ACS Manual of Transcription Procedures TF-410.pdf

Manual of Transcript Procedures February 2023

ALASKA COURT SYSTEM

MANUAL OF

TRANSCRIPT PROCEDURES

Appellate Court 303 K Street, 4th Floor Anchorage, AK 99501

TF-410 (2/23)(cherry cvr)

INTRODUCTION

This Manual of Transcript Procedures (TF-410) consists of two parts. Part I applies to all transcripts filed with the Alaska Court System. All transcripts filed with the Alaska Court System must be prepared in the form set out in this manual.

Part II applies to transcripts prepared for the Alaska Court System by transcribers employed by the court system or under contract with the court system.

Transcribers under contract with the Alaska Court System must submit a completed Transcriber Audio Evaluation form for each assignment in which there were any issues with the recordings that hindered transcription;

however, all transcribers are encouraged to submit form AP-810 (Appendix X) that can be found here:

https://public.courts.alaska.gov/web/forms/docs/ap-810.pdf

The Alaska Court System reserves the right to duplicate any transcript filed with the court without payment of fees to the transcriber.

https://public.courts.alaska.gov/web/forms/docs/ap-810.pdf

TABLE OF CONTENTS

PART I

CHAPTER

I SPECIFICATIONS

PAGE

A. PAPER 2

1. Size 2

2. Weight 2

3. Color 2

B. INK COLOR 2

C. PREPRINTED MARGINAL LINES 2

D. LINE NUMBERING 2

E. PAGE NUMBERING 2

1. Volume Page 2

2. Table of Contents 2

3. Day Pages 2

4. Proceedings Page 2

5. Certificate 2

F. TYPING

1. Letter Quality

2. Type Size 3

3. Number of Lines per Page 3

4. Margins 3

5. Spacing 3

6. Hyphenation/Word Division 3

7. Paragraphing 3

8. Indentations 3

a. Q & A 3

b. Colloquy 3

9. Legibility 3

G. FORM

Condensed Form

a. Software 4

b. Full pages/Maximum Number of Pages in a Volume 4

c. Electronic version 4

d. Duplexing (Double-Sided Copies) 5

e. Binding 5

H. COPIES 5

1. ELECTRONIC COPIES 5

2. HARD COPIES 5

I. MEDIA LABELING 5

II FORMAT

A. VOLUMES 6

B. VOLUME TITLE PAGE 6

C. TABLE OF CONTENTS 6

D. DAY PAGE 7

E. COMBINATION VOLUME TITLE/DAY PAGE 8

TABLE OF CONTENTS, CONTINUED

F. CONTENT 8

1. Verbal 8

a. Striking Portions of the Proceedings 8

b. Editing of Speech 8

c. Reporting of Audio/Video Recordings 8

d. Private Communications and

Off the Record Conversations 9

e. Laughter 9

f. Jury Instructions 9

2. Summary Phrases 9

3. Identification of Speakers 9

4. Examination of Witnesses 10

a. Witness Identification 10

b. Types of Examination 11

(1) Direct Examination 11

(2) Cross Examination 11

(3) Redirect Examination 11

(4) Recross Examination 11

(5) Continued Examination 11

(6) Offer of Proof 12

(7) Voir Dire Examination 13

5. Breaks in Speech 14

a. Dashes 14

(1) Changes of Thought 14

(2) Repetition 14

(3) Mid-Word 14

(4) Interruptions 14

(5) Fade Out 14

(6) Change of Addressee 14

b. Editing 15

6. Indistinct Portions 15

a. Indiscernible 15

b. Inaudible Reply 15

7. Pauses 15

8. Exhibits 16

9. Word Usage 16

a. Phonetic 16

b. Sic 16

c. Incorrect Term 16

d. Colloquialisms 16

TABLE OF CONTENTS, CONTINUED

10. Grammar and Punctuation 17

a. Capitalization 17

b. Numbers 17

c. Quotation Marks 18

11. Interpreters 18

a. Literal Translation 18

b. Non-literal Translation 18

12. Miscellaneous 19

a. Requested Portions 19

b. Previously Transcribed Portions 19

c. Interrupted Proceedings 19

d. Off Record 19

e. Change of Media During Trial or Hearing 20

f. Depositions or Other Documents Read into the Record 20

g. End of Transcript 20

h. Testimony/Event Reference 21 I. Oath to Jury 21

j. Polling of Jury 21

k. Case Citations 21

III GRAND JURY PROCEEDINGS 22

IV SEARCH WARRANTS 24

V CERTIFICATION 25

PART II

VI CLASSIFICATION OF TRANSCRIPT ERRORS 27

A. FORMAT 27

B. VERBATIM ERRORS 27

1. Minor 27

2. Major 29

C. PUNCTUATION 30

D. SPELLING 30

E. INDISCERNIBLE 31

1. Bench Conferences 31

2. Speech Away from a Microphone and Telephonic Speech 31

F. TRANSCRIBER AUDIO EVALUATION 31

VII APPENDIX 32

PART I

Part I of this manual applies to all transcripts filed with the Alaska Court System.

CHAPTER I

SPECIFICATIONS

A. PAPER

1. Size: Paper size shall be 8-1/2 x 11 inches.

2. Weight: The weight of paper shall be at least 20 pounds for both originals and copies.

3. Color: Good quality white paper is required.

B. INK COLOR

Black ink shall be used for both originals and copies.

C. PREPRINTED MARGINAL LINES

Solid left and right marginal lines on all pages are required. The marginal lines are to be placed on the page so that text begins 1.62 inches from the left side of the page and ends .5 inches from the right side of the page. The use of top and bottom marginal lines is optional.

D. LINE NUMBERING

Each page of a transcript shall contain 25 numbered lines.

