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ALASKA COURT SYSTEM MANUAL OF TRANSCRIPT PROCEDURES

June 2007 Appellate Court 303 K Street, 4th Floor Anchorage, AK 99501

TF-410 (6/07)(cherry cvr)
Manual of Transcript Procedures June 2007

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. All transcribers are encouraged to submit the applicable Transcriber Audio Evaluation form (Appendix X). Transcribers employed by the Alaska Court System or under contract with the court system must submit a completed form with each transcript. The Alaska Court System reserves the right to duplicate any transcript filed with the court without payment of fees to the transcriber.

Manual of Transcript Procedures June 2007

TABLE OF CONTENTS PART I CHAPTER I SPECIFICATIONS A. PAPER 1. Size 2. Weight 3. Color INK COLOR PREPRINTED MARGINAL LINES LINE NUMBERING PAGE NUMBERING 1. Volume page 2. Table of contents 3. Day pages 4. Proceedings page 5. Certificate TYPING 1. Letter quality 2. Type size 3. Number of lines per page 4. Margins 5. Spacing 6. Hyphenation/word division 7. Paragraphing 8. Indentations a. Q & A b. Colloquy 9. Legibility FORM Condensed Form a. Software b. Full pages/maximum number of pages in a volume c. Electronic version d. Duplexing (double sided copies) e. Binding COPIES ELECTRONIC VERSION MEDIA LABELING 2 2 2 2 2 2 2 2 2 2 2 2 2 PAGE

B. C. D. E.

F.

3 3 3 3 3 3 3 3 3 3 3

G.

4 4 4 4 5 5 5 5 5

H. I. J. II

FORMAT A. B. C. D. E. VOLUMES VOLUME TITLE PAGE TABLE OF CONTENTS DAY PAGE COMBINATION VOLUME TITLE/DAY PAGE 6 6 6 7 8

Manual of Transcript Procedures June 2007

TABLE OF CONTENTS, CONTINUED PAGE F. CONTENT 1. Verbal a. b. c. d. e. f. 2. 3. 4. Striking Portions of the Proceedings Editing of Speech Reporting of Audio/Video Recordings Private Communications and Off the Record Conversations Laughter Jury Instructions 8 8 8 8 9 9 9 9 9 10 10 10 11 11 11 11 11 12 12 13 14 14 Changes of Thought Repetition Mid-Word 14 14 14 15 Interruptions Fade Out Change of Addressee 15 15 15 15 16 16 16 16 17 17 17 17

Summary Phrases Identification of Speakers Examination of Witnesses a. b. Witness Identification Types of Examination (1) (2) (3) (4) (5) (6) (7) Direct Examination Cross Examination Redirect Examination Recross Examination Continued Examination Offer of Proof Voir Dire Examination

5.

Breaks in Speech a. Dashes (1) (2) (3) b. Dots (1) (2) (3) c. Editing

6.

Indistinct Portions a. b. Indiscernible Inaudible Reply

7. 8. 9.

Pauses Exhibits Word Usage a. b. Phonetic Sic

Manual of Transcript Procedures June 2007

TABLE OF CONTENTS, CONTINUED PAGE c. d. 10. Incorrect Term Colloquialisms 17 18 18 18 18 19 19 19 19 20 20 20 20 21 21 22 22 22 22 22 22 23 25 26

Grammar and Punctuation a. b. c. Capitalization Numbers Quotation Marks

11.

Interpreters a. b. Literal Translation Non-literal Translation

12.

Miscellaneous a. b. c. d. e. f. g. h. I. j. k. Requested Portions Previously Transcribed Portions Interrupted Proceedings Off Record Change of Media During Trial or Hearing Depositions or Other Documents Read Into the Record End of Transcript Testimony/Event Reference Oath to Jury Polling of Jury Case Citations

III IV V PART II VI

GRAND JURY PROCEEDINGS SEARCH WARRANTS CERTIFICATION

CLASSIFICATION OF TRANSCRIPT ERRORS A. B. FORMAT VERBATIM ERRORS 1. Minor 2. Major C. D. E. PUNCTUATION SPELLING INDISCERNIBLE 1. Bench Conferences 2. Speech Away from a Microphone and Telephonic Speech F. TRANSCRIBER aud EVALUATION

28 28 28 28 28 31 31 32 32 32 32 33

VII

APPENDIX

Manual of Transcript Procedures June 2007

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

Manual of Transcript Procedures June 2007

CHAPTER I SPECIFICATIONS A. PAPER 1. 2. 3. B. Size: Paper size shall be 8-1/2 x 11 inches. Weight: The weight of paper shall be at least 20 pounds for both originals and copies. Color: Good quality white paper is required.

