Miss. R. App. P. app 3
I. TRANSCRIPTS - HOW PREPARED
Transcripts of all administrative and judicial proceedings shall be uniform in and for all state courts throughout the State of Mississippi. The form, size, spacing and method of transcript preparation are as follows:
(a) All proceedings shall be typewritten only on one side of every leaf of paper eight and one-half (8 1/2) inches wide and eleven (11) inches long, prepared for binding at the left margin. The purpose of this requirement is to facilitate a system-wide transfer from legal size paper to letter size paper effective July 01, 1993. See M.R.A.P. 11, 32, and M.R.C.P. Rule 7. Voluntary compliance with this Rule is to begin January 01, 1993; mandatory compliance will become effective July 01, 1993.
The cost of transcription shall be two dollars forty cents ($2.40) per page. The court reporter shall make an electronic disk of the transcript. No charge shall be made for the electronic disk or for the copy of the transcript provided for under Section II of this Appendix.
(b) Type size or print shall be nine to ten characters per inch.
(c) Each page shall be numbered consecutively at the top right hand corner. In cases where proceedings have been taken by more than one reporter, each court reporter shall consecutively number his or her portion of the transcript in the upper right hand corner of each page. After completion of the entire transcript, including all pretrial and post-trial hearings, the entire transcript shall be consecutively numbered in the center of the bottom of each page, beginning with page one and continuing throughout the remainder of the proceedings. This final numbering of the pages shall be the responsibility of the court reporter who reported the trial on the merits, or, in the case of disposition prior to trial on the merits, the court reporter who reported the majority of the proceedings prior to disposition. The final numbering of the pages, which may be made by hand or machine, shall be made by the designated court reporter within 20 days of receipt of written notification from the trial court clerk that all portions of the original transcript have been completed and are awaiting final numbering for appeal purposes.
(d) All margins, measured from the edge of the paper, shall be not more than one (1) inch from the top and exactly one and one-half inches at the left, three-quarters of one inch (3/4) from the bottom, and one-half (1/2) inch at the right.
(e) There shall be no fewer than twenty-nine (29) typed lines per page. Each typed line is to be numbered at the left margin. All typing shall extend to the right margin, and shall be double spaced with no more than a double space between paragraphs.
(f) Colloquy material shall begin on the same line following the identification of the speaker, but in no event shall there be more than two spaces between the identification of the speaker and the commencement of the colloquy. The identification of the speaker in colloquy shall begin no more than fifteen (15) spaces from the left margin and carry-over colloquy shall be indented no more than ten (10) spaces from the left margin. The identification of the speaker in colloquy shall be capitalized.
(g) Each question and answer shall begin on a separate line no more than five (5) spaces from the left margin with no more than five (5) spaces from the "Q." or "A." to the text. Carry-over question and answer lines shall be brought to the left margin.
(h) Identification of the witness and type of examination shall appear at the top left corner of each page above the first line of numbered text. In all jury trials when the jury is out, the top of each page shall be so marked (Jury Out).
(i) Opening statement and closing arguments shall begin at the left margin and extend to the right margin of the transcript.
(j) The transcript shall be prefaced with a title page setting out the style, number and counsel appearances. A comprehensive table of contents of the entire transcript numbered seriatim at the right top, shall immediately follow the title page. A Court Reporter's Certificate shall conclude the transcript. In cases involving more than one court reporter, the certification shall appear at the end of the section of the transcript prepared by that reporter.
(k) Exhibits shall be identified in all capital letters. Where possible, all exhibits shall be marked on the front page with an exhibit label.
Comment
Miss. Code Ann. § 25-7-89 (Rev. 2004 establishes the rate to be charged by the court reporters for transcripts at $2.40 per page. Under the statute, the reporter is also required to file with the clerk an additional copy of the transcript at no additional charge.
[Adopted effective June 3, 2004, 2004.]
II. TRANSCRIPTS - HOW FILED
(a) Upon completion of the transcript, the court reporter shall certify the transcript and attach the certification at the end of the transcript. The reporter shall then make a copy of the original transcript and bind in suitable covers both the original and copy at the left. Each volume shall contain no more than 150 pages and shall be consecutively labeled with Roman Numerals, i.e. Volume I, Volume II, etc. The reporter shall also prepare a copy of the transcript on electronic disk. The reporter shall simultaneously file the electronic disk and the transcript with the trial court clerk. See M.R.A.P. 11(c).
For electronic filing, upon completion of the record, the court reporter shall certify the transcript and attach the certification at the end of the transcript. The reporter's password issued by the Mississippi Electronic Courts (MEC) combined with the reporter's login identification serves as the reporter's signature for certification and other purposes. The reporter shall then either file the certified transcript electronically or deliver the certified transcript on an electronic disk to the clerk.
(b) Upon review of the completed transcript, should the parties agree on corrections, or should the trial court order corrections as to form only, the reporter shall verify that the corrections are required. Within seven (7) days after receiving the record for corrections, the reporter shall complete the corrections on the original transcript, the transcript copy and the electronic disk. M.R.A.P. 10(b)(5).
(c) Unless otherwise ordered by the trial or appellate courts, deposition testimony shall not be taken by the reporter during the course of the trial, provided a written transcript (not a videotape or other recording) of the deposition testimony is marked as an exhibit for identification and made part of the record. If only portions of deposition testimony are read, the page and line numbers shall be noted, along with all objections made and rulings of the court. Where only portions of the deposition are read in random order, such deposition shall be placed in the transcript as it is read into the record.
III. SANCTIONS FOR NON-COMPLIANCE
In the event that any court reporter shall fail to comply with the Mississippi Rules of Appellate Practice, the Guidelines for Court Reporters, or any order issued pursuant thereto, the Supreme Court may impose such sanctions as may be appropriate, including but not limited to, imposition of reasonable fines and citation of contempt. The judges of the lower courts shall have concurrent jurisdiction with the Supreme Court for the purpose of imposing sanctions in the event any court reporter, lower court clerk or attorney of record fails to comply with the rules governing appeals. If the judge of the lower court finds it necessary to impose sanctions, a copy of the sanction order shall be immediately forwarded to the Clerk of the Supreme Court. Sanctions imposed by a lower court judge are subject to review by the Supreme Court for abuse of discretion.
[Amended May 13, 1996.]
Miss. R. App. P. app 3
Advisory Committee Historical Note
Effective May 13, 1996, Appendix III, Section II was amended to add subsection (c). 668-672 So.2d XXXIII (West Miss. Cases 1996).
[Adopted April 17, 1997; amended effective July 1, 1998.]