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§ 8.01-420.3.Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence.

Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 1990 · Last verified July 16, 2026

In one sentenceSection 8.01-420.3 requires a court reporter to give any party or unrepresented counsel a transcript on request and payment of the reasonable cost, bars the court from ordering a reporter to stop recording without every party’s consent, and lets a certified transcript from an earlier proceeding come in without the reporter appearing to prove it.

Full Text of § 8.01-420.3

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Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.
The court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.
Whenever a party seeks to introduce the transcript or record of the testimony of a witness at an earlier trial, hearing or deposition, it shall not be necessary for the reporter to be present to prove the transcript or record, provided the reporter duly certifies, in writing, the accuracy of the transcript or record.

Plain-English Summary

This section gives every party a reliable claim on the court reporter’s work product. On request from any counsel of record, or any unrepresented party, and on payment of the reasonable cost, the reporter has to produce a copy of the transcript — or any requested part of it.

It also protects the completeness of the record itself. A court cannot direct the reporter to stop recording part of a proceeding unless every party, or their counsel of record, consents. Nobody gets to go off the record over another party’s objection.

And it streamlines using an earlier transcript later on. When a party wants to introduce the transcript or record of a witness’s testimony from an earlier trial, hearing, or deposition, the reporter does not have to show up in person to authenticate it — a written certification from the reporter as to its accuracy is enough.

Frequently Asked Questions

Can I get a copy of a court reporter’s transcript from my case?

Yes. On request and payment of the reasonable cost, the court reporter must provide a copy of the transcript, or any requested portion, to any counsel of record or unrepresented party.

Can a judge order the court reporter to go off the record without the parties agreeing?

No. The court cannot direct the reporter to stop recording any portion of the proceeding without the consent of all parties or their counsel of record.

Does the court reporter have to appear in court to authenticate an old transcript?

No, as long as the reporter certifies the accuracy of the transcript or record in writing.

Does this section apply to transcripts from depositions as well as trials and hearings?

Yes. It covers the transcript or record of testimony from an earlier trial, hearing, or deposition.

Who can request a transcript under this section?

Any counsel of record, or any party not represented by counsel.

Amendment History

1983, c. 505; 1990, c. 77.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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