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 1-5/8 inches from the left side of the page and ends 1/2 inch from the right side of the page. The use of top and bottom marginal lines are 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. 2. Volume pages are counted but not physically numbered. Tables of Contents pages are numbered with small Roman numerals, i, ii, iii, etc., and are not included in the transcript page numbering sequence. 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). Each page after the day page is numbered with consecutive numbers. The certificate is always the last page of every transcript and is numbered. The certificate page number is not shown on the volume page. Example of page numbering: Single volume Volume I is Page 1 Table of Contents is Page i Day Page is Page 2 Proceedings Page is Page 3 Certificate is last numbered page Multiple volumes Volume II is Page 785 Day Page is Page 786 Proceedings Page is Page 787 Certificate is last numbered page

3.

4. 5.

Manual of Transcript Procedures June 2007

2

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. Type Size: The letter character size shall be 10 characters to the inch. This provides for approximately 63 characters to each line. 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. Margins: Text is to begin on each page at the 1-5/8 inch left margin and continue to the 1/2-inch right margin. This provides for 6-3/8 inches of text per line inside the left and right marginal lines. Spacing: Lines of transcript text shall be double spaced. 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. 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. 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. 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.

2.

3.

4.

5. 6.

7.

8.

b.

9.

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

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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.

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4

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. 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, or a spiral binding, 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.

e.

H.

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.

I.

ELECTRONIC VERSION 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 an electronic version of the transcript on a 3.5" formatted high-density floppy disk or a CD-R disc for transcripts comprised of multiple volumes. A transcript shall be formatted in: WordPerfect for Windows 6.0 or higher, or Microsoft Word. The electronic version of a transcript may not be in condensed format.

J.

MEDIA LABELING The CD's or 3.5" formatted high-density floppy disks must be labeled as follows:

Use CD labeler or permanent marker to label CD

9Metal Strip Down9

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5

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. 2. 3. 4. Volume title page (Appendix B). Day page (Appendix E). Transcribed proceedings (Appendix G). First volume must contain a table of contents (if required) for all volumes (Appendix C and D). Last volume must contain a certificate (Appendix H).

5. B.

VOLUME TITLE PAGE The volume title page (Appendix B) is an introductory page showing the following information: 1. 2. 3. 4. 5. 6. 7. Court name District Case caption Case number Volume number The line TRANSCRIPT OF PROCEEDINGS centered in caps and underlined. 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). Alaska Court System Disclaimer

8. 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;

Manual of Transcript Procedures June 2007

6

2. 3.

Any exhibits admitted; or 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, jury trial, sentencing, etc.). The title of the proceedings for the table of contents must read the same as it appears on the day page. Examples of important events in each proceeding are: (1) (2) (3) (4) (5) (6) (c) Jury selection Opening statements Witnesses Exhibits Closing arguments Verdict

(b)

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 the same as it appears in the transcript, i.e., middle initial/no middle initial, full name, Jr., etc. Rebuttal and surrebuttal witness setups 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 not 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). 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.

(e)

D.

DAY PAGE Information for the day page (Appendix E) is obtained from the in-court clerk's log notes (Appendix BB ). Each day of proceedings must begin with a day page indicating: 1. 2. 3. 4. Nature of proceeding Name and title of judge or other official presiding Location of proceeding, date and beginning time 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

Manual of Transcript Procedures June 2007

7

acts as his 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).

Type of Proceeding: If an entire trial lasting several days is to be transcribed, but jury selection is 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.
10 11 TRIAL BY JURY (EXCERPT)

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.
10 11 12 TRIAL BY JURY, CONTINUED (EXCERPT) VERDICT

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. 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. Type: going to kind of got to because Instead of: gonna kinda gotta `cause 8

b.

