Bindinglaw

WI · rules

SCR 71.04

Transcripts

activein force · 2019-04-22 – presentact-effective-date

(1) The verbatim record required under SCR 71.01 (2) need not

be transcribed unless required by this rule, any statute or court order.

(2) The original transcript of any proceeding, whether complete

or partial, shall be filed with the court and shall be the official record of

the proceedings. The cost of such transcript shall be borne as provided

in this rule and in s. 814.69, stats.

(3) A court may order a court reporter to transcribe and file all or

any part of the testimony and proceedings in any action or proceeding in

the court.

(3)(m) A court reporter may transcribe any proceeding as needed

when the verbatim record was made by another court reporter or other

person.

(4) Except when requested by a party or by a guardian ad litem

appointed in the proceedings, the verbatim record of a proceeding under

ch. 48, 767 or 938, stats., shall be transcribed only upon order of the

court.

(5)(a) When a defendant is sentenced to a state prison, the

original transcript of any portion of the proceedings relating to the

prisoner's sentencing shall be filed with the court and a certified

duplicate shall be filed at the institution within 120 days from the date

that the sentence is imposed.

(b) The original transcript of all other testimony and proceedings

upon order of the court shall be filed with the court and a certified

duplicate shall be delivered to the prisoner within 120 days of the

prisoner's request made to the clerk of court.

(c) The original transcript of all other testimony and proceedings

upon order of the court shall be filed with the court and a certified

duplicate shall be delivered to the institution within 120 days of its

request made to the clerk of court.

(d) Filing and delivering transcripts under this rule is the

responsibility of the clerk of court.

(6) Except as provided in sub. (4), every court reporter, upon the

request of any party to an action or proceeding, shall make a typewritten

transcript, and as many duplicates thereof as the party requests, of the

verbatim record in the action or proceeding, or any part thereof

specified by the party, the transcript and duplicate thereof to be duly

certified by him or her to be a correct transcript thereof. Any unedited,

uncertified transcript furnished pursuant to SCR 71.04(9)(b) is not the

official record.

(7) In any action in which the court orders a compulsory

reference, the court may direct the court reporter to attend the referee's

hearing, report the testimony and proceedings and furnish a typewritten

transcript thereof to the referee.

(8)(a) For purposes of this rule a page other than the final page of

a transcript shall consist of any 25 or more consecutive typewritten

lines, double-spaced, on paper 8-1/2 inches in width by 11 inches in

length, with a margin of not more than 1-1/2 inches on the left and

five-eighths of an inch on the right, exclusive of lines disclosing page

numbering; type shall be standard pica with 10 letters to the inch.

Questions and answers shall each begin a new line. Indentations for

speakers or paragraphs shall be not more than 15 spaces from the left

margin.

(b) A court reporter shall include an index immediately

following the title and appearance page(s) for each transcript of a

proceeding in which testimony is taken or in which an index would be

helpful in locating distinct segments of a proceeding, such as:

1. Jury voir dire;

2. Opening statements;

3. Witness names in chronological order of appearance,

including all witnesses on direct, cross, redirect, recross, rebuttal, and

surrebuttal examinations; and witnesses subject to witness voir dire;

and examination by the court;

4. The numbers and a description of each exhibit offered

and received;

5. Closing arguments;

6. Instructions and verdict given to the jury;

7. Receipt of the verdict or rendering of the court's

decision;

8. Polling of the jury; and

9. Sentencing.

The index shall list page numbers for the segments listed.

(9) A court reporter may make a special charge, pursuant to

arrangement with the requesting party, for furnishing any of the

following:

(a) Typewritten transcripts of testimony and proceedings from

day to day during the progress of any trial or proceeding.

(b) Unedited and typewritten or electronic draft versions of

testimony or proceedings.

(10)(a) If a transcript of any court proceeding is required to be

provided under a statute, rule, or court order and the original court

reporter is unavailable to the court having jurisdiction in the matter to be

transcribed, the chief judge or district court administrator may order that

another court reporter prepare the transcript.

(b) A court reporter who prepares a transcript under par (a) shall

certify that it is a verbatim transcript of the proceedings as recorded in

the verbatim record of the original court reporter.

(c) A court reporter who prepares a transcript under par (a) shall

receive fees as if he or she were the original court reporter under sub.

(11) and section 814.69 of the statutes.

(10m)(a) If before trial the court approves a stipulation by all

parties, an independent, freelance court reporter may take the official

record, or a portion of the official records, upon taking the official

oath of office.

(b) If after trial the court approves a stipulation by all parties,

an independent, freelance court reporter's record of proceedings may

be the official record or a portion of the official record.

(c) Before approving a stipulation under par. (a) or (b), the

court shall consider the availability of an official court reporter,

including the ability of the official court reporter to meet requests for

providing daily transcripts.

(d) An independent, freelance court reporter authorized under

par. (a) or (b) shall comply with all of the requirements under this

chapter relating to the production of an official record and transcripts

and charges for transcripts.

(11) For all transcripts furnished under this rule, the court

reporter shall be entitled to receive fees as prescribed in section 814.69

of the statutes.

(12) In electronically filed cases, a court reporter shall comply

with the provisions of s. 801.18(15), stats.

Provenance

Source
www.wicourts.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
f27c1350a8646614bf4d7e107671899b03f193de22b0a47f7518b75193255b8b
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