the record in chambers with defendant present)
(b) The following parenthetical notations should be used for nonverbal behavior, pauses, and readback/playback.
(i) Nonverbal Behavior, Pauses. Attorneys, and judges in some instances, should note for the record any nonverbal behavior (e.g. physical gestures, lengthy pauses by witnesses). Parenthetical phrases may be used to indicate physical gestures to which attorneys or judges refer.
Examples:
(Nods head up and down)
(Shakes head from side to side)
(Indicating)
If an attorney or judge refers to a physical gesture, but the nature of the gesture is specified in the log notes, then the transcriber may use the parenthetical phrase “(inaudible response).”
(ii) Readback/Playback. All readbacks and/or playbacks and the party requesting must be noted parenthetically as follows:
If the question and/or answer requested to be read or played back appears on the same page as the request, the following parenthetical must be used: (The last question and/or answer was read/played back)
If the question and/or answer, or both, appear on a previous page, the Court Reporter should restate the question and/or answer in full, with appropriate quotation marks and parentheses.
(11) Volume.
A Transcript volume shall be a single PDF or PDF/A file consisting of no more than two hundred fifty (250) pages. Each volume shall be numbered. All pages of the Transcript volume, including the front page (see Appendix A(12)), shall be consecutively numbered at the bottom starting with numeral one on each volume’s front page.
Multiple hearings shall be combined into a single volume until the volume reaches no more than two hundred fifty (250) pages or fifty megabytes (50MB). A volume may be less than 250 pages to avoid splitting a hearing between volumes. If a single volume exceeds fifty megabytes (50MB), the number of pages may be fewer than two hundred fifty (250) pages. The table of contents volume shall note each such instance of reduced page count.
(12) Front Page.
The front page of each volume shall conform to Form #App.R. 28-1.
(13) Table of Contents.
The Court Reporter shall prepare a table of contents for the entire transcript. Only one table of contents should be prepared even if multiple hearings are transcribed. The table of contents shall list each witness and the volume and page where that witness's direct, cross, and redirect examination begins. The table of contents shall identify each exhibit offered and shall show the Transcript volumes and pages at which the exhibit was identified and at which a ruling was made on its admission in evidence. The table of contents shall be a separate volume.
(14) Index of Exhibits.
The Court Reporter shall prepare an index of all of the exhibits. The index of exhibits shall be placed in the front of the first volume of exhibits and should not be included in any subsequent exhibit volumes. The index of exhibits shall identify each exhibit’s number or letter, the name of the party that offered the exhibit into evidence, and the exhibit volume and page number where the exhibit is located.
(15) File Formatting and Size.
The electronic Transcript must be saved in one (1) or more files in either searchable Portable Document Format (“searchable PDF”) or in searchable Portable Document Format for Long-Term Preservation (“searchable PDF/A”). Each file must be no more than two hundred fifty (250) pages or fifty megabytes[1] (50 MB). Each file must be named using the following convention: CaseNumber-DocumentType-volume#.pdf (e.g., 53C031601MI00123-Transcript-1.pdf, 53C031601MI00123-Transcript-2.pdf, 53C031601MI00123-Exhibit-1.pdf, 53C031601MI00123-Exhibit-2.pdf). Valid document types include: Table of Contents, Transcript, Index, and Exhibit.
(16) Electronic Storage Devices.
The Court Reporter shall transcribe the evidence on one or more sequentially numbered electronic data storage devices for each complete transcription. Approved media for electronic storage include USB flash memory drives, compact discs (CDs), and digital versatile discs (DVDs) specifically formatted to store electronic data in a File Allocation Table (FAT) or File Allocation Table 32 (FAT-32) file system. CDs and DVDs should be prepared for distribution (e.g., finalized, closed session) to ensure that the files can be opened by the Clerk. Each electronic data storage device shall be labeled or tagged to identify the names of the parties and case number in the proceedings in the trial court; the Court on Appeal case number, if known; the device sequence number, if more than one (1) device is required for a complete Transcript; the signature of the Court Reporter.
(17) Original Version.
The Court Reporter shall retain a copy of the electronic Transcript in the original word processing version used for the transcription.
(18) Signature.
All electronic documents that require a signature must include a person’s signature using one of the following methods:
(a) a graphic image of a handwritten signature, including an actual signature on a scanned document; or
(b) the indicator “/s/” followed by the person’s name.
(19) Malware.
The Court Reporter shall take reasonable steps to ensure that the Transcript and other files do not contain malicious software (“malware”), such as viruses, worms, and Trojan horses. Any files that contain malware will be rejected. Rejection of a filing because it contains malware will not necessarily excuse a late filing.