E. PAGE NUMBERING

The pages of a transcript shall be numbered in a single series of consecutive numbers regardless of the number of days or number of proceedings involved. The page number shall be placed at the bottom right corner. The page number does not count as a line. The transcript, whether consisting of one or more volumes, shall be numbered in a single chronological sequence throughout all volumes.

1. Volume pages are counted but not physically numbered.

2. Table of Contents pages are numbered consecutively to the volume page: 2, 3, 4, etc.

3. Day pages are numbered in sequence. Use the page number on the day page (Appendix E) for the table of contents and the volume pages (Appendix B).

4. Each page after the day page is numbered with consecutive numbers.

5. The certificate is always the last page of every transcript and is numbered. If there are multiple volumes, it would be the last page of the last volume. The certificate page number is not shown on the volume page. Example of page numbering:

Single volume Multiple volumes

Volume I is Page 1 Volume II is Page 785 Table of Contents is Page 2 Day Page is Page 786 Day Page is Page 3 Proceedings Page is Page 787 Proceedings Page is Page 4 Certificate is last numbered page Certificate is last numbered page

F. TYPING

THE FOLLOWING CRITERIA APPLY TO TRANSCRIPTION PARAMETERS PRIOR TO CONDENSING

1. Letter Quality: The type shall be letter quality. Use of script or dot matrix is not acceptable.

2. Type Size: The letter character size shall be 10 characters to the inch. This provides for approximately 63 characters to each line.

3. Number of Lines Per Page: Each page of transcription shall contain 25 lines of text, except the last page, which may contain fewer lines of text but must have 25 numbered lines in any event.

Page numbers or notations are not to be considered part of the 25 lines of text.

4. Margins: Text is to begin on each page at the 1.62-inch left margin and continue to the .5-inch right margin. This provides for 6.38 inches of text per line inside the left and right marginal lines.

5. Spacing: Lines of transcript text shall be double-spaced.

6. Hyphenation/Word Division: Commonly accepted rules for proper hyphenation are to be followed. Hyphens are to be used when words or names are spelled out. Words are not to be hyphenated at the end of a line and hyphens are not to be separated at the end of a line.

7. Paragraphing: The purpose of paragraphing is to make reading easier, clearer, and smoother. One-sentence paragraphs are undesirable and shall be avoided when possible, as well as paragraphs comprised of one or more pages of transcript. Paragraphing must remain consistent throughout the transcript. There shall be a new paragraph for each new speaker.

8. Indentations:

a. Q and A. All Q and A designations shall begin at the left margin. The statement following the Q and A begins on the sixth space from the left margin. Subsequent lines begin on the sixth space from the left margin.

b. Colloquy. Speaker identification begins on the sixth space from the left margin followed directly by a colon. The statement begins on the third space after the colon.

Subsequent lines begin at the left margin.

9. Legibility: The original transcript and each copy is to be legible without any interlineation materially defacing the transcript.

G. FORM

The court system uses a condensed form for transcripts. A party who is responsible for preparation of a transcript is required to use the condensed form described below. We will not accept a transcript volume comprised of more than 240 sheets of paper (960 condensed pages).

Remember: Do not split a day’s proceedings between two volumes.

1. Condensed Form: The following specifications apply to condensed form transcripts:

a. Condensing software must first be approved by ACS with respect to its legibility and must produce a page layout arranged as follows:

b. The following pages must be full-size: volume title page, table of contents, and certificate. These pages are to be counted in the 240-page total of condensed transcripts.

c. If an electronic version of the transcript is required, the electronic version must be in the original, non-condensed form. This will allow anyone who has difficulty reading the condensed form to print a full-size version of the transcript.

The following section is applicable to transcripts prepared by private transcribers (not on contract with the Alaska Court System):

d. Condensed pages must be duplexed, that is, copied on both sides of the paper. Non-condensed pages (the volume title page, table of contents, and certificate) must be single-sided and are counted in the total 120 pages of condensed, duplexed transcript.

e. Tape binding is preferred for condensed transcripts; however, if the transcript is tape-bound, the front and back covers must be yellow cover stock (at least 65-lb. weight) and each volume must be limited to 120 sheets of paper, including front and back covers.

Covers may be heavyweight transparent plastic, yellow cover stock (at least 65-lb. weight) or another material approved in advance by the Alaska Court System. Multiple volumes should be approximately equal in size.

Each volume must be separately secured on the left side with a permanent fastener or binding, such as an ACCO fastener, staples, a report cover, a spiral binding, a comb (GBC) binding, or tape binding. Other fasteners or bindings must be approved in advance by the Alaska Court System.

It is preferable to have one large volume consisting of several days' proceedings, rather than several small volumes each consisting of only one day. Do not split one day's proceedings between two volumes.

H. COPIES

Pursuant to Appellate Rule 210(b)(5), in cases on appeal to the Alaska Supreme Court or the Court of Appeals, a transcriber must file with the court one hard copy of the transcript in condensed format and an electronic version.

1. HARD COPIES

Condensed transcript copies are to be reproduced by any method of reproduction that produces black text on white paper. There shall be no markings on the original or copies that would hinder clear reproduction by mechanical means by any court official or party.

2. ELECTRONIC COPIES

Electronic copies must be submitted on a CD-R disc. A transcript shall be formatted in WordPerfect for Windows or Microsoft Word. The electronic version of a transcript may not be in condensed format.

