Transcript or Recording as Evidence

If testimony reported at a hearing or trial is admissible in evidence at a later trial, the 95 RCFC 78, 79 and 80 testimony may be proved by a transcript or recording certified by the person who reported it or by any other method authorized by the court (see Appendix of Forms, Forms 3B and 3C). (As revised and reissued May 1, 2002; as amended Nov. 15, 2007, Nov. 3, 2008, Aug. 30, 2013.) Rules Committee Notes 2002 Revision Former subdivisions (a), (b), and (c) were deleted and minor changes have been made to former subdivision (d) in order to more closely conform to FRCP 80. 2007 Amendment RCFC 80, which previously limited certification of a trial record to “the person who reported the testimony,” has been expanded to include certification “by any other method authorized by the court.” This expansion addresses the certification requirement in cases where testimony at a trial or hearing is recorded electronically under court supervision without reporter assistance. 2008 Amendment The language of RCFC 80 has been amended to conform to the general restyling of the FRCP. 2013 Amendment RCFC 80 has been amended to reflect the changes adopted in RCFC 80.1.