Examples of Exceptions:

Manual of Transcript Procedures June 2007

them must have could have c.

'em musta coulda

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 tape starts, the summary phrase (audio tape or videotape played) and the ending log number where the playing of the tape stops. If a tape 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 AA). If a witness narrates a video as it is being played, show log numbers at the beginning and conclusion of the video only.

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. Laughter: Do not use the parenthetical expression of (laughter). Jury Instructions: Do not transcribe the actual reading to the jury of the preliminary or final jury instructions, unless specifically requested to do so.

e. f.

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. b. c. d. e. f. (Oath administered) (Witness summoned) (Jury excused) (Jury recalled) (Whispered conversation) (Defendant fingerprinted) g. h. I. j. k. l. (Off record) - except at the end of a day (Court recessed) - except at the end of a day (Bench conference as follows:) (End of bench conference) (In-chambers conference as follows:) (End of in-chambers conference)

Whispered conversations at the bench are to be transcribed and are to be set out as follows:
1 2 3 4 5 6 7 8 9 10 11 MR. SMITH: Your Honor, may we approach the bench? THE COURT: You may. (Bench conference as follows:) MR. SMITH: Your Honor, I'd like to move for the exclusion of witnesses. I failed to do that earlier. I need to (indiscernible ) until then. THE COURT: Any objection? MR. JONES: No, Your Honor. (End of bench conference) THE COURT: You may proceed, Mr. Smith.

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Log numbers before and after summary phrases are included when a portion of the tape is 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. b. c. d. e. f. g. 3. (Court reads preliminary jury instructions) (Court reads final jury instructions) (This portion not requested) (This portion previously transcribed) (Other matters) (Audio tape played) (Videotape played)

Identification of Speakers All speakers are properly identified throughout the transcript by using MR., MRS., MS., MISS, and their last name. The judge is identified as THE COURT, and the in-court clerk is identified as THE CLERK. 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. 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 during arraignments the assistant public defender or municipal attorney is not identified on the record or the log notes. You should first call the Transcript Coordinator's Office to see if they have or can obtain that information for you from the court file. If, however, the name cannot be obtained, she would then be identified in the transcript as 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) (2) The witness's name centered and in caps. Do not bold or underline. 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: 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 examination thereafter, this line is abbreviated to indicate testified as follows on: On the next line centered and in caps is the type of examination such as DIRECT, CROSS, REDIRECT, RECROSS, or CONTINUED EXAMINATION.

(3)

(4)

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(5)

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

1 2 3 4 5 6 7 8

JOHN DOE

called as a witness on behalf of the plaintiff, testified as follows on:
DIRECT EXAMINATION THE CLERK: State your name for the record. John Doe. A THE CLERK: Thank you. BY MR. JONES:

1 2 3 4 5

JOHN DOE

testified as follows on:
CROSS EXAMINATION BY MR. SMITH: Q

(6)

If, after the defense rests, the plaintiff wishes to reopen his 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.

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. If a witness is called a second time on behalf of the opposing party. During an offer of proof. However, an offer of proof is only identified in a transcript when it is so referenced on record.

(b)

(c)

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. Redirect Examination is questioning again by the first attorney reexamining the witness on matters raised on cross examination. Recross Examination is questioning by the opposing attorney reexamining the witness on matters raised on redirect. Attorneys may question in turn several times on redirect and recross. If this occurs, 11

(3)

(4)

Manual of Transcript Procedures June 2007

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 offer 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 any 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.

