Also known as:on-the-record · official record · for the record
Written by attorneys · grounded in primary & secondary sources — see below
An official transcript or recording of statements, testimony, or rulings made during a judicial proceeding such as a trial or deposition.
Sources & Authorities
How it applies
Common Examples
6
Summary Judgment Reasons Stated
Odin Obeng moved for summary judgment on his contract claim against Odyssey Logistics. The district court reviewed the undisputed facts and granted the motion. The judge then dictated the legal analysis and factual findings into the transcript before entering judgment.
Objection Preserved During Trial
Oakley Osei offered an email into evidence at trial. Orbit Communications objected on hearsay grounds and stated the precise basis on the transcript. The court admitted the email, and the objection later supported the appellate argument.
Guilty Plea Colloquy Recorded
Owen Ortega pleaded guilty to wire fraud before the district court. The judge questioned him about the rights he was waiving and confirmed his understanding on the transcript. The plea was later upheld because the record showed it was voluntary and intelligent.
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Jury Instruction Objections Heard
Otis Olsen requested a specific causation instruction in his products liability trial against Oakridge Manufacturing. The court held a sidebar outside the jury's presence and allowed counsel to state objections on the record. The preserved objections formed the basis for the subsequent appeal.
Definitive Ruling on Evidence
Oskar Ocampo moved in limine to exclude prior conviction evidence in his criminal trial. The court ruled definitively on the record before trial that the evidence was admissible. No further objection was required at trial to preserve the claim of error.
Writing Produced for Inspection
Omar Olson testified at a hearing and used notes to refresh his recollection. Omega Energy demanded production of the writing. The court ordered the notes produced, inspected them in camera on the record, and allowed cross-examination of the relevant portions.
Common questions
Frequently Asked
5
When must a court state its reasons on the record under the summary judgment rule?+
The court must state on the record the reasons for granting or denying a summary judgment motion. This requirement ensures the parties and any reviewing court understand the basis for the decision.
Supporting sources
How does placing an objection on the record preserve a claim of evidentiary error?+
A party preserves a claim of error in admitting evidence by timely objecting on the record and stating the specific ground. Once the court rules definitively on the record, the objection need not be renewed at trial.
Supporting sources
Why must a guilty plea appear on the record to be valid?+
A guilty plea must be shown on the record to be voluntary and intelligent. A silent record that fails to demonstrate the defendant's understanding of waived rights is constitutionally inadequate.
Supporting sources
What opportunity must the court provide before delivering jury instructions?+
The court must give the parties an opportunity to object on the record and out of the jury's hearing before the instructions and arguments are delivered.
Supporting sources
When is a writing used to refresh recollection subject to production on the record?+
An adverse party may have the writing produced at the hearing, inspect it, cross-examine the witness about it, and introduce related portions into evidence. The court examines the writing in camera on the record if unrelated matter is claimed.
Supporting sources
424 U.S. 1 (1976)Legislation and Regulation
…from candidacy in future Federal elections. In any case in which the Commission, after notice and opportunity for a hearing on the record in accordance with section 554 of Title 5, makes a finding that a person who, while a candidate for Federal office, failed to file a report required by subchapter I of this chapter, and…