I. MEDIA LABELING

The CD-R disc must be labeled using a CD labeler or permanent marker and contain the following information:

• Appeal Number

• Case Caption

• Trial Court Case Number

• Transcriber’s Business Name and Phone Number

CHAPTER II

FORMAT

A transcript may include more than one proceeding in a case held on separate days. For example, if instructed to transcribe several separate proceedings in one case, such as the arraignment, evidentiary hearing, the trial, and sentencing, each held on separate days, the four proceedings would be one transcript volume, provided that the combined days do not exceed 240 single sheets of paper. (Section G)

A. VOLUMES

More than one day of proceedings may be contained in a volume. Follow guidelines for number of pages in a volume. Do not split a day’s proceeding between two volumes. Each volume must contain:

1. Volume title page (Appendix B).

2. Day page (Appendix E).

3. Transcribed proceedings (Appendix G).

4. First volume must contain a table of contents (if required) for all volumes (Appendix C and D).

5. Last volume must contain a certificate (Appendix H).

B. VOLUME TITLE PAGE

The volume title page (Appendix B) is an introductory page showing the following information:

1. Court name

2. District

3. Case caption

4. Case number

5. Volume number

6. The line TRANSCRIPT OF PROCEEDINGS centered in caps and underlined.

7. Dates of proceedings contained in the volume and the page numbers for each date beginning with each day page number and ending with the last page number of each day. In some instances, the volume title page and the day page may be combined (Section E).

8. Alaska Court System disclaimer

C. TABLE OF CONTENTS

The table of contents is a list of important events in a transcript and lists the page number in the transcript on which they appear (Appendix C and D). If a witness testifies on redirect, recross, and redirect again, the first page number is shown, a slash bar, then the second page number (Appendix C). A transcript must include a table of contents whenever a transcript contains any of the following:

1. Any witnesses;

2. Any exhibits admitted; or

3. More than one day of proceedings of a different nature

Multi-volume transcripts contain only one table of contents for the entire transcript, and it follows the first volume page immediately preceding the first day page. The table of contents must indicate:

(a) Each proceeding in a transcript (for example, arraignment, bail hearing, trial by jury, sentencing, etc.). The title of the proceedings for the table of contents must read the same as it appears on the day page. Only the first day of trial should be listed if multiple days. See Appendix C for example.

(b) Examples of important events in each proceeding are:

(1) Jury selection

(2) Opening statements

(3) Witnesses

(4) Exhibits

(5) Closing arguments

(6) Verdict

(c) The names of witnesses, on whose behalf the witnesses were called, the type of examination (direct, cross, redirect, recross, rebuttal, surrebuttal), and the page number where the witness's name appears. A witness’s name is to be typed on the table of contents exactly as it appears in the transcript; i.e., middle initial/no middle initial, full name, Jr., etc. Rebuttal and surrebuttal witness set-ups are also listed on the table of contents (Appendix C).

Voir dire examination is not shown on the table of contents. If a witness's testimony is interrupted by voir dire and the original examination is continued, there is no need to show the interruption on the table of contents. If a witness is interrupted by another witness and the original examination is then resumed, show the first page number, followed by a slash bar, then show the second page number on the table of contents where the examination is continued (Appendix C).

(d) A list of exhibits admitted into evidence. The list is to indicate the exhibit number, a brief description of the exhibit, and the page number where the exhibit was admitted. Exhibits identified, but not admitted, are not shown on the table of contents or in the transcript. If exhibits 1 through 10 are all photographs and are admitted on the same page, combine the exhibits 1 through 10 on the table of contents and show one brief description and only one page number (Appendix C).

(e) The page number for the table of contents showing the verdict is the page number where the court comes back on record after deliberations and receives the verdict from the foreperson.

D. DAY PAGE

Information for the day page (Appendix E) is obtained from the in-court clerk’s log notes or tags (Appendix Z and AA). Each day of proceedings must begin with a day page indicating:

1. Nature of proceeding

2. Name and title of judge or other official presiding

3. Location of proceeding, date, and beginning time

4. Appearances for the parties (name and address of each attorney and for whom they appear).

When typing the day page, do not use abbreviations; for example, West Fourth Avenue, not W. 4th Ave. or Anchorage, Alaska, not Anchorage, AK. A private person who acts as the person’s own attorney is designated as In Propria Persona. This term is listed in place of Attorney at Law or Assistant Public Defender, etc. (Appendix A). If no parties are present, indicate none on the day page (Appendix F).

5. Also Present. For example, Department of Corrections, social workers, etc. Use the in-court clerk’s log notes to indicate the names of persons present. If someone other than a witness or a party speaks for the record, they shall be identified on the day page (Appendix P) from information contained in the log notes. If an attorney appears on behalf of a witness testifying in a trial, the attorney's name is shown as also present for witness X (Appendix E).

6. Notation of (telephonically) for any party or the court appearing as such.

Type of Proceeding: If an entire trial lasting several days is to be transcribed, but jury selection or other portions are excluded, the title for all day pages shall contain the word EXCERPT in parentheses, underlined, and in caps. The words TRANSCRIPT OF do not precede the title on day pages.

When the nature of the proceedings is the same for several days, the second and all subsequent day pages shall contain the word CONTINUED immediately after the nature of the proceedings, but before the word EXCERPT. The verdict is not an excerpt.

E. COMBINATION VOLUME TITLE/DAY PAGE

If a volume consists of a proceeding that is no longer than one day in length, and there are no witnesses or exhibits, a combination volume title/day page is used that includes all the information required for a volume title page and all the information for a day page. No separate day page is required and no table of contents is required. If a combination volume title/day page is used, the words TRANSCRIPT OF precedes the nature of the proceedings (Appendix A).

F. CONTENT

1. Verbal

Except as noted below, the transcript shall be verbatim and contain all words and other verbal expressions uttered during the proceeding:

a. Striking Portions of the Proceeding: No portion of the proceeding is to be omitted from the record by an order to strike. Regardless of the requesting party, material ordered stricken and the order to strike must all appear in the transcript.

b. Editing of Speech: The transcript shall provide a verbatim record of words spoken in the proceedings. All grammatical errors, changes of thought, contractions, misstatements, and poorly constructed sentences shall be transcribed as spoken. In the interest of readability, however, stutters, ums, ahs and uhs, and other verbal tics are not normally included in transcripts, but such verbalizations shall be transcribed whenever their exclusion could change a statement’s meaning.

