The person who takes notes in court, in the official sense, is the court reporter, also called a stenographer or judicial reporter. Federal law requires every court session to be recorded verbatim, and the court reporter is the professional who produces that record. Attorneys, paralegals, judges, clerks, jurors, and spectators may also take notes, but none of their notes carry the legal weight of the court reporter’s certified transcript.
What a Court Reporter Does
A court reporter captures every spoken word during trials, hearings, and depositions. The output is a certified transcript, the legally authoritative account of what happened in the courtroom. Under federal law, each session must be recorded verbatim by shorthand, mechanical means, electronic sound recording, or another approved method, then certified and filed with the clerk, who must preserve the originals for at least ten years.1Office of the Law Revision Counsel. 28 USC 753 – Reporters
Two methods dominate the profession. Stenographic reporters type on a 22-key stenotype machine, pressing key combinations to produce shorthand at 225 words per minute or more, with computer-aided transcription software converting the shorthand to readable English. Voice writers repeat everything said in the courtroom into a stenomask, a handheld device with high-powered microphones that captures only the reporter’s voice while keeping it virtually inaudible to everyone else. Speech recognition software converts the dictation into text in real time.
Some courts also use digital audio recording monitored by a technician instead of a live reporter. These systems have trade-offs. Audio recordings can suffer from background noise, overlapping speakers, or inaudible exchanges, leaving gaps in the record. A live reporter can interrupt and ask a speaker to repeat something; a recording device just keeps running.
Training, Certification, and a Shrinking Workforce
Court reporting takes specialized education, typically a program of two or more years covering machine shorthand, transcription, English grammar, and legal and medical terminology. Many states require a licensing or certification exam before a reporter can work.
Stenographic reporters pursue the Registered Professional Reporter (RPR) credential from the National Court Reporters Association, which tests skills at speeds up to 225 words per minute plus a written exam on technology, industry practices, and ethics. Voice writers pursue the Certified Verbatim Reporter (CVR) credential from the National Verbatim Reporters Association, which uses similar benchmarks. Both exams require at least 95 percent accuracy on dictation segments.
The profession is shrinking. The number of working stenographers has dropped roughly 21 percent over the past decade, and the decline is expected to continue. The shortage creates scheduling pressure and drives up costs, which is one reason more jurisdictions are experimenting with digital recording as a supplement. For anyone involved in litigation, the practical result is that transcripts can take longer and cost more than they did a few years ago.
Other People in the Courtroom Who Take Notes
Several other participants routinely take notes during a court proceeding. None of their notes become part of the official record.
- Attorneys take extensive notes to track witness testimony, flag inconsistencies, and prepare for cross-examination or closing arguments. These are strategic tools.
- Paralegals at counsel’s table often take detailed notes alongside the attorney, tracking exhibits, witness statements, and how testimony fits the case theory.
- Judges may keep personal notes on complex testimony, procedural issues, or points to address in a ruling. These notes are for the judge’s own reference.
- Court clerks handle administrative note-taking tied to scheduling, case management, and document filing. Their work supports logistics rather than the substance of the proceeding.
Can Jurors Take Notes?
Whether jurors can take notes is up to the presiding judge. Most jurisdictions allow it, and many judges encourage it, but the practice is not guaranteed. The judge also decides whether jurors can bring their notes into deliberations. Some judges hand out notepads at the start of trial; others require a specific request.
Juror notes are memory aids only. They are not evidence, and jurors are typically instructed not to let their notes substitute for their independent recollection. At the end of deliberations, juror notes are collected and destroyed. They never become part of the court record.
Spectators, Phones, and Live Posts
Members of the public in the gallery can generally take handwritten notes during open proceedings. Courts treat this as part of the public’s right to attend trials. The notes are personal and have no official status.