1 2 3 4 5 6

JOHN DOE

previously sworn, called as a witness on behalf of the plaintiff, testified telephonically as follows on:
DIRECT EXAMINATION CONTINUED BY MR. SMITH: Q

(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
1 JOHN DOE 2 called as a witness on an offer of proof, testified as follows 3 on: 4 DIRECT EXAMINATION 5 BY MR. SMITH:

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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
1 JOHN DOE

2 testified as follows on: 3 DIRECT EXAMINATION CONTINUED 4 BY MR. SMITH: 5 Q

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 TABLE OF CONTENTS 2 WITNESSES: VOL DIRECT CROSS REDIRECT RECROSS 3 FOR THE PLAINTIFF: 4 John Doe I 25/35 69 75 100 5 John Doe I 30 ---6 (by offer of proof) 7 Mary Johnson I/II 175 325 ---

(7)

Voir Dire Examination is used during jury selection when a prospective juror is questioned as to her 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.
5 DIRECT EXAMINATION 6 BY MR. JONES: 7 Q Did you say that you saw the defendant at noon? 8 A Yes, he was on Hanover Street at noon. 9 MR. SMITH: Your Honor, may I voir dire the witness? 10 THE COURT: You may. 11 VOIR DIRE BY MR. SMITH: 12 Q Where is Hanover Street in relation to your store? 13 A North. 14 MR. SMITH: That's all I have, Your Honor. 15 DIRECT EXAMINATION CONTINUED 16 BY MR. JONES:

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.
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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 that has not been set up as a witness at the beginning of a new day, set the witness up as follows:
1 2 3 4 5

JOHN DOE called as a witness, testified as follows on: VOIR DIRE EXAMINATION BY THE COURT: Q

If the same witness (1) 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.

1 2 3 4 5 6 7

JOHN DOE

previously sworn, called as a witness on behalf of the plaintiff, testified as follows on:
DIRECT EXAMINATION CONTINUED BY MR. SMITH: Q 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: Q Now, when you left the house -- when you left the house that day, where did you go?

(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?

The two dashes are typed together with a space before and after. Do not split the two dashes at the end of a line.

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Do not use punctuation before or after the dash: Incorrect: Okay, sir, -- okay. Then what? Correct: Okay, sir -- okay. Then what?

Do not use dashes to indicate interruption of the speaker, or when the speaker fades out: Incorrect: Correct: b. Well, when you were testifying yesterday -Well, when you were testifying yesterday.....

Dots: A series of five dots (.....) indicates the speaker has left a sentence incomplete for one of the following reasons: (1) Interruptions: Occasionally a speaker will be interrupted by another speaker before completing the sentence. Should this happen, the interrupted sentence would end with five dots with no space between the last word and the beginning of the five dots. If the speaker resumes the sentence after the interruption has ended, five dots would appear at the beginning of the resumed sentence with no space after the five dots and 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. (2) Fade Out: If a speaker fades out before ending a sentence, the five dots are used: MR. JOHNSON: When we concluded yesterday you were explaining..... (3) 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 five dots. 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 c. Would you explain what's illustrated on this exhibit, Exhibit 2?

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

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(3)

Do not edit stress points. 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) (2) (3) (4) (5) (6) b. (indiscernible - away from microphone) (indiscernible - interrupted) (indiscernible - simultaneous speech) (indiscernible - cough) (indiscernible - voice lowered) (indiscernible - recording malfunction)

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.

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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:
1 2 3 THE COURT: 1 is admitted.

(Plaintiff's exhibit 1 admitted)
MR. SMITH: Thank you, Your Honor.

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. Show 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)

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.
1 2 3

(Court recessed) (Plaintiff's exhibit 3 admitted during recess)
THE CLERK: This court resumes its session.

9.

Word Usage a. Phonetic: If the correct spelling of a word or name cannot be ascertained from available resource material, type the word as it sounds phonetically, followed with (ph). Use the (ph) each time the word or name is transcribed. 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-02-00001 CR; misstated as 3AN-01-00002 CR [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.

b.

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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) (2) (3) (4) (5) (6) Yeah. Uh-huh (affirmative). Unh-unh (negative). Huh? Yep. 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 instead of organization names such as 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. 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. 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, II, III, IV, V:

(2)

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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-S95-00054 CR., is the case number for the fraud charge. (g) Addresses: 303 K Street, Suite 110. (h) Money: $1.95, $100, or $100.00. (i) (j) Height and weight: 5' 6" and 140 pounds 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, stop right there.

11.

Interpreters When a witness speaks no English, or only partially, 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: 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:

b.