Examples of Exceptions: Type: Instead of:

going to gonna kind of kinda got to gotta because ‘cause them 'em must have musta could have coulda that will that’ll

c. Reporting of Audio/Video Recordings: Generally, audio/video recordings played in court are entered as an exhibit in a proceeding. Since such recordings are under the direct control of the court, audio/video recordings need not be transcribed unless otherwise instructed to do so. Indicate the beginning log number where the recording starts, the summary phrase (Audio played) or (Video played), and the ending log number where the playing of the recording stops.

If a recording is started and one small portion or sentence is played, then stopped, questions and answers, then playing of another small section, do not show log numbers in that instance, but rather at the beginning and end of the audio playing.

(Appendix W).

If a witness narrates a video as it is being played, show log numbers at the beginning and conclusion of the video only.

TRIAL BY JURY (EXCERPT)

TRIAL BY JURY, CONTINUED (EXCERPT);

VERDICT

d. Private Communications and Off-the-Record Conversations: Private communications and off-the-record conversations inadvertently recorded are not to be included in a transcript. Any whispered conversations other than bench conferences are shown by typing the summary phrase (Whispered conversation) on the sixth space from the left margin.

e. Laughter: Do not use the parenthetical expression of (laughter).

f. Jury Instructions: Do not transcribe the actual reading to the jury of the preliminary or final jury instructions, unless specifically requested to do so.

2. Summary Phrases

Summary phrases shall be used for the following events. Summary phrases shall appear in parentheses and begin on the sixth space from the left margin. Summary phrases such as jury present, jury not present, defendant present, etc., following recesses or off record shall not be used unless it is not clear from reading the transcript.

The following summary phrases are examples when log numbers are not included:

a. (Oath administered) g. (Off record) - except at the end of a day

b. (Witness summoned) h. (Court recessed) - except at the end of a day

c. (Jury excused) I. (Bench conference as follows:)

d. (Jury recalled) j. (End of bench conference)

e. (Whispered conversation) k. (In-chambers conference as follows:)

f. (Defendant fingerprinted) l. (End of in-chambers conference)

Whispered conversations at the bench are to be transcribed and are to be set out as follows:

Log numbers before and after summary phrases are included when a portion of the recordings are not transcribed within the requested portion. The log numbers before and after show which portion was not transcribed. The following summary phrases are examples when log numbers are included:

a. (Court reads preliminary jury instructions)

b. (Court reads jury instructions)

c. (Court reads final jury instructions)

d. (This portion not requested)

e. (This portion not requested - jury selection)

f. (This portion previously transcribed)

g. (Other matters)

h. (This portion not transcribed - under seal)

i. (Audio played)

j. (Video played)

3. Identification of Speakers

All speakers are properly identified throughout the transcript by using MR. or MS. and their last name. The judge is identified as THE COURT, the in-court clerk is identified as THE CLERK, the bailiff as THE BAILIFF, and the officer responsible for escorting in-custody defendants to the courtroom as JUDICIAL SERVICES OFFICER.

During examination of a juror or a witness under oath, the juror or witness is identified only as A.

The attorney who is conducting the questioning is identified only as Q. There is no punctuation following Q or A.

1 MR. SMITH: Your Honor, may we approach the bench?

2 THE COURT: You may.

3 (Bench conference as follows:)

4 MR. SMITH: Your Honor, I’d like to move for the exclusion of 5 witnesses. I failed to do that earlier. I need to (indiscernible ) until 6 then.

7 THE COURT: Any objection?

8 MR. JONES: No, Your Honor.

9 (End of bench conference)

10 THE COURT: You may proceed, Mr. Smith.

11 THE COURT: You may proceed, Mr. Smith.

Before a jury has been selected, they are identified as THE PANEL. After a jury has been selected and sworn, the jury is identified as THE JURY.

When a juror speaks whose name is not ever spoken, he should be identified as

UNIDENTIFIED JUROR.

All other unidentified persons speaking on the record are identified as UNIDENTIFIED VOICE, not UNIDENTIFIED MALE or FEMALE. If an unidentified voice is later identified for the record, once you learn that person’s identification, you should replace the unidentified voice with the person’s name throughout the entire transcript.

Sometimes the defense or prosecution agency attorneys are not identified on the record or in the log notes. You should first contact the Statewide Transcript Office to see if they have or can obtain that information for you. If, however, the name cannot be obtained, the attorney would then be identified in the transcript as UNIDENTIFIED DISTRICT ATTORNEY, UNIDENTIFIED PUBLIC DEFENDER, or UNIDENTIFIED MUNICIPAL ATTORNEY.

4. Examination of Witnesses

a. Witness Identification

When a witness testifies, the witness setup is as follows:

(1) Use the parenthetical (Oath administered) instead of typing out the oath, and then identify the witness by name and type the witness’s response as shown below. The witness’s name is then centered and in caps. Do not bold or underline.

(2) On the next line, starting at the left margin, is a brief statement indicating called as a witness on behalf of the plaintiff/defendant, testified as follows on:

(3) If a party testifies on his/her own behalf, type the phrase called as a witness on his/her own behalf, testified as follows on: For each type of examination thereafter, this line is abbreviated to indicate testified as follows on:

(4) On the next line, centered and in caps, is the type of examination such as DIRECT, CROSS, REDIRECT, RECROSS, or continued examination.

(5) On the next line starting at the left margin, identify the person questioning.

