IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

ORDER ADOPTING THE UNIFORM FORMAT MANUAL
FOR THE TEXAS COURT REPORTERS AND AMENDING
COURT OF CRIMINAL APPEALS ORDER DIRECTING THE
FORM OF THE APPELLATE RECORD IN CRIMINAL CASES

Effective May 1, 1999

IT IS ORDERED THAT:

Section B of the Court of Criminal Appeals Order Directing the Form of the Appellate Record in Criminal Cases, Texas Rules of Appellate Procedure, Appendix, is amended to read as follows, effective May 1, 1999:

(1) The court reporter must prepare and file the reporter's record in accordance with Rules 34.6 and 35 and the Uniform Format Manual for Texas Court Reporters. Even if more than one notice of appeal or request for preparation of the record is filed, the reporter should prepare only one record in a case.

(2) In the event of a flagrant violation of this Order in the preparation of a reporter's record, on motion of a party or on the court's own initiative, the appellate court may require the court reporter, to amend the reporter's record or to prepare a new reporter's record in proper form--and provide it to any party who has previously made a copy of the original, defective reporter's record--at the reporter's expense. Failure of a reporter to comply with the requirements of the Uniform Format Manual for Texas Court Reporters is also subject to discipline by the Court Reporter's Certification Board.

BE IT FURTHER ORDERED that the Clerk of this Court shall file with the Secretary of the State of Texas, for and in behalf of this Court, a duplicate original copy of this Order and the Clerk shall cause the order to be published in the Texas Register and the Texas Bar Journal.

BE IT FURTHER ORDERED that this amendment becomes effective May 1, 1999 and remains in effect unless and until disapproved, modified or changed by the Legislature or unless and until supplemented or amended by this Court.

BE IT FURTHER ORDERED that this order shall be recorded in the Minutes of this Court, and that the original of this order signed by the members of this Court shall be preserved by the Clerk of this Court as permanent records of this Court.

SIGNED AND ENTERED IN DUPLICATE ORIGINALS this the ________ day of April, 1999.

MICHAEL J. McCORMICK, PRESIDING JUDGE

LAWRENCE E. MEYERS, JUDGE

STEPHEN W. MANSFIELD, JUDGE

SHARON F. KELLER, JUDGE

TOM PRICE, JUDGE

SUE HOLLAND, JUDGE

PAUL WOMACK, JUDGE

CHERYL A. JOHNSON, JUDGE

MIKE E. KEASLER, JUDGE

Uniform Format Manual
for Texas Court Reporters 

 




PREFACE

The following Uniform Format Manual for Texas Court Reporters governs the form of official reporters' records and, unless otherwise indicated herein, freelance transcriptions. This manual thus replaces the Order Directing the Form of the Appellate Record in Civil Cases issued by the Supreme Court and the Order Directing the Form of the Appellate Record in Criminal Cases issued by the Court of Criminal Appeals and, for the first time, regulates some aspects of the form of freelance transcriptions.

A court reporter must prepare and file the Reporter's Record in accordance with Rules of Appellate Procedure 34.6 and 35 and this manual. Even if more than one notice of appeal or request for preparation of the record is filed, the reporter should prepare only one record in a case. In the event of a flagrant violation of the guidelines set out in the manual, on motion of a party or on the court's own initiative, the appellate court or presiding judge may require the court recorder, transcriber or court reporter to amend or prepare a new Reporter's Record in proper form -- and provide it to any party who has been provided a copy of the defective record -- at the preparer's expense. Additionally, failure to comply with mandatory provisions of this manual by either official or freelance court reporters may be grounds for discipline through the Court Reporters Certification Board.

This manual was prepared primarily through a joint effort of the Court Reporters Certification Board, through its Ad Hoc Format Manual Committee, and the Uniform Format Manual Task Force. Questions or comments regarding the manual should be directed to the Certification Board.

Where applicable, the manual includes commentary concerning certain of the 1999 civil discovery rule revisions that impact court reporters.

Uniform Format Manual for Texas Court Reporters

Reporter's Records Format

1.1 Definitions.

(a) Administrative pages means the title, appearance, index, correction, and certificate page(s) in a Reporter's Record or Freelance transcription.

(b) ASCII format means in the format of the American Standard Code for Information Interchange.

