Title 4. Ministerial Officers of Courts of Justice · Chapter 3. Phonographic Reporters · Last amended 2002 · Last verified July 28, 2026
In one sentenceSection 269 requires an official court reporter to take down testimony and proceedings verbatim in civil cases when ordered by the court or requested by a party, in every felony case, and in misdemeanor or infraction cases when the court orders it, and sets out when transcripts must be prepared.
(a)An official reporter or official reporter pro tempore of the superior court shall take down in shorthand all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury, and statements and remarks made and oral instructions given by the judge or other judicial officer, in the following cases:
(1)In a civil case, on the order of the court or at the request of a party.
(2)In a felony case, on the order of the court or at the request of the prosecution, the defendant, or the attorney for the defendant.
(3)In a misdemeanor or infraction case, on the order of the court.
(b)If a transcript is ordered by the court or requested by a party, or if a nonparty requests a transcript that the nonparty is entitled to receive, regardless of whether the nonparty was permitted to attend the proceeding to be transcribed, the official reporter or official reporter pro tempore shall, within a reasonable time after the trial of the case that the court designates, write the transcripts out, or the specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify that the transcripts were correctly reported and transcribed, and when directed by the court, file the transcripts with the clerk of the court.
(c)If a defendant is convicted of a felony, after a trial on the merits, the record on appeal shall be prepared immediately after the verdict or finding of guilt is announced unless the court determines that it is likely that no appeal from the decision will be made. The court’s determination of a likelihood of appeal shall be based upon standards and rules adopted by the Judicial Council.
Plain-English Summary
Section 269 is what puts a court reporter in the room. It tells the reporter what to record — testimony, objections, rulings, exceptions, arraignments, pleas, sentences, closing arguments, and any oral instructions the judge gives — and it tells you when that duty kicks in. In a civil case, it takes either a court order or a request from a party; the reporting isn’t automatic. In a felony case, it happens whenever the court, the prosecution, or the defense asks for it. In a misdemeanor or infraction case, it takes a court order.
Subdivision (b) covers what happens after the hearing: once a transcript is ordered or properly requested — including by someone who wasn’t a party to the case at all — the reporter has to write it out and certify that it’s accurate. A nonparty can ask for a transcript even if they weren’t allowed to attend the proceeding being transcribed.
Subdivision (c) adds a felony-specific rule: once a defendant is convicted after a trial on the merits, the record on appeal has to be prepared right after the verdict comes in, unless the court decides an appeal isn’t likely, using standards the Judicial Council sets.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
Code Commissioners' Note. Stats 1866, p 232. See Stats 1871–72, p 400, “An act providing for the appointment of a reporter in the first judicial district of this state,” approved March 16, 1872.
1998 Law Revision Commission Comment. Section 269 is amended to accommodate unification of the municipal and superior courts in a county. Cal Const Art VI § 5(e). See Section 85 (limited civil cases) & Comment.