(6) If, after the defense rests, the plaintiff wishes to reopen the plaintiff’s case in chief and call further witnesses, this type of examination is called rebuttal. The witness setup is typed:

called as a rebuttal witness on behalf of the plaintiff, testified as follows on: If the defendant calls further witnesses, this is called surrebuttal and would follow the setup above, substituting surrebuttal in place of rebuttal.

1 (Oath administered) 2 MR. DOE: I do.

3 JOHN DOE

4 called as a witness on behalf of the plaintiff, testified as follows on:

5 DIRECT EXAMINATION

6 THE CLERK: State your name for the record.

7 A John Doe.

8 THE CLERK: Thank you.

9 BY MR. JONES:

10 Q 11 A

1 JOHN DOE

2 testified as follows on:

3 CROSS EXAMINATION

b. Types of Examination

(1) Direct Examination is questioning by the attorney who has called the witness.

Usually, a witness is questioned only once on direct examination during proceedings of the same nature. Exceptions are:

(a) If there is more than one attorney representing a party, or if two or more attorneys are questioning on the same type of examination, in this case only the attorney introduction line is shown.

(b) If a witness is called a second time on behalf of the opposing party.

(c) During an offer of proof. However, an offer of proof is only identified in a transcript when it is so referenced on record.

If a witness testifies telephonically, indicate in the initial witness setup called as a witness on behalf of the plaintiff, testified telephonically as follows on: The word (telephonically) is also to be noted on the table of contents (Appendix C).

(2) Cross Examination is questioning by the opposing attorney. A witness is usually questioned only once on cross examination with the same exceptions as noted for direct examination.

(3) Redirect Examination is questioning again by the first attorney, re-examining the witness on matters raised on cross examination.

(4) Recross Examination is questioning by the opposing attorney re-examining the witness on matters raised on redirect. Attorneys may question in turn several times on redirect and recross. If this occurs, page numbers on the table of contents are indicated using slash bars for each page number (Appendix C). While you may have redirect examination of a witness without recross examination, there cannot be recross examination without redirect examination. Example: If a witness testifies on direct examination, cross examination, and there is no redirect examination, but the attorney questioning on cross has further cross, this is shown in the set-up as cross examination continued, and would be listed on the table of contents with a slash.

(5) Continued Examination is used in the following circumstances. The word CONTINUED is included on the examination line when:

(a) Questioning of a witness has been interrupted by one or more pages of argument, voir dire examination, or offers of proof. The full witness setup need not be repeated except after an offer of proof. The type of continued examination and the attorney’s introduction line is included.

1 THE COURT: Do you want to be heard further, 2 Mr. Smith?

3 MR. SMITH: No, Your Honor.

4 THE COURT: You may continue with cross.

5 CROSS EXAMINATION CONTINUED

6 BY MR. SMITH:

7 Q

(c) At the beginning of a new day, when questioning under the same type of examination as the end of the previous day is resumed, or if a witness’s testimony has been interrupted by testimony of another witness. In this instance, the entire witness setup is required with the words previously sworn preceding called as a witness.

(6) Offer of Proof is testimony through questions and answers of a witness, or through an attorney’s own narrative description. It usually occurs outside the presence of the jury. An offer of proof differs from voir dire examination only by the fact that it is referred to as an offer of proof by the judge or one of the attorneys. If an offer of proof comes in through testimony, the witness is set up on direct examination as follows:

Witness Setup for Offer of Proof

If the same witness testifies for the first time after the offer of proof, the entire witness setup is required as shown in the sample on page 10(5).

If the offer of proof interrupted ongoing examination of the same witness, set the witness up as follows:

Witness Setup Following Offer of Proof

The witness’s name is to be shown as direct examination on the table of contents with the notation (by offer of proof) on the line below the witness’s name (example following). If the offer of proof has interrupted ongoing testimony, the witness’s name would appear twice on the table of contents, separated by a slash bar (example following).

1 JOHN DOE

2 previously sworn, called as a witness on behalf of the 3 plaintiff, testified telephonically as follows on:

4 DIRECT EXAMINATION CONTINUED

5 BY MR. SMITH:

JOHN DOE

called as a witness on an offer of proof, testified as follows on:

DIRECT EXAMINATION

BY MR. SMITH:

JOHN DOE

testified as follows on:

DIRECT EXAMINATION CONTINUED

BY MR. SMITH:

Q

W ITNESSES :

FOR TH E PLAINTIFF:

John Doe John Doe

(by offer of proof) Mary Johnson

TABLE O F CONTENTS

VOL DIRECT CROSS REDIRECT RECROSS

I I

I/II

25/35

(7) Voir Dire Examination is used during jury selection when a prospective juror is questioned as to the juror’s qualifications. In this instance, the words VOIR DIRE OF MARY JOHNSON is to be centered and in caps. The next line is the attorney/judge identification line as in any examination. When the second attorney or judge questions the juror, only the attorney/court introduction line is shown.

Voir dire examination is used when the court questions a witness for one or more pages, or when the testimony of a witness is interrupted by the opposing attorney who wishes to question the witness on a particular subject. It is usually referred to as voir dire, but not always. The jury may or may not be excused, however, if the jury is excused and questioning continues out of their presence, this is voir dire examination.

As in the above example, at the conclusion of voir dire examination, the original examination is set up as continued, along with the attorney identification line.

Page numbering for the table of contents will show the page number of the original examination, a slash bar, and the page number where the original examination is resumed after the voir dire examination. Voir dire is NOT shown on the table of contents.

If the court or counsel conduct voir dire examination of a witness who has not been set up as a witness at the beginning of a new day, set the witness up as follows:

If (1) the same witness testifies following voir dire examination as in the above example, or (2) the witness was testifying at the end of the previous day and is now resuming continued examination, or (3) the witness’s testimony has been interrupted by another witness, the entire witness setup is required using the phrase previously sworn.

DIRECT EXAMINATION

BY MR. JONES:

Q Did you say that you saw the defendant at noon?