(c) Compressed means a format which has been reduced and printed to accommodate at least four normal sized pages on one printed page.

(d) Court recorder/audio operator means an official court reporter or court recorder. See Tex. R. App. 3.1 (g).

(e) CRCB means the Court Reporters Certification Board.

(f) CSR means a Certified Shorthand Reporter certified by the Supreme Court of Texas.

(g) Duplex means printed on both sides of the paper.

(h) Footer means the bottom line(s) on a Reporter's Record or Freelance transcription which appears below line 25.

(i) Freelance court reporter means a CSR who practices shorthand reporting other than in the capacity of an Official Court Reporter or Deputy Official Court Reporter.

(j) Freelance Transcription means all transcriptions other than official Reporter's Records.

(k) Header means the top line(s) on a page of a Reporter's Record or Freelance transcription that briefly describes the testimony of witnesses and/or events.

(l) Index means a listing of the contents of a Reporter's Record or Freelance transcription.

(m) Margin means the space around printed matter on a page.

(n) Master index means the merging of multiple indexes in a Reporter's Record which is only required in cases of more than one volume and will always be numbered "Volume 1."

(o) Official Court Reporter or Deputy Official Court Reporter means a certified shorthand reporter appointed by a judge as the official reporter. See Government Code § 52.001(4).

(p) Proceedings means events or happenings in the courts, legislature, state agencies, depositions, grand juries, referees and court commissions.

(q) Reporter's Record means the transcription of the proceedings and the exhibits designated on appeal,. see Tex. R. App. 34.6(a), or all proceedings produced by the official or deputy official reporter/ recorder.

(r) Shorthand reporter means a person who engages in shorthand reporting.

(s) Shorthand reporting means the practice of shorthand reporting for use in litigation in the courts of this state by making a verbatim record of any court proceeding, deposition, or proceeding before a grand jury, referee or court commissioner using written symbols in shorthand, machine shorthand or oral stenography. See Government Code § 52.001(5).

(t) Sic means "as spoken."

(u) Sotto voce means "soft voice."

(v) Style means the name of the lawsuit or matter pending before an agency of the state.

(w) Text means the main body of matter in a manuscript.

(x) Title page means the first page of the Reporter's Record listing pertinent information included within the record.

(y) Transcriber means one who engages in transcription.

(z) Transcription means the act or process of transcribing.

(aa) Venire means an entire panel from which a jury is drawn.

(bb) Venireperson means a member of venire.

FINAL PRETRIAL HEARING
JURY VOIR DIRE BY THE COURT
JURY VOIR DIRE BY THE STATE
JURY VOIR DIRE BY THE PLAINTIFF
JURY VOIR DIRE BY THE DEFENDANT
STATE'S OPENING STATEMENT
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING STATEMENT
DIRECT EXAMINATION
FURTHER DIRECT EXAMINATION
VOIR DIRE EXAMINATION
FURTHER VOIR DIRE EXAMINATION
CROSS-EXAMINATION
REDIRECT EXAMINATION
RECROSS-EXAMINATION
FURTHER REDIRECT EXAMINATION
FURTHER RECROSS-EXAMINATION
CONFERENCE ON JURY INSTRUCTIONS
STATE'S CLOSING STATEMENT
PLAINTIFF'S CLOSING STATEMENT
DEFENDANT'S CLOSING STATEMENT
JURY INSTRUCTIONS
COURT'S FINDINGS
JURY VERDICT
PUNISHMENT PHASE
SENTENCING

Original Exhibit Included Only Under Order of Trial Court. When a legible copy of a photograph or any other exhibit cannot be made, the original exhibit will be included in the Reporter's Record under order of the trial court made pursuant to Rule of Appellate Procedure 34.6(g).

18.3 Description of Physical Evidence. Each item of physical evidence must be described on a separate sheet of paper in such a manner that it may be identified, including the exhibit number, unless a photocopy is included.

