California Official Court Reporters Association

Professional Practice : Rough Draft Tips

Code of Civil Procedure 273 (b) provides statutory guidelines for producing rough draft transcripts. Here are some tips to provide extra protection for the court reporter and the litigants when dealing with rough draft transcripts. These guidelines include a sample disclaimer.

  • A rough draft transcript should include a header or footer on each page stating “UNCERTIFIED ROUGH DRAFT TRANSCRIPT ONLY.” If provided on disk, the disk label should be similarly marked.
  • A rough draft transcript should not include the court reporter’s name or CSR number.
  • A rough draft transcript should not include a formal title page, formal appearance page, formal index page, or certificate page.
  • A rough draft transcript should contain a disclaimer.

CCP 273

273. (a) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of that testimony and proceedings.

(b) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when prepared as a rough draft transcript, shall not be certified and cannot be used, cited, or transcribed as the official certified transcript of the proceedings. A rough draft transcript shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore. The production of a rough draft transcript shall not be required.

Sample Disclaimer

This real-time rough draft transcript is being provided pursuant to Code of Civil Procedure Section 273(b):
“The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when prepared as a rough draft transcript, shall not be certified and cannot be used, cited, or transcribed as the official certified transcript of the proceedings. A rough draft transcript shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore. The production of a rough draft transcript shall not be required.”