Court Reporting Terminology Flashcards
Federal and state statutes to protect trade and commerce from unlawful restraint, prior discrimination, price-fixing, and monopolies.
Anti-trust laws
A conversation held by attorneys with the judge out of the hearing of the jury, may also be called a sidebar.
Bench conference
The last page to appear within a transcript, dated and signed by the Court Reporter, who took the matter, attesting that the transcript is true and accurate.
Certificate page
A question extracted from a deposition and transcript by the reporter, to be taken to a judge, having jurisdiction in the matter for a ruling.
Certified question
Professional responsibility of reporter, to not disclose testimony to others; confidentialities extends to scopists, transcribers, and office staff.
Confidentialities
Jury selection, opening statement, examination of witnesses, physical evidence, plaintiff rest motion for direct verdict, defendant’s, case in chief, defendants rest, plaintiff’s rebuttal, defendant’s, surrebuttal, closing arguments, jury instructions, jury deliberations, and verdict, entry of judgment.
Elements of civil trial
Jury selection, opening statements, plaintiff’s case in chief defendant’s case in chief, prosecution, rebuttal, and defense surrebuttal, closing arguments, jury instructions, jury, deliberations, inverted, polling of jury.
Elements of criminal trial
Title, index, stipulations, body, exhibit, certificate.
Elements of transcript
A page separate from the transcript, upon which a deponent is permitted to correct any errors he or she claims are present in a transcript.
Errata page
Material items of physical evidence introduced by attorneys to corroborate and confirm oral testimony, or to introduce new evidence, which are marked for identification, so they can be discussed.
Exhibit
A portion of the federal rules of civil procedure, which defines matters pertinent to the taking of depositions; many states pattern the rules pertaining to depositions after this rule.
Federal Rule 30
Self-employed reporter, or one who works for an agency to report depositions and other proceedings as a subcontractor. 
Freelance reporter 
Professional responsibility, a reporter, to be fair and unbiased to each participant in a proceeding, and to be alert to, and disclose any potential conflict of interest.
Impartiality
Proceedings in which a non-English-speaking witness testifies through an interpreter, following an oath administer to the interpreter that he or she will truly interpret the testimony for the witness.
Interpreted proceedings
Extra services an individual reporter or agency offers, clients, including instant viewing, ASCII disks, keyboard, indexing, condensed transcripts, and print options.
Litigation support services 
A form of attestation by which a person calls upon his god is to witness truth of his testimony, called affirmation, when all reference to god is omitted; also referring to a swearing the witness.
Oath
During a deposition, a discussion held by attorneys, which is not reported; requires the agreement of all attorneys present.
Off the record
A reporter who works in a courtroom setting or does reporting for governmental agencies.
Official reporter
An expression or statement added to a transcript by the reporter, to explain non-verbal situation or movements, which occurred during a proceeding.
Parenthetical notation
Having high standards in one’s career, the ability to work with great skill, and treating all persons in a fair, impartial, and unbiased manner.
Professionalism
An order issued by court to permit, one party to temporary hold back certain documents, or information, or to protect a person from harassment or service of process, may also be used when interrogatories or request for production are oppressed or burdensome.
Protective order
A reporter may be requested to read back portions of testimony, following an objection, when a question needs to be rephrased, or following, a brief recess in the proceedings.
Readback (noun); read back (verb):
A preprinted form that is filled in at the time of the proceeding, or from the reporters notes, which indicates date, time, and location of the proceeding, appearances, exhibit, and witnesses, as well as any other information, pertinent for billing or contact, may also be called information sheet, poop sheet, dope sheet, dog, and control sheet.
Reporter’s worksheet
A transcript which is not fully edited, and may contain errors, does not include a title page, appearance page, or certificate page, but should contain a disclaimer and header or footer, stating that it is a rough draft.
Rough draft transcript
The title or style of the case includes the name of the parties, the venue of the matter, and the case number, may also be called the caption or the headings.
Style of the deposition
Examination by attorneys of prospective jurors with regard to qualifications, lack of prejudice, and general knowledge and understanding; at depositions or at trial, examination by, attorneys, of an expert witness with regard to qualifications as an expert.
Voir dire
The proper transcription of the name of a witness, as it appears within the transcript, referring to the information that appears between the time a witness is called, and when he or she begins testimony; includes the calling of the witness, the oath is transcribed, his or her name, keyed, in spread-heading format, and who the witness was called for or whether he or she is the plaintiff, or defendant, and may also include asking the witness to state his, or her name, and address for the record.
