How to File a Trial Record

The trial record is the recording of everything that happens in a trial. It includes a word-for-word recording of all that happens in a courtroom, as recorded by the court stenographer. A complete trial record will include transcripts of everything spoken, evidence given and verdicts pronounced. A trial record of every single trial is kept on file by the government, and most can be accessed for review.

Instructions

Difficulty: Moderate

1. Review the transcript of a trial continually as it progresses. It is the responsibility of your attorney to ensure the accuracy of the trial record and to check it for mistakes or omissions. If such an error is found, a separate hearing may be convened to review the information.
2. Check the trial record for accuracy after the trial is complete. A copy of the file will be sent to both counsels for review following the trial and it is their responsibility to verify its accuracy and its completeness.
3. Request corrections and additions. Once a trial record is on file, each counsel has 30 days to review it. If additions or corrections are needed, it is counsel's responsibility to file the appropriate request with the clerk's office. Any request for additions or corrections must specifically cite the date of the proceedings and the nature of the problems. It should also cite the court reporter's name, if that information is available.
4. Check that the clerk has delivered the copy of the trial record to the judge once additions or corrections have been identified. The judge must schedule a hearing for additions and corrections within 15 days after you file.
5. Request computer-readable copies of the trial record be sent to you. Parties involved in the case have a right to the trial record under file and should be sent hard copies that can be scanned and read on a computer.
6. File for an extension if the stated time limit for review is insufficient. The court may grant an extension for review if the trial record is exceedingly long or for other reasons. Any granted extension will explicitly state the justification used to extend the length and will then be on file with the supreme court.

Tips & Warnings

• Laws governing how a trial record is filed vary slightly from state to state. Talk to an attorney to verify the review period for a trial record granted in your state.