A Yes, he was on Hanover Street at noon.

MR. SMITH: Your Honor, may I voir dire the witness?

THE COURT: You may.

VOIR DIRE BY MR. SMITH:

Q Where is Hanover Street in relation to your store?

13 A

North.

MR. SMITH: That’s all I have, Your Honor.

DIRECT EXAMINATION CONTINUED

BY MR. JONES:

1 JOHN DOE

2 called as a witness, testified as follows on:

3 VOIR DIRE EXAMINATION

4 BY THE COURT:

5 Q 6 A

1 JOHN DOE

2 previously sworn, called as a witness on behalf of the 3 plaintiff, testified as follows on:

4 DIRECT EXAMINATION CONTINUED

5 BY MR. SMITH:

6 Q 7 A

5. Breaks in Speech

Often, a speaker will break speech mid-sentence. This is indicated in the transcript in one of several ways described below.

a. Dashes: A series of two dashes (--) is used to show:

(1) Changes of Thought: When the speaker has a change of thought leaving a sentence unfinished to begin a new one:

Q Now, Mr. Smith, what did you -- where were you at the time in question?

(2) Repetition: When a speaker repeats a word or phrase:

A When I left the house -- when I left the house that day, I was running late for work.

(3) Mid-word: When a speaker leaves a word unfinished or starts another word:

Q Abou -- approximately what time of day do you believe that was?

(4) Interruptions: Occasionally, a speaker will be interrupted by another speaker before completing the sentence. Should this happen, the interrupted sentence would end with two dashes, with one space between the last word and the beginning of the dashes. If the speaker resumes the sentence after the interruption has ended, two dashes would appear at the beginning of the resumed sentence with one space after the dashes and before the next word:

MR. JOHNSON: Our company’s promise is to produce a high -- MR.

WILLIAMS: Tell me how -- MR. JOHNSON: -- quality, inexpensive product, finished on time.

(5) Fade Out: If a speaker fades out before ending a sentence, the two dashes are used:

MR. JOHNSON: When we concluded yesterday you were explaining --

(6) Change of Addressee: When an attorney who is questioning a witness interrupts a question mid-sentence to address the court or any courtroom participant other than the witness, this is shown by the two dashes.

When addressing the witness, type Q. When addressing the court or any other courtroom participant, type the introduction line of Mr., Ms., etc.:

Q You were explaining to us yesterday how --

MR. JOHNSON: Mr. Williams, may I have that exhibit you were using yesterday?

Q Would you explain what's illustrated on this exhibit, Exhibit 2?

Do not use punctuation before or after the dash:

Incorrect: Okay, sir, -- okay. Then what?

Correct: Okay, sir -- okay. Then what?

Do not split the two dashes at the end of a line.

b. Editing: With the exception of a judge or an attorney, all other speakers are to be transcribed verbatim. If a judge or an attorney repeats exact words or partial phrases, only the first repeated word or partial phrase need be transcribed. Changes of thought containing whole phrases are transcribed in full. If spoken by a judge or counsel, edit as follows:

(1) “Did -- did you -- did you know” and “Did you -- did you know” are transcribed as “Did you know.”

(2) “Did you go -- well, let me ask you this” involves a whole phrase and is transcribed as it is spoken.

(3) Do not edit stress points or words repeated for emphasis. For example, “Only then, only then did he admit he had a problem.”

6. Indistinct Portions

Occasionally when transcribing, there may be a word or words that cannot be heard or are garbled. Make every effort to transcribe it, but do not guess. If the phrase still cannot be deciphered, use one of the following summary phrases to clearly show the portion not transcribed.

a. Indiscernible: When a word or phrase is unintelligible and cannot be transcribed, it is indicated by the word (indiscernible). If the indiscernible phrase is the first word in a sentence, it should be capitalized. A description may be used for why the word or phrase was indiscernible. Examples:

(1) (indiscernible - away from microphone)

(2) (indiscernible - interrupted)

(3) (indiscernible - simultaneous speech)

(4) (indiscernible - cough)

(5) (indiscernible - voice lowered)

(6) (indiscernible - recording malfunction)

b. Inaudible Reply: Occasionally, a witness may answer by a shake or nod of the head that obviously is not recorded. If a question has clearly been asked and there is no audible answer, this is shown as a summary phrase (No audible response).

If any sound is heard that may be interpreted as the witness’s reply but it is indistinct, type the word (Indiscernible).

7. Pauses

Often, there will be silence during proceedings. Unless these pauses are at least one minute or more in duration, they are not indicated in the transcript. Pauses are depicted in two ways. If the pause occurs while a person is speaking, type the word (pause) on the same line and resume transcribing after the pause. If the pause occurs between speakers, type the word (Pause) on a separate line. If the pause occurs because a witness is being summoned, type the summary phrase (Witness summoned) on a separate line.

MR. SMITH: I'd ask you to turn to page 10 in particular. (Pause) I'm going to continue my examination while they review that document.

MR. SMITH: I'd ask you to turn to page 10 in particular.

(Pause) THE COURT: You may continue your examination while they are reviewing that document.

8. Exhibits

Items used as evidence in a trial:

a. Whenever an exhibit is ordered admitted by the court, the following phrase, in parentheses, is typed on a separate line, flush with the right margin:

b. Occasionally, an exhibit may be admitted with no obvious verbal proof in the oral record, but the clerk will indicate admission in the log notes or in the exhibit list. If the admission is only reflected in the exhibit list, note (per exhibit list) in the table of contents instead of the page number. If noted in the log notes, show the admission of the exhibit in the transcript at whatever point the log notes indicate:

Example: (Plaintiff's exhibit 2 admitted - see clerk's log notes) (Plaintiff's exhibit 2 admitted off record)

c. If other actions are taken after an exhibit is admitted, note them as follows:

(Plaintiff’s exhibit 2 re-admitted) (Plaintiff’s exhibit 2 withdrawn) (Plaintiff’s exhibit A re-admitted as plaintiff’s exhibit 2)

d. Any exhibits admitted during a recess are noted in the log notes and must be noted in the body of the transcript as shown below. This is to be located immediately following the recess notation.