Witness setup
Also known as; frequently used in captions.
a/k/a (a/k/a)
Estate law – a lapse in succession during what there is no person in whom title is vested.
Abeyance
Excerpts from the official records, containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability.
Abstract of title
The clause of a writ or declaration containing statements of damages claimed.
Ad damnum
For only the particular case at hand.
Ad hoc
The rendering of a decision, sometimes the decision itself.
Adjudication
For the purpose of the suit.
Ad litem
A solemn and formal declaration of asservation that an affidavit is true, that the witness will tell the truth, etc., being substituted for an oath in certain cases.
Affirmation
With greater reason or more convincing force.
A fortiori
From another source; from outside.
Aliunde
The claim of fact that a party makes in a pleading.
Alligation
Formality of courts inquiry of prisoner as to whether he or she has any legal cause to show why judgment should not be pronounced against him or her on verdict of conviction.
Allocution
Friend of the court, one who volunteers information, with the court ‘s permission, on matters of the law.
Amicus curiae
Auxiliary, supplementary.
Ancillary
The case summaries which follow and construed the statutes printed in the commercially produced status books. They are not official.
Annotations
The defendant’s, pleading, which response to the plaintiffs petition or complaint.
Answer
Listed prior in same index or material
Ante
The act of submitting oneself to the court officially, usually with the attorney, filing with the clerk.
Appearance
The party seeking a change in the lower courts, decision, or administrative order by an appeal to a higher court.
Appellant
In criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge.
Arraignment
Money which is overdue and unpaid.
Arrearage
A written order of the court, which is made on behalf of the state, or United States, and is based upon a complainant issue, pursuant to statute and/or court rule and which command law enforcement officer to arrest a person and bring him to magistrate.
Arrest warrant
A carrying away; felonious, removal of goods.
Asportation
A procedure, where, by the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined.
Attachment
The attorney, whose name appears in the official record as a lawyer, representing the party.
Attorney of record
The process of taking some security to guarantee that accused person with a person appear at a hearing or trial. 
Bail
The courtroom attendant who maintains order and facilitates the conduct of the trial.
Bailiff
A number stamped on each page of exhibits, in preparation of a case for trial.
Bates stamp
Intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching.
Battery
One who benefits from the act of another.
Beneficiary
Evidence from the most reliable source; an original as against a copy.
Best evidence
A statement for a defendant of the specific acts charged.
Bill of particulars
In the document that a lawyer files with the court arguing the law and facts in support of his/her case.
Brief
The duty that falls upon a party, to prove a fact affirmatively.
Burden of proof
System of correlated rules are standards.
Canon
The heading on a feeding, containing name of court, county, parties, and the title of the document.
Caption
In contemplation of death.
Causa mortis
Warning.
Caveat
Let the buyer beware.
Caveat emptor
Appellate review, proceeding, examining action of inferior court for further information; a writ of review or inquiry.
Certiorari
A judge’s office.
Chambers
Moving a case from one county to another.
Change of venue
An item of personal property.
Chattel
An item a personal property so affixed to the real estate as to be considered a part they of; a fixture.
Chattel real
Indirect evidence; evidence from which you can draw a conclusion, but it, it’s self, does not establish the fact.
Circumstantial evidence
An order issued by the police, or a court of competent jurisdiction commanding a person to appear before a judge or magistrate on a day named.
Citation
Relating to private rights and remedy, stop by suit, distinct from criminal proceedings.
Civil
An action brought by a group of people, having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate in any single proceeding.
Class action
Kindness, mercy, forgiveness, leniency, usually relating to criminal acts e.g., a communication from death sentence to life imprisonment.
Clemency
Compilation of all existing law, in effect under a system of subjects in a particular jurisdiction.
Code
Secret cooperation for a fraudulent purpose.
Collusion
Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.
Common law
The party making complaint, thus instigating prosecution in a legal action.
Complainant
The first document filed in a lawsuit by the plaintiff setting forth claim or case.
Complaint
The taking of private property for public use upon the payment of compensation.
Condemnation
In contract law, value given or received; can be money, services of property, or mutual performance is; the factor that makes a contract binding.
Consideration
Acts which impede the court. It can be failure to carry out an order, or it can be disrespectful conduct.
Contempt of court
The lawyer must win to get paid.
Contingent fee
Stubborn resident to authority.
