Also known as: report · reports · reporters · case reporter · law report · official reports
Written by attorneys · grounded in primary & secondary sources — see below
A person responsible for recording or preparing official reports or transcripts of legal proceedings or investigations. The role requires accurate documentation under applicable procedural rules and may confer self-authenticating status on resulting records when formal requirements are met.
During a federal grand jury investigation into corporate fraud, the government calls a witness to testify about financial records. A court reporter sits in the room and transcribes every question and answer. The presence of the reporter satisfies the procedural requirement that all proceedings while the grand jury is in session be recorded, allowing the government to later review the transcript for consistency with the witness's trial testimony.
After responding to a traffic accident, Officer Ramirez completes an official incident report detailing the vehicles involved and the statements of the drivers. Because the report records matters observed while the officer was under a legal duty to report, it qualifies for admission under the public records exception when offered in a later civil suit by one of the drivers.
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A state crime lab analyst prepares a written report identifying a substance seized from the defendant as cocaine. The report was created for use in the pending prosecution. At trial the government offers the report without calling the analyst. The defendant objects, arguing that the report is testimonial and that the analyst must appear for cross-examination.
In a paternity action, the testing laboratory issues a genetic report stating that Roberto Reyes cannot be excluded as the father. The report is signed under penalty of perjury by a laboratory designee and is presented to the court. Because the report meets the statutory formalities, it is self-authenticating and admissible without further testimony from the laboratory personnel.
A lawyer retained by a corporate client prepares a written evaluation of pending litigation for the client's auditors. The evaluation contains confidential client information. The lawyer includes a legend stating that the report is protected and may not be disclosed further without client consent, satisfying the formal requirements for such reports.
After an oral agreement for the sale of commercial property, the seller's agent sends the buyer a signed letter confirming the essential terms. The buyer later claims the contract is unenforceable under the statute of frauds. The seller produces the letter as a memorandum sufficient to satisfy the statute even though it was created after the oral agreement.
A court reporter or recording device operator must be present while the grand jury is in session to record all proceedings except deliberations and voting. The rule ensures an accurate record exists for later use by the government or the court.
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No. When the report is in a record and signed under penalty of perjury by a laboratory designee, it is self-authenticating and admissible without testimony from laboratory personnel.
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Forensic reports prepared for prosecution are testimonial statements under the Confrontation Clause. The defendant therefore has the right to cross-examine the analyst who prepared the report rather than having the report admitted without live testimony.
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…not lie to the head of a department as to actions enjoined by law but that in that case the mandamus ought not to issue if the report did not confer a legal right. That doctrine is not novel now advanced. It is true the mandamus now sought is not for performance of an act expressly enjoined by statute but to deliver a…