(a) EXAMPLE:

STATE'S EXHIBIT NO. 1

9mm Glock semi-automatic pistol, Model P280, Serial No. 665543

EXAMPLE OF STYLE/TITLE PAGE FOR OFFICIAL REPORTERS - Figure 1

REPORTER'S RECORD
VOLUME ^ ## OF ^ ## VOLUMES
TRIAL COURT CAUSE NO(S). ^ ##-###, ^ ##-###

***************************

^ TITLE OF PROCEEDINGS

***************************

On the ^ Date day of ^ Month, ^ Year the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable ^ Judge's Name, Judge presiding, held in ^ City, ^ County, Texas:

Proceedings reported by ^ Method.

EXAMPLE OF APPEARANCE PAGE FOR OFFICIAL REPORTERS - Figure 2

A P P E A R A N C E S

EXAMPLE OF STYLE/ TITLE PAGE FOR FREELANCE TRANSCRIPTIONS - Figure 3

NO. ^ ##-####

******************************************************

ORAL ^ AND VIDEOTAPED DEPOSITION OF

^ WITNESS NAME

^ Month ^ Date, ^ Year

Volume ^ ##

******************************************************

ORAL ^ AND VIDEOTAPED DEPOSITION of ^ WITNESS NAME, produced as a witness at the instance of the ^ Party, and duly sworn, was taken in the above-styled and numbered cause on the ^ Date of ^ Month, ^ Year, from ^ Time (##:##) to ^ Time (##:##), ^ via telephone, before ^ Reporter's Name, CSR in and for the State of Texas, ^ reported/recorded by ^ method, at the offices of ^ Office, ^ Address, pursuant to the Texas Rules of Civil Procedure ^ and the provisions stated on the record or attached hereto.

EXAMPLE OF APPEARANCE PAGE FOR FREELANCE TRANSCRIPTIONS - Figure 4

A P P E A R A N C E S

FOR THE PLAINTIFF(S):

^ Mr./Ms. Lawyer1 ^ (Via Telephone)
^ NAME OF LAW FIRM
^ Address
^ City, ^ State ^ ZIP

FOR THE DEFENDANT(S) ^ DEFENDANT'S NAME:

^ Mr./Ms. Lawyer2 ^ (Via Telephone)
^ NAME OF LAW FIRM
^ Address
^ City, ^ State ^ ZIP

FOR THE DEFENDANT(S) ^ DEFENDANT'S NAME:

^ Mr./Ms. Lawyer3 ^ (Via Telephone)
^ NAME OF LAW FIRM
^ Address
^ City, ^ State ^ ZIP

ALSO PRESENT:

^ Mr./Ms. Person
^ Mr./Ms. Person
^ Mr./Ms. Person

OFFICIAL REPORTER'S RECORD - CERTIFICATION PAGE FOR TEXAS CSR's - Figure 5

THE STATE OF TEXAS )

COUNTY OF ^ COUNTY NAME )

I, ^ Reporter's Name, Official/Deputy Official Court Reporter in and for the ^ ### District Court of ^ County Name County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record, in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me.

I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, admitted by the respective parties.

*I further certify that the total cost for the preparation of this Reporter's Record is $ _________ and was paid/will be paid by _______________________.

WITNESS MY OFFICIAL HAND this the ______ day of ________________, _____.

*See Figure 6

OFFICIAL REPORTERS - CERTIFICATION PAGE FOR EXHIBITS - Figure 6

TRIAL COURT CAUSE NO(S). ^ ##-###, ^ ##-###

I, ^ Reporter's Name, Official Court Reporter in and for the ^ ### District Court of ^ County Name County, Texas, do hereby certify that the following exhibits constitute true and complete duplicates of the original exhibits, excluding physical evidence, offered into evidence during the ^ Proceeding Name in the above-entitled and numbered cause as set out herein before the Honorable ^ Judge's Name, Judge of the ^ ### District Court of ^ County Name County, Texas, and a jury trial, beginning ^ Month ^ Date, ^ Year.

*I further certify that the total cost for the preparation of this Reporter's Record is $_________ and was paid/will be paid by _______________________.

WITNESS MY OFFICIAL HAND on this, the _____ day of _____________, _______.

CHANGES / SIGNATURE PAGE - FREELANCE DEPOSITIONS - Figure 7

CHANGES AND SIGNATURE

CHANGES / SIGNATURE PAGE - FREELANCE DEPOSITIONS - Figure 7

I, ^ WITNESS NAME, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above.