9. Word Usage

a. Phonetic: If the correct spelling of a word or name cannot be ascertained after a diligent search using available resources such as Internet search engines, CourtView, or other research materials, type the word as it sounds phonetically, followed with (ph). Use the

(ph) each time the word or name is transcribed.

b. Sic: If a non-existent word is used, type the non-existent word with the word [sic] in brackets immediately following the word.

Example: John was told by his doctor that what he was suffering from rheumatic [sic] arthritis.

Witness's name is Christine, but she is constantly referred to as Christina [sic].

Case number 3AN-12-00011CR; misstated as 3AN-11-00012CR [sic].

c. Incorrect term: Should a speaker use a term that is known to be incorrect, type the term as spoken followed by the word [sic] in brackets.

Example: Harry and Tom is [sic] two of my best friends.

While explaining to a group of scholars his theory of relativity Einstein misinterpret [sic] part of his theory.

THE COURT: 1 is admitted.

(Plaintiff’s exhibit 1 admitted)

MR. SMITH: Thank you, Your Honor.

(Court recessed) (Plaintiff’s exhibit 3 admitted during recess)

THE CLERK: This court resumes its session.

d. Colloquialisms: The following is a brief list of colloquial terms frequently heard on record (exceptions on page 7, F.1.b.). They are typed as follows:

(1) Yeah.

(2) Uh-huh (affirmative).

(3) Unh-unh (negative).

(4) Huh?

(5) Yep.

(6) Ain’t

10. Grammar and Punctuation

a. Capitalization: To simplify format uniformity, capitalization is limited as closely as possible to proper nouns, such as names, dates, addresses, direct personal titles, company names, countries, states, races, nationalities, and acronyms (used instead of organization names, for example: FBI, CIA, DA, OPA, and PD).

Examples: When the judge was handing down his sentence, Mr. Smith did not seem surprised.

When Judge Greene announced Mr. Smith’s sentence, he did not seem surprised.

My name is Mr. Howard, Judge, and I’m here for Mr. Smith.

Mr. Howard is present with his client, Mr. Smith, and Mr. Ford is present for the state.

Present for the State of Alaska is Mr. Ford and Mr. Howard is here for Mr. Smith.

We received a call from the District Attorney’s Office that Mr. Kyle was ill and Ms. Schlock, another assistant district attorney, will be substituting for him.

b. Numbers:

(1) Numbers written out are the figures one through nine, fractions less than one (e.g., two-thirds, three-quarters), and numbers at the beginning of a sentence, except those listed below. All numbers 10 and above are to be written in figures

(e. g., 10, 11, 12). If a speaker says the word number preceding one through nine, type number 1, number 2. If a speaker says a hundred, type a hundred;

but if a speaker says one hundred, type 100.

(2) The following numbers are written in figures even at the beginning of a sentence:

(a) Exhibit numbers, e.g., 1, 2, 3, 4, etc.:

THE COURT: 1 is admitted.

(b) Legal citations, e.g., 28.35.030(a)(3):

28.35.030(a)(3) says, failure to yield right-of-way to pedestrians.

(c) Counts in an indictment are Roman numerals, I, II, III, IV, V, etc.:

There are five counts in this indictment: Count I is Driving While Under the Influence of Alcohol; II is Failure to Stop; III is Hit and Run; and IV is Reckless Endangerment.

(d) Time: Type the word “o’clock” only if stated.

1:00 is when we arrived at the airport.

11:00 o’clock on the dot, we boarded the plane.

(e) Dates and years:

What date in January did you say that happened?

14th, and I think it was on a Monday.

(f) Case numbers:

3AN-13-00054CR is the case number for the fraud charge.

(g) Addresses:

303 K Street, Suite 110

(h) Money:

$1.95, $100, or $100.50.

(i) Height and weight: 5' 6" and 140 pounds

(j) Caliber of gun:

.22 Winchester automatic, .35, .44 Magnum, 30-06

c. Quotation marks:

Use quotation marks only if the quoted material is available to verify a direct quotation. This scenario rarely occurs, so if the speaker says quote/unquote, type as follows:

Example: And then she said, quote, stop right there, unquote.

And then she said, quote/unquote, stop right there.

11. Interpreters

When a witness speaks limited or no English, an interpreter is used whose sole purpose is to literally translate the questions from English to the foreign language and the answers to English.

a. Literal Translation: A literal translation is when the attorney asks questions and the interpreter answers the question for the witness in the first person. The witness setup is as follows in the text box below.

b. Non-literal Translation: At times, an attorney will lapse into third person when asking questions, or the interpreter will lapse into the third person when translating a witness’s answer. When this occurs, the non-literal translation is transcribed as shown in the sample in the following text box:

10 JOHN DOE

11 called as a witness on behalf of the defendant, testified by and through 12 his interpreter, Ralph Smith, as follows on:

13 DIRECT EXAMINATION

14 BY MR. JONES:

15 Q How old are you, Mr. Doe?

16 A I’m 29.

17 MR. JONES: Ask him where he was born.

18 INTERPRETER: He says Mexico.

19 MR. DOE: Yeah, Mexico City.

12. Miscellaneous

a. Requested Portions: If a transcript request indicates a portion of a proceeding is NOT requested, transcribe to the last requested log number and note the following:

(1) Starting at the left margin, type the log number where transcribing stops.

(2) On the next line starting on the sixth space from the left margin, type the words (This portion not requested).