Electronic devices are treated differently. Judicial Conference policy prohibits broadcasting, recording, or photographing court proceedings for public dissemination without authorization.2U.S. Courts. Guide to Judiciary Policy, Vol. 10, Ch. 4 – Cameras in the Courtroom Most federal courthouses allow you to bring a phone in, but using it to make audio or video recordings in the courtroom is prohibited unless the presiding judge specifically authorizes it. Many state courts follow similar rules. Quietly typing notes on a phone or tablet may be tolerated in some courtrooms, but a judge can restrict anything distracting, so ask the courtroom deputy before you start.
Live-tweeting or live-blogging sits in a gray area. Federal policy targets electronic recording and broadcasting but does not specifically address text-based social media posts. In practice, individual judges set the rules. Some permit journalists to send text updates; others ban all device use during proceedings. If you plan to post from a courtroom, check the local rules and ask chambers in advance.
When a Witness Uses Notes on the Stand
A witness who cannot remember something may glance at notes or another document to refresh their memory. Federal Rule of Evidence 612 governs this and gives the opposing side important rights. If a witness uses a writing to refresh memory while testifying, the adverse party can demand to see the document, cross-examine the witness about it, and introduce any relevant portion into evidence.3Legal Information Institute. Federal Rules of Evidence Rule 612 – Writing Used to Refresh a Witness
Any notes a witness brings to the stand are fair game for the other side. If the notes contain material unrelated to the testimony, the judge reviews them privately, removes the unrelated portions, and hands over the rest. If a party refuses to produce the writing, the court can strike the witness’s testimony entirely, or in a criminal case, declare a mistrial.3Legal Information Institute. Federal Rules of Evidence Rule 612 – Writing Used to Refresh a Witness Witnesses and the attorneys preparing them should treat any notes brought to the stand as documents the other side will read.
Ordering and Paying for the Official Transcript
If you need a copy of a federal court transcript, you order it from the court reporter by submitting Form AO 435 to the clerk’s office. A separate form is required for each case number. The court will notify you of a required deposit, and the turnaround clock does not start until the deposit is paid.
Federal courts set maximum per-page rates based on how quickly you need the transcript. Under the schedule effective October 1, 2024:4United States Courts. Federal Court Reporting Program
- Ordinary 30-day delivery: $4.40 per page for the original
- 14-day delivery: $5.10 per page
- Expedited 7-day delivery: $5.85 per page
First copies to each party cost $1.10 per page regardless of speed, and additional copies run $0.75 per page. Faster options exist, including three-day, next-day, two-hour, and realtime delivery, at higher rates. State courts set their own fee schedules, typically ranging from about $3.00 to $9.00 per page depending on the jurisdiction and turnaround.
Trial transcripts can run hundreds or thousands of pages, so costs add up quickly. A five-day trial that generates 1,000 pages at the ordinary federal rate costs $4,400 for the original. Courts may waive or reduce fees in some situations, particularly in criminal cases covered by the Criminal Justice Act.
Why the Transcript Matters on Appeal
The court reporter’s transcript is the backbone of any appeal. Federal Rule of Appellate Procedure 10 defines the record on appeal as the original papers filed in the trial court, a certified copy of the docket entries, and the transcript of proceedings.5Legal Information Institute. Federal Rules of Appellate Procedure Rule 10 – The Record on Appeal An appellant arguing that a trial court finding was unsupported by the evidence must include a transcript of all evidence relevant to that finding.
The appellant has 14 days after filing a notice of appeal to order the necessary portions from the court reporter and must make payment arrangements at that time. If the appellee thinks additional portions are needed, they can designate those parts within 14 days of being served with the appellant’s order.5Legal Information Institute. Federal Rules of Appellate Procedure Rule 10 – The Record on Appeal Missing this deadline usually leaves the appellate court with an incomplete picture, which hurts the party who failed to act.
If no transcript exists because the proceedings were never recorded, the appellant can prepare a statement of the evidence from the best available means, including personal recollection, and submit it for the opposing party’s review. Courts treat these substitute statements with far more skepticism than a certified transcript, which is one more reason the court reporter’s role sits at the center of the system.