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10 11 12 13 14 15 16 17 18 19

JOHN DOE called as a witness on behalf of the defendant, testified by and through his interpreter, Ralph Smith, as follows on: DIRECT EXAMINATION BY MR. JONES: Q How old are you, Mr. Doe? A I'm 29. MR. JONES: Ask him where he was born. INTERPRETER: He says Mexico. 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) (2) Starting at the left margin, type the log number where transcribing stops. On the next line starting on the sixth space from the left margin, type the words (This portion not requested ). 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.

(3)

1 2 3

11:32:45 (This portion not requested) 1:10:11

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).

1 2 3

11:32:45 (This portion previously transcribed) 1:10:11

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 appearances are the same as the earlier proceeding. If any of the above is different, a new day page is required.

1 2 3 4

THE COURT: I'll now excuse you to deliberate. 3:13:38 (Other matters) 3:32:49

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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 2 3 4

THE COURT: Madam Clerk, you may now go off record. THE CLERK: Off record. (Off record) THE CLERK: On record.

e.

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

1 2 3 4 5 6 7 8 9 10

PROCEEDINGS 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.

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

1 2 3 4 5 6 7

PROCEEDINGS H-1236 0003 (This portion not requested) 0250 THE COURT: You may make your opening statement. MR. SMITH: Thank you, Your Honor.

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f.

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Q A Q

A

MR. TORT: Your Honor, I have the deposition of John I. Palmer, which I'd like to read into the record, if Mr. Law will assist me. MR. LAW: Be glad to. THE COURT: All right. Go ahead. (Whereupon a portion of the deposition of John I. Palmer was read; questions by Joe Tort and answers by John Law as follows:) Now, Mr. Palmer, you say you were sitting by your window. Yes, sir. Did you observe anything unusual? MR. LAW: (Interjecting) And then there was an objection. THE COURT: All right. (End of interjection) Yes, I saw a man running down the alley. (Whereupon the reading of a portion of the deposition of John I. Palmer was concluded) 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.
14 15 16 17 18 THE COURT: Having heard all the arguments, if there is nothing further, we'll be in recess, subject to call. (Court recessed) 3:13:35 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. 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 the words I do. 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 the words I do. 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. Case Citations: The practice of underlining or typing in Italics case names and citations is optional.

I.

j.

k.

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CHAPTER III GRAND JURY PROCEEDINGS A. 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 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.
1 2 3 4 5 6 TABLE OF CONTENTS WITNESSES DIRECT

John Smith Joan Jones (telephonically) Joe White Paul Jensen

5 10 15/20 35

In a grand jury proceeding, the clerk is administered an oath by the foreperson of the jury to keep secret the proceeding. This oath is to be shown in the transcript as a summary phrase (Oath administered to clerk ) in parentheses. On the next line, type the words THE CLERK followed by the clerk's response. The clerk or the foreperson may swear in the witnesses. After the clerk is sworn in, the district attorney will introduce the case and read the indictment, the statutes, and the definitions contained in the statutes. Do not transcribe the actual reading of the indictment, statutes, and definitions unless specifically directed to do so. Use a summary phrase on the next line beginning at the sixth space from the left margin (DA reads indictment, statutes, and definitions) in parentheses. However, if the district attorney reads a portion from the statute and gives an explanation to the grand jurors in a narrative form, transcribe the explanation, then resume the reading as follows: (DA continues reading of indictment, statutes, or definitions). The district attorney is referred to as MR. SMITH or MS. SMITH. The clerk is referred to as THE CLERK. The foreperson is referred to as THE FOREPERSON. The jurors are referred to as UNIDENTIFIED JUROR, unless the name has been previously stated: JUROR SMITH: Witnesses called to testify before a grand jury are not testifying on behalf of any party. The witness shall be set up as follows:
5 JOHN DOE 6 called as a witness, testified as follows on: 7 DIRECT EXAMINATION 8 BY MR. SMITH: 9 Q 10 A

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The district attorney questions the witness first. When questioning has concluded, the district attorney will ask the grand jurors if they have any questions. (Page 15, Editing) There is no cross examination. When the grand jurors ask questions, do not set the witness up again. Simply type BY UNIDENTIFIED JURORS and continue with Q and A.
13 14 15 16 17 18 19 20 21 22 23 24 JOHN SMITH

called as a witness, testified as follows on:
DIRECT EXAMINATION BY MR. ATTORNEY:

Q All right. Thank you, Mr. Smith. That's all the questions I have for you. A You're welcome. MR. ATTORNEY: Do members of the grand jury have any questions? BY UNIDENTIFIED JURORS: Q Did you see anything else? A No.

