Rule 8:11 – Reporters and Transcripts of Proceedings in Court

May 14, 2021 | Family Law, Virginia

Any party has the right to have a court reporter present to take down or record the proceedings. In all proceedings not open to the public it is within the sound discretion of the judge as to whether a court reporter may take down or record the proceedings on behalf of a person not a party. In all other proceedings, any person not a party may bring a court reporter to take down the proceedings. Court reporters, when present, must be first duly sworn to take down and transcribe the proceedings faithfully and accurately to the best of their ability and are subject to the control and discipline of the judge.

In proceedings open to the public, when a court reporter is present and takes down or records the proceeding, any interested person is entitled to obtain a transcript, unless the court records remain confidential pursuant to § 16.1-305. In proceedings not open to the public, when a court reporter is present and takes down or records the proceeding, a party is entitled to obtain a transcript without prior court order, but the court may limit the circulation of the transcript by a party. In such proceedings not open to the public, other than (i) proceedings closed for good cause pursuant to subsection C of § 16.1-302 and which result in an adjudication of delinquency of a juvenile, who was fourteen years or older at the time of the offense, on the basis of an act which would be a felony if committed by an adult or (ii) proceedings resulting in a subsequent adjudication of delinquency as described in subsection B1 of § 16.1-305, all other interested persons are entitled to a transcript only by order of court stating for whom such transcript is prepared and what restrictions, if any, are imposed on the use and distribution of the transcript, its contents or any part. In delinquency proceedings which are closed for good cause pursuant to subsection C of § 16.1-302 and which result in an adjudication of delinquency of a juvenile, who was fourteen years or older at the time of the offense, on the basis of an act which would be a felony if committed by an adult, when a court reporter is present and takes down or records the proceeding, any interested person is entitled to a transcript, except for those transcripts or portions of transcripts which the judge has ordered to remain confidential pursuant to subsection B1 of § 16.1-305. In proceedings resulting in an adjudication of delinquency which is subsequent to a prior adjudication of delinquency of a juvenile who was fourteen years or older at the time of the prior offense and whose prior adjudication was on the basis of an act which would be a felony if committed by an adult, when a court reporter is present and takes down or records the proceeding, any interested person is entitled to obtain a transcript, except for those transcripts or portions of transcripts which the judge has ordered to remain confidential pursuant to subsection B1 of § 16.1-305.

The proceedings may be taken down by means of any recording device approved by the court.

Va. Sup. Ct. 8:11

Amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.