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Rule 80.Stenographic report of transcript as evidence

Group X: Courts and Clerks · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 80 allows the testimony of a witness from an earlier, stenographically reported trial or hearing, when that testimony is admissible at a later trial, to be offered in evidence through a certified copy of the transcript rather than the original notes or the reporter's live testimony.

Full Text of Rule 80

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Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be offered in evidence by a copy of the transcript thereof duly certified by the person who reported the testimony or the clerk of court having custody of the original transcript.

Notes

Note: This Rule 80 is substantially the same as the Federal Rule. It avoids the need to produce the original notes, or the stenographer, to prove the transcript of a trial or hearing.

Plain-English Summary

Rule 80 addresses a narrow evidentiary problem: what to do when testimony given at one trial or hearing needs to come into evidence at a later one, and that testimony was taken down by a court reporter. Rather than requiring a party to hunt down the original stenographic notes or bring the reporter back to testify about what was said, the rule allows the testimony to be offered through a transcript, certified either by the person who reported it or by the clerk of court who has custody of the original transcript.

The rule does not decide whether the earlier testimony is admissible — that question is governed by the ordinary rules of evidence and procedure. What Rule 80 settles is the mechanics of proof once admissibility is established: a certified copy of the transcript is enough. As the official commentary observes, this spares the parties from the burden of producing the original notes or the stenographer solely to authenticate what was said at the earlier proceeding.

Frequently Asked Questions

Does Rule 80 decide whether old testimony can be used at a new trial?

No. It assumes that question has already been resolved under the applicable rules of evidence. Rule 80 only addresses how such testimony, once admissible, can be proven up — through a certified transcript.

Who can certify the transcript?

Either the person who stenographically reported the testimony or the clerk of court who has custody of the original transcript.

Do I need to produce the court reporter's original notes?

No. A certified copy of the transcript is sufficient, so there is no need to produce the original notes or call the reporter as a witness just to prove what was said.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
Also known as: using prior testimony at trialcertified trial transcript as evidencestenographic testimony former trialadmitting transcript in evidence