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Rule 80.Stenographic or Digitally Recorded Transcript as Evidence

Group X: Superior Court and Clerk · Last amended 2017 · Last verified July 14, 2026

In one sentenceRule 80 lets a party prove testimony given at an earlier hearing or trial by offering a certified transcript, whether that testimony was digitally recorded or taken down stenographically, once the testimony itself is otherwise admissible at the later trial.

Full Text of Rule 80

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If digitally recorded or stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified in accordance with Rule 201(c).

Comments

2017 Amendments:

This rule is similar to Federal Rule of Civil Procedure 80, as amended in 2007, except that the Superior Court rule includes digitally recorded testimony as well as a reference to Rule 201.

Comment:

Identical to Federal Rule of Civil Procedure 80, except for substitution of the word "vacant" in sections (a) and (b) in place of the titles and abrogation dates of those sections.

Plain-English Summary

Sometimes a witness's earlier words matter at a later trial — the witness has died, moved away, or become unavailable, and the earlier hearing or trial already captured what that witness said under oath. Rule 80 does not decide whether that earlier testimony can come in; other rules of evidence handle that question. What Rule 80 addresses is how to prove the testimony once it is admissible: through a transcript, certified in accordance with Rule 201(c), of the digitally recorded or stenographically reported record from the earlier proceeding.

By covering both digital recordings and stenographic reporting, the rule keeps pace with how Superior Court proceedings are recorded today, rather than assuming every hearing has a court reporter present. The certification requirement matters because it is what turns a transcript from an ordinary document into reliable proof of what the witness said, letting the court and the parties treat it as an accurate substitute for the witness's live testimony.

Frequently Asked Questions

Can testimony from an earlier hearing be used at a later trial in the same case?

Rule 80 addresses how to prove such testimony once it is admissible, through a certified transcript of the earlier proceeding. Whether the testimony itself is admissible at the later trial is a separate question governed by the applicable rules of evidence.

How do I prove what a witness said at an earlier hearing?

Under Rule 80, you can offer a transcript of the earlier testimony, certified in accordance with Rule 201(c), as proof of what was said, so long as that testimony is otherwise admissible at the later trial.

Does Rule 80 cover testimony that was digitally recorded, or only stenographic transcripts?

Both. Rule 80 applies to testimony that was either digitally recorded or stenographically reported at the earlier hearing or trial.

What makes a transcript usable under Rule 80?

The transcript has to be certified in accordance with Rule 201(c). That certification is what allows the transcript to serve as proof of the earlier testimony.

Does Rule 80 itself decide whether the earlier testimony can be admitted?

No. Rule 80 only addresses the method of proving testimony that is already admissible in evidence at the later trial; it does not independently establish admissibility.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source
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