2002 Law Revision Commission Comment. Subdivision (a) of Section 269 is amended to: (1) Continue former Section 274c without substantive change. (2) Refer to official reporters pro tempore, as well as official reporters. This is not a substantive change. See Gov C § 69941 (appointment of official reporter and official reporter pro tempore). (3) Substitute “arguments of the attorneys” for “arguments of the prosecuting attorney,” consistent with standard practice. See, e.g., Gov C § 72194.5 (“arguments of the attorneys”). (4) Substitute “prosecution” for “district attorney,” to reflect that the Attorney General sometimes acts as prosecutor in place of the district attorney. See Gov C § 12553 (disqualification of district attorney); see also Pen C § 1424 (motion to disqualify district attorney). (5) Make clear that it requires shorthand reporting regardless of whether a proceeding is conducted by a judge or by another type of judicial officer (e.g., a commissioner). For an exception to this rule, see Gov C § 70141.11 (court reporting for Contra Costa County commissioner). (6) Make clear that a felony defendant, whether represented by counsel or in pro per, is entitled to a court reporter on request by the defendant personally or by the defendant’s attorney (if any). This is not a substantive change. See generally People v. Turner, 67 Cal. App. 4th 1258, 1266, 79 Cal. Rptr. 2d 740 (1998) (“verbatim record is implicitly among the rights of which a defendant appearing in propria persona must be apprised”); Andrus v. Municipal Court, 143 Cal. App. 3d 1041, 1050, 192 Cal. Rptr. 341 (1983) (California confers right to free verbatim record “in felony proceedings by statute ( CCP § 269).”); In re Armstrong, 126 Cal. App. 3d 565, 572, 178 Cal. Rptr. 902 (1981) (felony defendant “is, as a matter of right, entitled to have ‘taken down,’ all related testimony and oral proceedings”) (emphasis in original); People v. Goudeau, 8 Cal. App. 3d 275, 279–80, 87 Cal. Rptr. 424 (1970) (“In California felony proceedings a court reporter must be present if requested by the defendant, the district attorney, or on order of the court. ( CCP § 269.)”); People v. Hollander, 194 Cal. App. 2d 386, 391–93, 14 Cal. Rptr. 917 (1961) (denial of transcript to pro per indigent defendant was prejudicial error). Subdivision (b) is amended to make clear that a nonparty is generally entitled to request preparation of a transcript. This is consistent with longstanding practice and conforms to constitutional constraints. See, e.g., Press–Enterprise Co. v. Superior Court, 478 U.S. 1 (1986) media request for transcript of preliminary hearing; Fisher v. King, 232 F.3d 391, 397 (4th Cir. 2000) (general public and press “enjoy a qualified right of access under the First Amendment to criminal proceedings and the transcripts thereof”) (emphasis added); United States v. Antar, 38 F.3d 1348, 1360–61 (3d Cir. 1994) (“First Amendment right of access must extend equally to transcripts as to live proceedings”); United States v. Berger, 990 F. Supp. 1054, 1057 (C.D. Ill. 1998) (“There is no question that a written transcript of the Governor’s deposition would be made available to the public upon the admission of his testimony before the jury.”); State ex rel. Scripps Howard Broadcasting Co. v. Cuyahoga County Court of Common Pleas, 73 Ohio St. 3d 19, 21, 652 N.E. 2d 179 (1995) (right of access “includes both the live proceedings and the transcripts which document those proceedings”); see also NBC Subsidiary (KNBC–TV), Inc. v. Superior Court, 20 Cal. 4th 1178, 980 P.2d 337, 86 Cal. Rptr. 2d 778 (1999) (constitutional right of access applies to civil as well as criminal cases). A nonparty is entitled to a transcript of (1) a proceeding that was open to the public, see Scripps Howard Broadcasting, 73 Ohio St. 3d at 21; (2) a proceeding that was erroneously closed to the public, see generally Press–Enterprise, 478 U.S. at 15; and (3) a proceeding that was properly closed, once “the competing interests precipitating closure are no longer viable,” see Phoenix Newspapers, Inc. v. United States Dist. Court, 156 F.3d 940, 947–48 (9th Cir. 1998). Subdivision (b) is also amended to refer to official reporters pro tempore, as well as official reporters. Former subdivision (c) is continued in Section 271 without substantive change. The other revisions in Section 269 are technical, nonsubstantive changes.
Frequently Asked Questions
Does a civil case automatically get a court reporter?
No. Under § 269, a civil case is reported only if the court orders it or a party requests it — unlike a felony case, where either side’s request is enough.
Can someone who wasn’t a party to the case get a copy of the transcript?
Yes. Section 269(b) lets a nonparty request a transcript of a proceeding they were entitled to receive, regardless of whether they were permitted to attend the proceeding itself.
When does the felony appellate record have to be prepared?
Section 269(c) requires the record on appeal to be prepared immediately after the verdict or finding of guilt, unless the court determines an appeal is unlikely under standards adopted by the Judicial Council.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:court reporter required civil case californiaccp 269 transcript requestnonparty transcript request californiaofficial reporter duties california