During Trial

There are many duties of the court reporter during the actual proceedings. Of course, the most important duty is the actual verbatim recording of all proceedings. This also includes all actions of the witnesses, accused, counsel, and any other parties to the trial.

You may be required to remain in the courtroom during short recesses when the TC is unable to be present. You also will be tasked with securing the courtroom during meal recesses, overnight recesses, and any other period that necessitates the absence of the TC or yourself for extended periods. Make sure any evidence admitted during the trial is secured during such recesses or adjournments.

You are authorized, through the military judge, to stop the proceedings for various reasons. Keep these interruptions to a minimum. Some of the allowable reasons for stopping proceedings include the following:

. You did not hear the testimony of the witness. . You did not hear something said by any other

party to the trial. l Time is required to change tapes.

l Time is required to mark exhibits.

l Anything else that requires your attention to make an accurate verbatim transcript.

After Trial

After the trial is complete, you are responsible for retrieving all exhibits that were admitted in evidence (and those offered but not admitted) from the TC and DC, and any extra copies of these exhibits that are available. If charts, blackboards, or real evidence were introduced, you need to make the necessary arrangements to have these photographed immediately after the trial or, if time permits, during recesses or adjournments, as directed by the TC.

While the military judge or members see the physical evidence, the NMCMR, which has fact-finding power, must often rely on photographs or descriptions. The TC has the responsibility of making sure the substituted photographs or descriptions adequately depict the exhibit. While the use of a self-developing photograph is convenient, the resulting photograph is often virtually useless to the appellate courts. Do not overlook the use of local photographic offices to help in preparing adequate photographic representations of the trial exhibits.

After the proceedings you are responsible for cleaning up the courtroom for the next trial and preparing the report of result of trial and a confinement order, if necessary, for the TC.

Last but certainly not least, you may be responsible for the preparation of the record of trial in that court. Each NLSO conducts business differently. If you are assigned to the court reporting and transcription shop, you may be required, at times, to transcribe your own courts. However, cases may also be turned in to the supervisor who then assigns them to the next available transcriptionist for preparation. It is, therefore, very important to remember that you may not be the one assigned to transcribe the court you are recording, so do the best job possible.

Loss of Recordings

The military judge may, before authentication of the record, hold a posttrial session to repeat proceedings in which a verbatim transcript cannot be prepared because of loss of recordings.

Retention of Trial Notes

For cases in which a summarized record of trial is authorized, retain the notes or recordings of the original proceedings until the record is authenticated.

For cases in which a verbatim transcription is required, retain the verbatim notes or recordings of the original proceedings until completion of final action or appellate review, whichever is later.

The verbatim notes or recordings may be kept by the TC, an assistant, a court reporter, or the supervisor of the court reporting and transcription shop.

COURT REPORTING METHODS AND EQUIPMENT

You may use various types of equipment and methods to record and transcribe proceedings. The type of equipment and method used will depend largely upon the availability of equipment and the

method you have been trained to use. Proceedings may be recorded using longhand, shorthand, or by using either mechanical or electronic equipment. As a practical matter, however, recording proceedings using longhand would be unduly slow and cumbersome and should not be used except as a last resort when none of the other more effective methods and means of recording are available. To help you understand more fully these methods, a brief discussion of each is provided as follows.