___________________________
^ WITNESS NAME

THE STATE OF _________ )

COUNTY OF _________ )

Before me, ____________________, on this day personally appeared ^ WITNESS NAME, known to me (or proved to me under oath or through ______________ ) (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this _____ day of _____________, ______.

_________________________

NOTARY PUBLIC IN AND FOR

THE STATE OF ___________

CERTIFICATION PAGE - FREELANCE TRANSCRIPTIONS - Figure 8

NO. ^ ##-####

REPORTER'S CERTIFICATION
DEPOSITION OF ^ WITNESS NAME
^ Month ^ Date, ^ Year

    I, ^ Reporter's Name, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following:

    That the witness, ^ WITNESS NAME, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness;

    That the deposition transcript was submitted on ^ Month ^ Now, ^ Year to the witness or to the attorney for the witness for examination, signature and return to me by ^ Month ^ Now + 20 days or whatever, ^ Year;

    That the amount of time used by each party at the deposition is as follows:

^ Mr./Ms. Lawyer1 - ^ HRS:MIN
^ Mr./Ms. Lawyer2 - ^ HRS:MIN
^ Mr./Ms. Lawyer3 - ^ HRS:MIN

    That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes counsel for all parties of record:

CERTIFICATION PAGE - FREELANCE TRANSCRIPTIONS - Figure 8

^ Mr./Ms. Lawyer1, Attorney for Plaintiff(s)
^ Mr./Ms. Lawyer2, Attorney for Defendant(s)
        ^ Defendant Name
^ Mr./Ms. Lawyer3, Attorney for Defendant(s)
        ^ Defendant Name

    I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action.

    Further certification requirements pursuant to Rule 203 of TRCP will be certified to after they have occurred.

    Certified to by me this ^ Now day of ^ Month, ^ Year.

FURTHER CERTIFICATION PURSUANT TO RULE 203 - Figure 9

FURTHER CERTIFICATION UNDER RULE 203 TRCP

    The original deposition was/was not returned to the deposition officer on ;

    If returned, the attached Changes and Signature page contains any changes and the reasons therefor;

    If returned, the original deposition was delivered to __________________, Custodial Attorney;

    That $ _______ is the deposition officer's charges to the ^ Party for preparing the original

deposition transcript and any copies of exhibits;

    That the deposition was delivered in accordance with Rule 203.3, and that a copy of this certificate was served on all parties shown herein on and filed with the Clerk.

    Certified to by me this ___ day of ____________, ______.

CERTIFICATE PAGE WHEN SIGNATURE WAIVED - FREELANCE TRANSCRIPTIONS - Figure 10

NO. ^ ##-####

REPORTER'S CERTIFICATION
DEPOSITION OF ^ WITNESS NAME
^ Month ^ Date, ^ Year

    I, ^ Reporter's Name, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following:

    That the witness, ^ WITNESS NAME, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness;

    That examination and signature of the witness to the deposition transcript was waived by the witness and agreement of the parties at the time of the deposition;

    That the original deposition was delivered to ^ Lawyer's Name;

    That the amount of time used by each party at the deposition is as follows:

^ Mr./Ms. Lawyer1 - ^ HRS:MIN

^ Mr./Ms. Lawyer2 - ^ HRS:MIN

^ Mr./Ms. Lawyer3 - ^ HRS:MIN

That $ _______ is the deposition officer's charges to the ^ Party for preparing the original deposition transcript and any copies of exhibits;

29

CERTIFICATE PAGE WHEN SIGNATURE WAIVED - FREELANCE TRANSCRIPTIONS - Figure 10

That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes all parties of record:

^ Mr./Ms. Lawyer1, Attorney for Plaintiff(s)

^ Mr./Ms. Lawyer2, Attorney for Defendant(s)

^ Defendant Name

^ Mr./Ms. Lawyer3, Attorney for Defendant(s)

^ Defendant Name

    That a copy of this certificate was served on all parties shown herein on _________ and filed with the Clerk pursuant to Rule 203.3.

    I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action.

    Certified to by me this ^ Now day of ^ Month, ^ Year.