A witness may testify, be excused, another witness testify, and then the first witness recalled to testify again. Should this occur, the witness is set up as previously sworn and he would be on direct examination continued. List both page numbers on the table of contents separated with a slash bar where the witness's name appears (Appendix C).

1 2 3 4 5 6 7

JOHN SMITH

previously sworn, called as a witness, testified as follows on:
DIRECT EXAMINATION CONTINUED BY MR. JONES: Q A

If the district attorney states that an exhibit is admitted, transcribe the district attorney stating the exhibit is admitted, but do not designate the admission on a separate line as in a trial. Grand jury exhibits are not shown on the table of contents. At the conclusion of all testimony before the grand jury, the district attorney will submit the case to the jury for deliberations and go off record. After deliberations, everyone will come back on record. The district attorney will ask if the grand jury has reached a decision. The foreperson will state whether the grand jury has voted a true bill or no true bill on each of the counts in the indictment. Count numbers in an indictment are written in Roman numerals; Count I, Count II, Count III. At the conclusion of the grand jury proceedings, type a summary phrase (Off record) in parentheses beginning on the sixth space from the left margin. On the next line, type the ending log number/time at the left margin. On the following line, centered, in caps, and in bold, type the words END OF REQUESTED PORTION

14 15 16 17 18 19

MR. SMITH: That concludes this case. I'll withdraw the exhibits and we can go off record. THE CLERK: Off record. (Off record) 0382 END OF REQUESTED PORTION

A grand jury transcript contains a certificate as the last numbered page in the transcript (Appendix H).

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CHAPTER IV SEARCH WARRANTS A. Applications for Search Warrants The format for search warrant transcripts is the same as any other transcript. (Appendix M and N)

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CHAPTER V CERTIFICATION Each transcript prepared for the Alaska Court System must be certified by the person who transcribed it and must bear an original signature. (Appendix H and I) The certificate may not be in condensed form and may not be duplexed. In completing the certificate, the page numbers of the foregoing pages (Appendix H, line 3) are from the first day page through the last page of proceedings and the certificate page is the next page number following the last page of proceedings. The certificate page number is not shown on the last volume page.

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

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CHAPTER VI CLASSIFICATION OF TRANSCRIPT ERRORS Transcripts prepared for the Alaska Court System by transcribers employed by the court system or under contract with the court system must comply with Part I and Part II of this manual. Some deviations from the manual are acceptable. Others are not. These standards were developed for transcribers under contract with the Alaska Court System to explain what the court system regards as minor errors that can be overlooked and what it regards as major errors that compromise the quality of the transcript. Transcripts prepared for the court system must be at least 99.95 percent accurate. To determine the accuracy rate of a transcript, the court system considers the allowable number of major errors in a random sample. A. FORMAT The Alaska Court System (ACS) expects contractors to follow the format requirements set out in this manual including all amendments thereto. A transcript that contains any of the following format errors will be returned for correction: 1. 2. 3. Information on volume title page or day page is inaccurate; No table of contents; Table of contents does not contain all required information or contains inaccurate information (e.g., incorrect page numbers, etc.); Page numbering does not comply with the manual or with special instructions given by the transcript coordinator (or another ACS employee); Tape and log numbers in the transcript are omitted or are incorrect; Any errors contained in the certificate, or no certificate; Any other significant departures from the format required by the manual.

4.

5. 6. 7. B.

