402 in limine format question

[Kyung]

just got an order to transcribe a criminal proceeding in Superior Court. Whoo-hoo!! More work, just what i always wanted. Of course, they ordered it at the same time as a 300-page expedite but that is another story and I digress. (But it's amazing how they know when you are the most busiest and want to add one more straw to your back). Anyhoo...

Here's the sitch.

Attorney only wants a partial transcript of the testimony of one witness that I did. But during the trial they took him on a 402 in limine.

Here's my questions.
1. How should the index look?
2. What parenthetical should I use for the body of the transcript?

Please let me know if I need to further clarify what I'm asking for.

Thanks for your help

[kathy - iamwrdsmth]

well, in my opinion the portion they are requesting should look
as though you cut it out of an already completed transcript. The
index should reflect only what occurred in the portion you
extract.

ex: if Exhibit A was marked on page 4, and you are
extracting pages 30-50, then Exhibit A would not be on the
index page.

p.s. number the pages 1-20 (or however many pages you
have) even though the part you are preparing is from the
middle of a hearing and would have been on pages 30-50 had
the entire hearing's transcript been produced.

kathy

[Kyung]

So you're saying don't list it on the index at all. Okay. But he's requesting the testimony of the witness. And in the middle of his testimony, they did an in limine hearing. I'm a little confused.

How about in the body of the proceeding? Do I put DIRECT EXAMINATION/CROSS EXAMINATION, all that good stuff?

[kathy - iamwrdsmth]

Kyung,

It is possible for you to extract the 402 motion if you wish
to go to that much effort.

I always tell at attys who ask me for a specific
portion, that I cannot cut multiple portions out of the
hearing. I think if I were to cut pieces of testimony here
and there and paste it into a 'partial' transcript, that
my 'partial' transcript would not show, truly, the essence
of the hearing. besides I don't want to be responsible to
cutting something out that the atty needed or including something that might later be taken out of context and misinterpreted.

but a motion is a little bit different. if the motion is
heard outside the presence of the jury (aren't most
of them?) then you probably already have that motion
separated in your transcript by a page break or a blurb
or some other indication. so just producing the testimony wouldn't be difficult.

are there any criminal reporters out there who could
advise what the protocol of producing a transcript of
testimony with a motion having been heard right in the
middle of testimony would do??

and who's requesting this transcript?? The D.A.? don't
they usually want the entire transcript??

I think you might first check with your court reporters
office at the courthouse and get your hands on a court
reporter's manual and see whether there are any rules
governing this type of 'partial' transcript production.
let us know what you find out!!
:))
kathy
sorry, i guess after all that blah, blah, blah, I don't
have a definitive answer for you

[Kyung]

This is Fullerton Superior Court.

He wants the testimony of the witness in front of the jury. And there was a small portion where they asked the witness questions out of the presence of the jury. He wants that part also. He just doesn't want the rest of it.

Since this is a partial. I think I'm not going to have any exhibit index. And I'm not going to do big complicated witness exhibit. Just may list direct exam and cross.

But since I am producing the in limine portion as part of this transcript, I was just wondering if I needed to note that on the index somehow.

[kathy - iamwrdsmth]

and yes, if you want to make it easy for the atty,
add underneath the examination portion :

MOTION IN LIMINE PAGE 45

or whatever the page number is.
you're such a nice reporter to include
that for him!!
:))
kathy

[kathy - iamwrdsmth]

kyung,
I'd just ask Sherry or Stacie or one of the other reporters up there
to advise you. I'm sure they've all done something like this before.
I would certainly indicate on the index what page the dir exgs and
cros exgs starts just like for any other transcript. using your software,
you can make it insert it for you (are you on StenoCAT? I can tellyou
how)

I really like the parenthetical Trina suggested! it's perfect!!
then on the cover where you put the title of the transcrpt,
use: Reporter's Transcript of the Testimony of
Dr. Jon D. Goode (or whatever his name is)

;))
kathy