Contumacy
The body of the crime; that is, the physical object upon which the crime was committed.
Corpus delicit
That which strengthens or confirms.
Corroboration
The expenses of a trial, or proceeding, which may be charged to one or both of the parties – usually does not include the attorney’s fees.
Costs
A distinct statement of plaintiffs cause of action; a complaint or indictment may contain one or more counts.
Count
The claim that the defendant may make against a plaintiff in the plaintiff’s action against him.
Counterclaim
A change or revocation of orders, authority, or instructions previously issued.
Countermand
Court which is required to make a record of and preserve its proceedings.
Court of record
A complainant by defendant, setting forth any cause of action he against any of the parties who filed a complaint against him and/or any cause of action, he has against a person alleged to be liable thereon.
Cross-complaint
Interrogation of a party, or a witness by the other side, to test, knowledge, observation, and credibility.
Cross-examination
Doing business as.
d/b/a
The monetary redress which one seeks to recover from another.
Damages
One which simply declares the right of parties or expresses opinion of the court on a question of law without ordering anything to be done. It is distinguish from other actions in that it does not seek execution or performance from the defendant or opposing parties.
Declaratory judgment
A decision, or order of a court often a dissolution of marriage decree.
Decree
An instrument effecting a transfer of real estate.
Deed
In fact, indeed, actually.
De facto
Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment, against one who failed to act.
Default
One against who the action is brought.
Defendant
Already seen; the illusion of having previously experience something actually encountered for the first time.
Déjà vu
Descriptive of a condition in which there has been total compliance with all requirements of law; right; legitimate; lawful.
De jure
Insignificant; minute; frivolous.
De minimums
A pleading, which says, “I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.“
Demurrer
A new; starting over as though not done before.
De novo
Taking a testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath, and reduced to writing.
Deposition
Any court’s decision, the statement of a rule, or principle of law, which is not essential to the determination of the issues any particular case, but is used to explain the court’s reasoning.
Dictum
A multi-volume collection of abbreviated cases summaries arranged by subject matter. A research tool.
Digest
A verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide.
Directed verdict
That offered by eyewitnesses as contrasted to circumstantial evidence, from which conclusions are drawn.
Direct evidence
Interrogation of one’s own party or witness.
Direct examination
Repudiation or renunciation of a claim, or power vesting in a person; refusal or rejection of an estate of right offered to a person; disavowed or denial.
Disclaimer
The pretrial process, whereby one side seeks to discover facts known by the other side. May be done by means of deposition, written interrogatories, physical examination, or production of books and records.
Discovery
Dismissal without trial which permits party to bring another civil action for the same cause, unless civil action is otherwise barred.
Dismissal without prejudice
Dismissal without trial which bar is the assertion of the same cause of action or claim against the same party.
Dismissal with prejudice
The opinion of a judge who does not agree with the majority of the court.
Dissent
Termination; frequently used in “dissolution of marriage.“
Dissolution
To deprive or dispossess especially of property, authority, or title.
Divest
A formal recording entered in brief, of the proceedings in a court of justice.
Docket
A rule, principal, theory, or tenant of the law.
Doctrine
In patent infringement law, if two devices, do the same work in substantially the same way and accomplish substantially the same results, they are the same, even though they differ in name, form, or shape.
Doctrine of equivalence
The actual place that is home to the person. It is stronger than residence. You may have several residences simultaneously, but only one domicile.
Domicile
Being prosecuted twice for the same crime.
Double Jeopardy
According a person, all of the rights and privileges afforded by the law.
Due process
Exempli gratis; for example
e.g,
A right of access onto, over, under, or across real property.
Easement
Freed of parental control, although not yet having reached age of majority.
Emancipation
Fraudulent use of money and trusted to one’s care.
Embezzlement
The power to take private property for public use through condemnation proceedings and compensation.
Eminent domain
All of the judges on one court sitting together.
En banc
A claim, lien, charge, or liability attached to and binding real property.
Encumbrance
Usually to stop a person from doing some act by court order.
Enjoin
As used in trial work, means a system of justice for causes of action, not governed by specific statutes of law; negligence is a law action; injunction is an equity action. As used in property or contract law, means the interest that person has in property he/he is mortgaging, or is buying; the amount remaining over and above the amount of the mortgage thereon or balance, due on the purchase price under the contract to buy the same.
Equity
Held by a third-party until an a great event takes place.
Escrow