(3) On the next line starting at the left margin, type the log number where transcribing begins again. Start transcribing on the next line following the log number.

b. Previously Transcribed Portions: Occasionally, a transcript request may include a portion that has previously been transcribed. When this occurs, type the words (This portion previously transcribed).

c. Interrupted Proceedings: If a proceeding in a case is continued to a time later the same day, the in-court clerk may start a new title page log sheet for the continued hearing.

Indicate off record, court recessed, other matters, etc. A new day page is not required if the nature of the continued proceeding, the judge, and the appearances are the same as the earlier proceeding. If any of the above is different, a new day page is required.

d. Off Record/On Record: Each time the proceedings go off record, note it in the transcript by typing the words (Off record) in parentheses on the sixth space from the left margin.

Follow the same procedure if a recess is taken in the middle of the proceedings.

Transcribe the court saying “Let’s go off record” and/or the clerk saying “Off record.” Do not type log numbers when proceedings go off record and then resume if nothing is omitted from the transcribed portion. There is no need to type the phrase (On record) in parentheses when proceedings resume.

1 11:32:45 (This portion not requested)

3 1:10:11

1 11:32:45 (This portion previously transcribed)

3 1:10:11

1 THE COURT: I’ll now excuse you to deliberate.

2 3:13:38 3 (Other matters) 4 3:32:49

1 THE COURT: Madam Clerk, you may now go off record.

2 THE CLERK: Off record.

3 (Off record) 4 THE CLERK: On record.

e. Change of Media During a Hearing: Whenever there is a media or courtroom change during a hearing, type the ending log number or time at the left margin on a line and the words Courtroom change or CD change in parentheses on a separate line starting on the sixth space from the left margin. On the next line, indicate the new courtroom or CD number, and the log number or timestamps.

If the requested portion of a transcript is an excerpt of a proceeding, do not show media changes in portions not requested.

f. Depositions or Other Documents Read into the Record: Whenever a deposition or other document is read into the record, use the following format.

MR. TORT: Your Honor, I have the deposition of John I. Palmer, which lI’d like to read into the record, if Mr. Law will assist me.

3 MR. LAW: Be glad to.

4 THE COURT: All right. Go ahead.

5 (Whereupon a portion of the deposition of John I. Palmer was read;

6 questions by Joe Tort and answers by John Law as follows:)

7 Q Now, Mr. Palmer, you say you were sitting by your window.

8 A Yes, sir.

9 Q Did you observe anything unusual?

10 MR. LAW: (Interjecting) And then there was an objection.

11 THE COURT: All right. (End of interjection) 12 A Yes, I saw a man running down the alley.

13 (Whereupon the reading of a portion of the deposition of John I. Palmer 14 was concluded) 15 MR. TORT: That’s the end of the portion I wanted to read, Your Honor.

g. End of Transcript: At the end of every transcript, type the last log number on a separate line at the left margin. On the next line, centered, in caps, and in bold, type the words END OF REQUESTED PORTION. This phrase is typed at the end of the last volume only, not at the end of each day’s proceedings.

P R O C E E D I N G S

3AN1504-27

8:35:23

THE COURT: We’re on record. The parties are present.

(Court reads preliminary jury instructions)

10:01:07 (CD change)

3AN1504-28

10:01:08

THE COURT: We’ll take a short break before opening statements.

P R O C E E D I N G S Courtroom B 8:11:14

(This portion not requested) 10:38:12

THE COURT: You may make your opening statement.

MR. SMITH: Thank you, Your Honor.

14 THE COURT: Having heard all the arguments, if there is nothing further, 15 we’ll be in recess, subject to call.

16 (Court recessed) 17 3:13:35

18 END OF REQUESTED PORTION

h. Testimony/Event Reference: A testimony/event reference is a brief description noted in a header to aid in finding a witness and/or event in a transcript. The use of testimony/event references is optional.

I. Oath to Jury: At the beginning of jury selection, when a jury panel is sworn to answer questions as to their qualifications, type the summary phrase (Oath administered to panel) in parentheses on the sixth space from the left margin.

When the panel as a group responds to the oath, type the words THE PANEL in caps on the sixth space from the left margin followed by (Affirmative responses). After members of the panel are selected to serve as jurors and they are administered the oath, type the summary phrase (Oath administered to jury) in parentheses on the sixth space from the left margin.

When the jury as a group responds to the oath, type the words THE JURY in caps on the sixth space from the left margin followed by (Affirmative responses).

j. Polling of Jury: After the verdict is read, there may be a request to poll the jury. Do not transcribe the polling. Simply type on the sixth space from the left margin in parentheses (Clerk polls jury). Do not use log numbers before or after the summary phrase.

k. Case Citations: The practice of underlining or typing in italics case names and citations is optional.

A. Grand Jury Proceedings

CHAPTER III

GRAND JURY PROCEEDINGS

The format for a grand jury transcript varies slightly. The only participants in a grand jury proceeding are the district attorney, the in-court clerk, and the members of the grand jury. There is no judge, defense counsel, or defendant present. The district attorney and the grand jurors question the witnesses on direct examination. There is no cross examination.

Grand jury proceedings are usually short, lasting one day or less. Though there is a limited table of contents, a combination Volume Title/Day Page (Appendix J) is used unless the proceeding is more than one day, in which case a Volume Page and a Day Page would be required (Appendix K and L).

There is a limited table of contents for grand jury proceedings, listing the witness’s name and the page number where the name appears in the transcript. Exhibits are not shown on a grand jury table of contents.

TABLE OF CONTENTS

WITNESSES DIRECT

3 John Smith 5

4 Joan Jones (telephonically) 10

5 Joe White 15/20

6 Paul Jensen 35

In a grand jury proceeding, the clerk is administered an oath by…