Rule 80.Stenographic transcript as evidence
Group IX: District Courts and Clerks · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 80
Amendment History
Added February 2, 2017, effective March 1, 2017. GENERAL PROVISIONS
Plain-English Summary
Sometimes testimony given at one proceeding becomes relevant again later — a witness dies, moves away, or gave admissions at a first trial that matter at a second one. Rule 80 says that when such testimony is otherwise admissible, a party does not have to track down the court reporter and put them on the stand to authenticate what was said. A transcript certified by the person who reported the testimony stands in as proof of it.
The rule only addresses how the testimony gets proved once its admissibility is already settled under other rules of evidence or procedure. It does not decide when former testimony may be used — that question turns on rules governing hearsay exceptions, unavailability of witnesses, and prior opportunity to cross-examine. Rule 80 removes a paperwork hurdle: a certified transcript speaks for itself.
Frequently Asked Questions
Does Rule 80 decide whether old testimony can be used at a new trial?
No. Rule 80 only addresses proof of what was said, once the testimony is already admissible under the rules of evidence or another procedural rule. Whether former testimony qualifies for use at all is a separate question.
Who can certify the transcript?
The person who reported the original testimony — typically the court reporter who took it down stenographically. Their certification is what lets the transcript substitute for live authentication testimony.
Do I still need to call the court reporter as a witness?
No. That is the point of the rule. A certified transcript from the reporter is enough to prove the testimony without requiring the reporter to appear and testify about it again.
Does this rule apply to testimony recorded electronically instead of stenographically?
The rule speaks to stenographically reported testimony. Testimony captured by other means is generally handled through the recording and transcription procedures that apply to that method.
When would a party need Rule 80?
Common situations include a second trial after a mistrial or remand, a related case where a witness testified previously, or any proceeding where a witness who once testified is no longer available and their earlier testimony is offered again.