VERBATIM ERRORS The Manual of Transcript Procedures (TF-410) requires that a transcript contain all words and other verbal expressions uttered during the course of the proceeding. Limited exceptions to this requirement are listed in Part I of this manual II (F) (1) and II (F) (5) (c). The following minor verbatim errors are also acceptable; however, the major verbatim errors listed on pages 30, 31 and 32 are counted when determining the accuracy rate of a transcript. 1. MINOR verbatim errors are defined as follows: a. Omission of a spoken word that does not affect the meaning of the sentence: Example: Recorded: Transcribed: Recorded: Transcribed: Recorded: Transcribed: Okay. I saw the man. I saw the man. All right. And then what happened? And then what happened? And I saw the man outside the window. I saw the man outside the window.

Recorded: Transcribed: Recorded:
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I would move for the introduction. I would move for introduction. He thought that he had been there. 28

Transcribed: Recorded: Transcribed: b.

He thought he had been there. That's all I have, Your Honor. Thank you. That's all I have, Your Honor.

Omission of uh-huh when used by someone who is merely following what another person is saying. However, omission of uh-huh when used as an expression of assent is a major verbatim error: Example: Acceptable omission: Recorded: WITNESS: ATTORNEY: WITNESS: ATTORNEY: WITNESS: ATTORNEY: WITNESS: ATTORNEY: Transcribed: WITNESS: And then I went into the store and I saw the man with the gun and the ski mask and he points the gun at me. Uh-huh. And then I went into the store..... Uh-huh. .....and I saw the man with the gun..... Uh-huh. .....and the ski mask..... Uh-huh. .....and he points the gun at me. Uh-huh.

ATTORNEY: Unacceptable omission: Recorded: ATTORNEY: WITNESS: ATTORNEY: WITNESS: ATTORNEY: WITNESS: ATTORNEY: WITNESS: Transcribed: ATTORNEY:

And then you went into the store..... Uh-huh. .....and you saw the man with the gun..... Uh-huh. .....and the ski mask..... Uh-huh. .....and he points the gun at you. Uh-huh.

WITNESS: c.

And then you went into the store and you saw the man with the gun and the ski mask and he points the gun at you? Uh-huh.

Incorrect word that does not affect the meaning of the sentence: Example: Recorded: Transcribed: Thank you, Judge. Thank you, Your Honor.

Recorded: Transcribed: Recorded: Transcribed:
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I don't know whether you want to. I don't know if you want to. She stated there was not. She said there was not.

29

Recorded: Transcribed: d. Improper editing: Example: Recorded: Transcribed: Recorded: Transcribed: e. Incorrect verb tense: Example: Recorded: Transcribed: Recorded: Transcribed: 2.

She wouldn't have done that. She would not have done that.

There -- there should have been. There should have been. And I want an instr. -- an explanation of that. And I want an explanation of that.

You each had the opportunity. You each have the opportunity. I worked there in the winter. I work there in the winter.

MAJOR verbatim errors are defined as follows: a. Inclusion or exclusion of a negative or affirmative that is not in the electronic record: Example: Recorded: Transcribed: Recorded: Transcribed: b. I did not commit the murder. I did commit the murder. I wouldn't care if you did. I would care if you did.

Omission or inclusion of a spoken word or phrase that affects the meaning of the sentence: Example: Recorded: Transcribed: Recorded: Transcribed: Mr. Smith possessed a handgun. Mr. Smith knowingly possessed a handgun. Do you think you understand what you're being charged with? Do you think you're being charged with?

c.

Incorrect word that affects the meaning of the sentence or whose usage is obviously wrong to a person familiar with legal terms and proceedings: Example: Recorded: Transcribed: Recorded: Transcribed: Recorded: Transcribed: Recorded: Transcribed: Recorded: A small package was simulating marijuana. A small package was assumably marijuana. Your Honor, it's my motion. Your Honor, it's my mission. They are excused from their subpoenas. They are excused from these proceedings. Anything in the wallet or concealed anywhere. Anything in the wallet or sealed anywhere. In reference to our motion for judgment of acquittal on Counts I, II, and III.... In reference to our motion for judgment and put them on Count I, II, and III....

Transcribed:

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d.

Failure to recognize legal terms or phrases: Example: Recorded: Transcribed: Recorded: Transcribed: Recorded: Transcribed: ...motion in limine filed by the defense. ...motion to eliminate a file by the defense. That would justify the warrantless search. That would justify the warrant was search. The plain touch doctrine is being adopted. The play and touch doctrine is being adopted.

e.

