Rule 33.11.Record of Proceedings
Rule 33. PLEADING BY DEFENDANT · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 33.11
Plain-English Summary
Rule 33.11 turns the earlier plea-related rules into a documentation requirement. Whenever a defendant enters a guilty or nolo contendere plea, the court has to make a word-for-word record of the proceeding and keep it.
The rule ties that record to the specific steps the earlier rules require: the inquiry into whether the plea was voluntary, the warnings telling the defendant what rights are being given up and what sentence exposure is involved, and the inquiry confirming the facts support the plea. Where relevant, the record should also capture the court’s notice that it plans to turn down a plea agreement, along with the resulting chance for the defendant to pull the plea back ahead of sentencing.
Without a word-for-word record, the other safeguards carry little weight — there would be no way to confirm later that the voluntariness inquiry happened, that the defendant heard the required warnings, or that the facts were checked. This rule makes sure that proof exists.
Frequently Asked Questions
Must a record of a guilty plea proceeding be word-for-word?
Yes. Rule 33.11 requires the court to make and keep a complete, verbatim record of the proceeding where a defendant enters a guilty or nolo contendere plea.
What should the required record include?
Four things: the voluntariness inquiry from section 33.7, the warnings from section 33.8, the fact-checking inquiry from section 33.9, and, where relevant, the notice that the court plans to turn down the plea agreement along with the defendant’s chance to withdraw.
Does the record need to capture the warnings about rights given up?
Yes, the warnings called for under section 33.8.
Is the fact-checking inquiry part of the required record?
Yes, the inquiry called for under section 33.9.
What must the record show if the court rejects a plea agreement?
That the defendant was told the court plans to turn down the plea agreement and that the defendant could take the guilty plea back ahead of sentencing.