§ RULE 80. Making Transcript or Statement of Evidence Part of the Record; Authentication Thereof, etc.

Codes > West Virginia Rules of Civil Procedure > X. Courts > RULE 80.

RULE 80. Making Transcript or Statement of Evidence Part of the Record; Authentication Thereof, etc.

(a) When Transcript of Stenographically Reported Proceedings Part of Record. When the proceedings had and testimony taken at a hearing or trial before the court are stenographically or mechanically reported by the official court or other authorized reporter, a duly certified transcript thereof becomes a part of the record of the action when it is filed with the court during the pendency of the civil action or at any time afterward. When the proceedings had and testimony taken at a hearing before a commissioner are stenographically or mechanically reported by the official court or other authorized reporter, a duly certified transcript thereof becomes a part of the record of the action if it is filed with the court before the action is submitted to the court for disposition of the report of the commissioner.

(b) How Transcript Certified. A transcript of the proceedings had and testimony taken at a hearing or trial shall be certified by the official court or other authorized reporter to be an accurate transcript of the official's or authorized reporter's stenographically or mechanically recorded report of the proceedings had and testimony taken at the hearing or trial, and shall state whether the transcript includes all or a part only of the proceedings had and testimony taken at such a hearing or trial; no other or further authentication is necessary. A transcript so certified by the report shall be deemed prima facie a correct statement of the proceedings had and testimony taken at any hearing or trial.

(c) Notice of Filing Transcript. When a transcript of the proceedings had and testimony taken at a trial is filed with the court, the party causing it to be filed shall promptly give notice thereof to all other parties.

(d) Correcting the Transcript. On motion served by any party and therein assigning error or omission in any part of any transcript of the proceedings had and testimony taken at a hearing or trial, the court shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing or trial and shall direct that the transcript be corrected and revised in the respects designated by the court, so as to make it conform to the whole truth.

(e) Use of Statement of Evidence in Lieu of Transcript. In the event a stenographic or mechanical report of the proceedings had and testimony taken at a hearing or trial before the court was not made or in the event a reporter's stenographic or mechanical record thereof has become lost or a transcript thereof is not obtainable, any party to the action may prepare a statement of the proceedings from the best available means, including the party's recollection, for use instead of a transcript thereof. The statement shall be served upon all other adverse parties within a reasonable time after the hearing or trial, and the adverse parties may serve objections or amendments thereto within 10 days after service of the statement upon them. Thereupon the statement, with the objections or proposed amendments, shall be submitted to the court for settlement and approval and when and as settled and approved such statement becomes a part of the record when it is signed by the judge and filed with the court.

(f) Bills and Certificates of Exception Abolished. Bills and certificates of exception are abolished.

(g) Transcript as Evidence. Wherever the testimony of a witness at a hearing or trial which was stenographically or mechanically reported is admissible in evidence at a later hearing or trial or at a hearing or trial of another action, it may be proved by the transcript thereof duly certified by the official court reporter or other authorized person who reported the testimony.