71.04(8)(b)2. 2. Opening statements;
71.04(8)(b)3. 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;
71.04(8)(b)4. 4. The numbers and a description of each exhibit offered and received;
71.04(8)(b)5. 5. Closing arguments;
71.04(8)(b)6. 6. Instructions and verdict given to the jury;
71.04(8)(b)7. 7. Receipt of the verdict or rendering of the court's decision;
71.04(8)(b)8. 8. Polling of the jury; and
71.04(8)(b)9. 9. Sentencing.
71.04(9) (9) A court reporter may make a special charge, pursuant to an arrangement with the requesting party, for furnishing any of the following:
71.04(9)(a) (a) Typewritten transcripts of testimony and proceedings from day to day during the progress of any trial or proceedings.
71.04(9)(b) (b) Unedited and typewritten or electronic draft versions of testimony or proceedings.
71.04(10) (10)
71.04(10)(a)(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.
71.04(10)(b) (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.
71.04(10)(c) (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.
71.04(10m) (10m)
71.04(10m)(a)(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.
71.04(10m)(b) (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.
71.04(10m)(c) (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.
71.04(10m)(d) (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.
71.04(11) (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.
71.04(12) (12) In electronically filed cases, a court reporter shall comply with the provisions of s. 801.18 (15), stats.
71.04(13) (13) A court reporter may certify a transcript that has been redacted in accordance with s. 801.19 or s. 801.21, stats., by stating that the redacted version is a verbatim transcript from which information has been redacted or sealed in accordance with those rules or as ordered by the circuit court.
SCR 71.04 History History: Sup. Ct. Order No. 97-04, 212 W (2d) xiii (1997); Sup. Ct. Order No. 01-14, 2002 WI 46, 251 Wis. 2d xiii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No. 14-04, 2015 WI 89, filed 8-27-15, eff. 7-1-16; Sup. Ct. Order No. 19-01, 2019 WI 44, filed 4-22-19, eff. 7-1-19.
SCR 71.04 Note Judicial Council Note, 2002: SCR 71.04 (4) is amended to allow the parties to proceedings, and guardians ad litem appointed in the proceedings, under ch. 48, 767, and 938 of the statutes to obtain transcripts without obtaining a court order authorizing the court reporter to prepare the transcript. The rule requires non-parties to the action or proceeding to obtain a court order before transcripts can be prepared. The amendment protects the privacy interests of the parties to such proceedings, and promotes more efficient use of resources by the courts, the court reporters, counsel and the parties. The amendment also harmonizes the rule with existing statutes and case law. Section 809.30 (2) (fm) provides that any child or juvenile pursuing post-judgment relief in a ch. 48 or 938 proceeding “shall be furnished at no cost" the transcript or record of the proceeding. Section 967.06 provides that in “any" public defender case, the public defender may request the applicable court reporter or circuit court clerk to prepare and transmit any transcript or court record and that the request “shall be complied with." State ex rel. S.M.O. v. Resheske, 110 Wis. 2d 447, 454, 329 N.W.2d 275, 277-78 (Ct. App. 1982), holds that s. 967.06 “takes precedence" over general confidentiality provisions in the statutes and creates a clear duty to prepare and transmit the transcript when requested pursuant to the statute.
71.05 SCR 71.05 Alternative means of reporting.
71.05(1)(1) The person reporting a court activity or proceeding may use alternative means not approved by the director of state courts under SCR 71.01 if any of the following conditions is met:
71.05(1)(b) (b) After a reasonable effort to locate a court reporter is made, a court reporter is not available.
71.05(1)(c) (c) The circuit court judge, with the approval of the chief judge of that district, determines that the use of alternative means is necessary and the alternative means chosen are appropriate.
71.05(2) (2) Any record made by alternative means shall be maintained in compliance with SCR 72.05 for the length of time required in SCR 72.01 (47) or for the time required for the case type under SCR 72.01, whichever is shorter.
71.05(3) (3) If a transcript of any proceeding reported under sub. (1) is required, the court shall order that a transcript be prepared. The court reporter who prepares the transcript under this subsection shall certify that it is a verbatim transcript of the verbatim record. Transcripts under this subsection shall comply with SCR 71.04.
SCR 71.05 History History: Sup. Ct. Order No. 97-11, 216 W (2d) xxxi (1998); Sup. Ct. Order No. 19-01, 2019 WI 44, filed 4-22-19, eff. 7-1-19.
Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders filed prior to March 3, 2020. Report errors at 608.504.5801 or lrb.legal@legis.wisconsin.gov.