Rule 80.Stenographic report or transcript as evidence.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 80
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 80 covers a narrow evidence problem: a witness testified at an earlier trial or hearing, a court reporter took it down, and now that testimony is admissible at a later trial. The rule says a party does not need to bring the witness back or read from a raw stenographic note pad. A transcript of the earlier testimony, certified by the person who reported it, works as proof of what was said.
This matters most when a witness has died, moved out of reach, or become unavailable between proceedings, or when testimony from a prior hearing carries over into a retrial. The certification requirement keeps the transcript reliable: it has to come from the reporter who took the testimony down, not from a private transcription or a party's own notes.
Frequently Asked Questions
Can I use a transcript from an earlier hearing instead of calling the witness again?
Rule 80 allows this when the testimony was stenographically reported at the earlier trial or hearing, is admissible at the later trial, and the transcript is certified by the person who reported it.
Who has to certify the transcript under Rule 80?
The rule requires certification by the person who reported the testimony, meaning the court reporter who stenographically recorded it.
Does Rule 80 decide whether old testimony is admissible?
No. Rule 80 only addresses how to prove testimony once it is admissible. Whether the earlier testimony qualifies for admission at the later trial depends on other rules of evidence.