Wrong dates, days of weeks, years, times, exhibit numbers: Example: Recorded: Transcribed: Recorded: Transcribed: Recorded: Transcribed: It was Monday, February 5, 1996. It was Tuesday, March 4, 1995. It was at 10:30 in the morning. It was at 11:30 in the morning. Exhibit D is admitted. Exhibit B is admitted.

f.

Omission of uh-huh when used as an expression of assent. Omission of uh-huh when used by someone who is merely following what another person is saying is a minor verbatim error. For examples, see section B1b.

g.

Incorrect speaker: Example: Recorded: Transcribed: MR. SMITH: Yes, Your Honor. MR. JONES: Yes, Your Honor.

If the transcriber is uncertain who is speaking after listening to the tape a reasonable amount of time, one minute maximum, the transcriber should type the words UNIDENTIFIED VOICE. h. Any error that alters the meaning of the record.

C.

PUNCTUATION The Alaska Court System expects transcribers to use commonly accepted rules for punctuation. In determining the accuracy rate of a transcript, the court system only counts punctuation errors that alter the meaning of the record as a major error.

D.

SPELLING A transcript that has an average of more than two spelling errors per page will be returned for correction. A word phonetically spelled will not be classified as a misspelled word. A typographical error will be classified as a misspelled word. Transcribers use the `Spell Check' feature on computer software. Correct spelling of homonyms is required: Example: To, too, and two; you and ewe; dough and doe; seam and seem; principal and principle. Transcribers are expected to refer to specialty dictionaries such as medical, legal, etc., and to use other reference material such as a phone book, atlas, internet, etc., when necessary to achieve correct spelling.

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E.

INDISCERNIBLE The Alaska Court System expects transcribers to tune in to individual channels on transcribing equipment to assist in clarifying INDISCERNIBLES. In determining the accuracy rate of a transcript, the court system counts as a major error an indiscernible that is discernible to the transcript coordinator (or another ACS employee) when listening to the same cassettes used by the transcriber, except in the circumstances listed below: 1. Bench Conferences. Until the recording quality of bench conferences improves, transcribers are only required to transcribe what is discernible to them after listening a minimum of one minute. Transcripts will not be rejected because of INDISCERNIBLE in a bench conference unless the transcriber failed to transcribe speech that was discernible to the transcript coordinator (or another ACS employee) after listening to the conference no less than one minute. Speech Away from a Microphone and Telephonic Speech. Transcribers must attempt to transcribe what is said by speakers who have stepped away from a microphone and by speakers who are participating telephonically. However, if after a reasonable time, one minute minimum, the transcriber cannot discern what was said, the transcriber must type a summary phrase in parentheses (Indiscernible - away from microphone or Indiscernible telephonic speech.) Transcripts will not be rejected because of INDISCERNIBLES that are marked in this manner unless the transcriber failed to transcribe speech that was discernible to the transcript coordinator (or another ACS employee) after listening to that portion of the audio no less than one minute.

2.

F.

TRANSCRIBER AUDIO EVALUATION All transcribers employed by the Alaska Court System or under contract with the court system must submit a completed Transcriber Audio Evaluation form (Appendix X).

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APPENDIX

SAMPLE PAGES: Combination Volume Title Page/Day Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Volume Title Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-D

Day Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E Day Page with No Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F Proceedings Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H Correction Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Grand Jury Combination Volume Title Page/Day Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J Grand Jury Volume Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K Grand Jury Day Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L Search Warrant Volume Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M Search Warrant Day Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N Volume Title Page for Children's Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O Day Page for Children's Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P Title Page for Workers' Compensation Board Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q Day Page for Workers' Compensation Board Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R Volume Page for Alaska Bar Association Disciplinary Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . S Day Page for Alaska Bar Association Disciplinary Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T Voir Dire Examination Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U Multiple Party Volume Title Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Page with Tape Playing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W Transcriber Audio Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Guidelines for Preparation of Confidential Transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y Log Notes Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z

Manual of Transcript Procedures June 2007

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