CSR Required or Requested

Proceedings in Which a Certified Shorthand Reporter Is Required or May Be Requested

Statutes requiring shorthand reporting of the record

  1. In death penalty proceedings
    Penal Code §190.9 (click here to go to code)


  2. In juvenile proceedings not before a referee or commissioner
    Welfare and Institution Code §347 and §677 (click here to go to code)


  3. In a civil case, on order of the court or at the request of the party
    Code of Civil Procedure §269 (click here to go to code)


  4. In a felony case, on the order of the court or at the request of the prosecution, defendant or the attorney for the defendant
    Code of Civil Procedure §269 (click here to go to code)


  5. In a misdemeanor or infraction case, on the order of the court
    Code of Civil Procedure §269 (click here to go to code)


  6. At the preliminary hearing the testimony of each witness in cases of homicide shall be reduced to writing by the magistrate, or under his or her direction, and in other cases upon the demand of the prosecuting attorney, or the defendant, or his or her counsel. The magistrate before whom the examination is had may order the testimony and proceedings to be taken down in shorthand and may appoint a shorthand reporter.
    Penal Code §869 (click here to go to code)


  7. Whenever criminal causes are being investigated before a grand jury
    Penal Code §938 (click here to go to code)


    8. Additional statutes requiring/authorizing shorthand reporting of the record


  8. A judge may have an official reporter or official pro tempore take down in shorthand and transcribe "any opinion given or rendered by the judge in the trial of a felony case or an unlimited civil case, pending in that case, or any necessary order, petition, citation, commitment or judgment in any probate proceeding, proceeding concerning new or additional bonds of county officials or juvenile court proceedings, or the testimony or judgment relating to the custody or support of minor children in any proceeding in which the custody or support of minor children is involved."
    Code of Civil Procedure §274a (click here to go to code)


  9. The court shall record its determination in a summary judgment proceeding either by court reporter or written order.
    Code of Civil Procedure §437c(g) (click here to go to code)


  10. A reporter shall be present at the in camera hearing when a party demands the disclosure of the identity of the information in a criminal proceeding on the grounds that the informant is a material witness on the issue of guilt.
    Evidence Code §1042(d) (click here to go to code)


  11. A court reporter shall be present during a closed criminal proceeding pertaining to a motion to prohibit disclosure of a trade secret.
    Evidence Code §1062 (click here to go to code)


  12. A court may order a case-management plan that includes telephone conference calls for hearing contested motions and, in such instances, the conference call hearing shall be recorded by a court reporter.
    Family Code §2451 (click here to go to code)


  13. A court reporter shall report the hearing in a "withdrawal of consent to adopt" proceeding.
    Family Code §9005 (click here to go to code)


  14. A court may specifically direct the making of a verbatim record in criminal matters, juvenile proceedings, proceedings to declare a minor free from custody, proceedings under the Lanterman-Petri-Short Act and "as otherwise provided by law."
    Government Code §69952(a) (click here to go to code)


  15. A magistrate may, in his or her discretion, order the testimony and proceedings be taken down in shorthand by a shorthand reporter in instances where a charge is controverted by a person "informed against." (where someone has been identified as having threatened to commit an offense against a person or property (pursuant to Pen. Code §701) and the charge is Challenged).
    Penal Code §704 (click here to go to code)


  16. A declaration of probable cause for arrest made by a peace officer under oath may be recorded by a certified court reporter who shall certify the transcript of the statement.
    Penal Code §817 (click here to go to code)


  17. Every plea of guilty must be made in open court and shall be taken down in shorthand by an official reporter "if one is present."
    Penal Code §1017 (click here to go to code)


  18. All instructions in a criminal trial shall be given in writing unless there is a phonographic* reporter present and he takes them down, in which case they may be given orally.
    Penal Code §1127 (click here to go to code)


  19. A magistrate may order the sworn oral statement be recorded by a certified court reporter and the transcript of the statement be certified in instances where a search warrant is being sought.
    Penal Code §1526 (click here to go to code)


  20. A reporter shall transcribe his/her notes if a party requests it in a "special hearing in a felony case" (Penal Code §1538.5).
    Penal Code §1539 (click here to go to code)

*Phonographic as in phonetic

Case law requiring/authorizing shorthand reporting of the record

CCRA v. Judicial Council (1996) 39 Cal App 4th 15
The court reversed the judgment disallowing appellants' petition for a writ of mandate, holding that the proposed rules of court permitting electronic recording in trial courts were invalid because they were inconsistent with statutory law. The legislative scheme relating to trial court records permitted the creation of official records only by a certified shorthand reporter.

Government Code §69952 specifically provides for electronic recording of municipal and justice court proceedings. If an official reporter is unavailable, electronic recording is permitted. (click here to go to code)

CCRA v. Judicial Council (1997) 59 Cal App 4th 959
The trial court judgment was affirmed as a correct reflection of the court's holding that prohibited appellant, Judicial Counsel of California, from promulgating rules to allow the use of electronic recording to create the official verbatim record of superior court proceedings because such action was not within its authority under state law. The court dismissed the protective cross-appeal of respondent association of court reporters as moot.

The California State Legislature has not authorized the creation of an Official superior court record by electronic means under any circumstances. (click here to go to code)