EXAMPLE OF INDEX (CHRONOLOGICAL) - OFFICIAL REPORTER'S RECORD - Figure 11

VOLUME ^ ##

^ TRIAL ON MERITS

EXAMPLE OF INDEX - FREELANCE TRANSCRIPTIONS - Figure 12

INDEX

EXHIBITS

REQUESTED DOCUMENTS/INFORMATION

CERTIFIED QUESTIONS

TRANSCRIBER'S CERTIFICATION OF ANOTHER'S NOTES - Figure 13

I certify that the foregoing is a true and correct transcription, to the best of my ability, of the stenographer's notes of the proceedings held as provided to me by the ^ Court Name in the above matter.

I further certify that I am neither counsel for, related to, nor employed by any of the parties of attorneys in the action in which this hearing was taken, and further that I am not financially or otherwise interested in the outcome of the action.

I further certify that the transcription fee of $ __________ was paid/ will be paid in full by

_________________.

CERTIFICATION PAGE FOR TAPE RECORDING - Figure 14

    I, _______________________, court-approved transcriber, certify that the foregoing is a correct transcription from the tape recording of the proceedings in the above-entitled matter.

    I further certify that I am neither counsel for, related to, not employed by any of the parties to the action in which this hearing was taken, and further that I am not financially or otherwise interested in the outcome of the action.

    I further certify that the transcription fee of $ __________ was paid/ will be paid in full by

_________________.

WITNESS AND EXAMINATION SETUP (OFFICIAL REPORTER'S RECORD) - Figure 15

^ WITNESS NAME,

having being first duly sworn, testified as follows:

^ DIRECT EXAMINATION

BY ^ MR./MS. ^ LAWYER:

Q. State your name, please.

WITNESS AND EXAMINATION SETUP (FREELANCE TRANSCRIPTION) - Figure 16

^ WITNESS NAME,

having being first duly sworn, testified as follows:

EXAMINATION

BY ^ MR./MS. ^ LAWYER:

Q. State your name, please.

WITNESS SWORN THROUGH INTERPRETER - Figure 17

^ WITNESS NAME,

having being first duly sworn, testified through the duly sworn interpreter as follows:

QUESTIONS AND ANSWERS - Figure 18

DIRECT EXAMINATION

BY ^ MR/MS. ^ LAWYER:

Q. Would you give your full name, Ann?

A. Ann D. Witness.

Q. And where do you live?

A. At 425 Rockaway Place, Lake Summit.

Q. And how have -- I mean, how long have you lived

there?

A. For about 20 years. I lived in Minneapolis

prior to that for about 10 years. I was very happy before I moved to Lake Summit.

Q. And what do you do for a living?

QUOTATIONS - Figure 19

    ^ MR./MS. ^ LAWYER: Your Honor, at this time I would like to call the Court's attention to the case of State v. Tilden, which states: "On June 20, 1969, the defendant was on his way home and was struck by an automobile which was traveling at an excessive rate of speed, and defendant sustained severe injuries and died an hour later."

**************

(READING DEPOSITION)

Q. Do you remember the following question and answer in your previous deposition:

QUESTION: "Are you the person designated to answer questions about the practices in your firm?"

ANSWER: "I am unaware of that. Nobody told me that I would have to be the one to answer that question."

 

DASHES - Figure 20

^ MR./MS. ^ LAWYER: That is all I have --

THE COURT: All right.

^ MR./MS. ^ LAWYER: -- for this witness. If it please the Court -- excuse me,

Your Honor. I will call my next witness.

READBACK - OFFICIAL REPORTER'S RECORD - Figure 21

THE REPORTER: QUESTION: "What was the point in which he pointed in the air?"

ANSWER: "At the time the officer arrived."

QUESTION: "When did he get there?"

 

 

 

 

IDENTIFICATION OF SPEAKERS - Figure 22

THE COURT: Overruled, Counsel.

Q. (BY ^ MR./MS. ^ LAWYER) Please answer that again, sir.

 

 

 

 

 

TESTIMONY THROUGH INTERPRETER - Figure 23

A. (In English) Seven years.

-OR-

A. (In English) I saw the car.

(By the Interpreter) It was going very fast.

-OR-

THE WITNESS: I saw the car.

A. It was going very fast.

 

ALPHABETICAL INDEX - Figure 24

ALPHABETICAL WITNESS INDEX

COLUMN FOR VOLUME NUMBER IN MASTER INDEX - Figure 25

EXHIBIT INDEX