Rule 25 - Reporting of Proceedings in the Magistrates Division(a) Verbatim Record. The court in the magistrate's division shall make a verbatim record or recording of all proceedings held before a magistrate.(b) Qualification of reporters, filing reporter notes or tapes. If a party furnishes a stenographic reporter as provided for in section 1-2212, Idaho Code, such reporter, at a minimum, shall be experienced in adversary courtroom proceedings and be certified by the presiding magistrate to report such proceedings. Said reporter's notes or electronic recording tapes shall be filed with the clerk and be thus available for appeal or other purposes. Said reporter by accepting the reporting assignment submits to the jurisdiction of the court in any subsequent order for a transcription of said notes at the rate agreed upon at the time of the hearing.(c) Logs of tapes, or recordings. A log sheet shall be maintained by the operator of the electronic recording device, which shall accompany the record of the proceedings. Such log shall set forth all the essential events that take place in court. The log shall act as an index of such events by referring to the recording medium to identify speakers, direct and cross-examinations, objections, motions and other significant actions that transpire.(d) Form of log sheet. The log sheet shall be prepared substantially in the following form: IN THE DISTRICT COURT FOR THE ____________ JUDICIAL DISTRICT
MAGISTRATES DIVISION
___________________ COUNTY
| ______________ | TITLE OF ACTION | ______________ | TAPE OR DISC NO. |
| ______________ | DOCKET NO. | ______________ | DATE |
| ______________ | JUDGE | ______________ | TIME |
| ______________ | TYPE OF ACTION | ______________ | OPERATOR |
| | | |
| Jury [ ] | Non-Jury [ ] | | |
| Parties | | | Counsel | |
| | Third Party | | | Third Party |
| Plaintiff(s) | Defendant(s) | Defendant(s) | Plaintiff(s) | Defendant(s) | Defendant(s) |
| 1 | 1 | 1 | 1 | 1 | 1 |
| 2 | 2 | 2 | 2 | 2 | 2 |
| 3 | 3 | 3 | 3 | 3 | 3 |
LOCATION OF MICROPHONES
1. Magistrate | 2. Witness | 3. PA | 4. DA | 5. Jury | 6. Clerk-machine operator |
Legend
| J--Judge | 3D--Third Party Defendant | W1--Witness No, 1, 2, etc. |
| P--Plaintiff | DA--Def's Att'y | DX--Direct Exam |
| PA--Pl's Att'y | 3DA--Third Party Def's Att'y | X--Cross Exam |
| D--Defendant | C--Clerk | |
Index Number | Name of speaker; phase of case. cross examination, etc. |
014 | Clerk calls case (Case is identified on tape) |
015 | Court identifies participants (Attys identify self and client) |
016 | PA opening remarks |
017 | P's witness sworn (full name of witness) |
020 | DX by PA (Important for transcriber) |
025 | DX continues |
031 | X by PA (Helps transcriber) |
036 | Objection by PA (Note interruption and by whom) |
038 | Court rules on objection |
039 | X continues |
042 | Redirect by PA |
044 | Witness sworn for P: George T. Smith |
045 | DX by PA |
052 | X by DA |
056 | Redirect by PA |
059 | Recross by Da |
062 | Witness sworn for P: John T. Rustabout |
063 | DX by PA |
068 | X by DA |
071 | D's witness sworn--John D. Hostilo |
072 | DX by DA |
CONTINUATION SHEET
TITLE OF ACTION _ DOCKET NO.____ DATE____TAPE OR DISC NO.___PAGE NO. _ OF _ PAGES
Index Number | Name of speaker: phase of case cross examination, etc. |
076 | DX continues |
079 | X by PA |
082 | Motion for dismissal by DA |
085 | Court denies motion |
087 | Summation by PA |
092 | Summantion by DA |
096 | Disposition by Court |
(e) Recording medium. The reels of tape or other such media together with the box in which it is stored shall be labeled by the operator showing the name of the court, the judge or magistrate thereof, and the inclusive dates when the tape was recorded. It shall be the responsibility of the clerk of the district court to have available an adequate supply of tapes or other recording media for immediate use.(f) Storage of tapes or other recording media. Under supervision of the administrative district judge, or his designee, the clerk of the district court shall be responsible for the storage of the tapes or other media and log sheets to prevent tampering with, loss or damage.(g) Transcripts. Transcripts shall be prepared as directed herein and in accordance with these rules. The transcripts must be neat and free from error. The transcriber must not guess as to the spoken word, but shall replay the recording until the exact meaning is understood. If the exact meaning is still indiscernible, the transcriber must indicate such fact on the transcript. The exact meaning must then be settled as provided in the Idaho Criminal Rules, the Idaho Rules for Civil Procedure, or the Idaho Appellate Rules.Adopted December 27, 1979, effective 7/1/1980; amended January 10, 2001, effective 1/10/2001; amended December 2, 2015, effective 7/1/2016.