Also known as: official shorthand writers · court reporter · stenographer
Written by attorneys · grounded in primary & secondary sources — see below
A court official authorized to create a verbatim record of testimony and proceedings through shorthand or stenographic methods. The resulting transcript serves as the official account for use in grand jury sessions, preliminary hearings, and other proceedings where accuracy of the spoken word is required.
Owen Ortega testified before a federal grand jury about insider trading at NimbusCode. The assistant U.S. attorney arranged for the official shorthand writer to be present and transcribe the entire examination. The writer remained in the room while Ethan Park answered technical questions, ensuring a complete record under the attendance rules.
Owen Ortega testified before a federal grand jury about insider trading at NimbusCode. The official shorthand writer recorded every question and answer on a stenographic machine. After the session the government attorney took custody of the notes and arranged for preparation of the certified transcript.
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Olivia Owens challenged the admission of laboratory certificates at her drug trial. The official shorthand writer had transcribed the earlier hearing at which the analysts described their testing methods. The transcript later helped establish whether the analysts' statements were testimonial.
Omar Olson sued over a civil service hiring decision that favored veterans. The official shorthand writer recorded the testimony of personnel officials explaining the ranking formula. The transcript captured the precise statements later reviewed for discriminatory intent.
Opal Okoro faced disciplinary charges for misleading advertisements. The official shorthand writer created the verbatim record of the hearing before the disciplinary board. That transcript formed the basis for the court's review of the sanction imposed.
Odin Obeng moved to suppress his statement to police. The official shorthand writer recorded the testimony of detectives and the defendant at the suppression hearing. The resulting transcript allowed the court to assess the credibility of the witnesses on the coercion issue.
Only government attorneys, the witness being questioned, interpreters when needed, and the court reporter or recording operator may attend while the grand jury is in session. The official shorthand writer performs the recording function and therefore fits within the permitted category.
An unintentional failure to record does not affect the validity of a prosecution. The rule expressly preserves the prosecution even when the recording is incomplete through no fault of the government.
The rules permit a court reporter or operator of a recording device without requiring government employment. Private stenographers may serve in the role provided they are designated to create the official record.
…590, 55 L. Ed. 753 (1911), rejected a challenge to the use of certificates, sworn out by a clerk of court, a trial judge, and a court reporter, stating that defendants had been present at trial. Those certificates, like a copyist's certificate, met every requirement of the Court's current definition of "testimonial." In rejecting…