8.3 The Index Page

Blueprint topic 30103 asks you to identify correct index page formatting. The CET practical requires an index page, and index errors are easy to make and easy to grade: a page number is either right or wrong.

Federal requirements

The Guide to Judiciary Policy, § 520.46:

• "Each volume is to contain an index that is to be numbered. It is preferable to have the index at the end." It may be charged as a full page.
• The index must show the pages where each of these begins: direct examination, cross examination, redirect examination, recross examination, further direct examination, and recall of each witness.
• It must show on whose behalf each witness was called: PLAINTIFF'S WITNESSES, WITNESSES FOR THE GOVERNMENT, DEFENDANT'S WITNESSES, WITNESSES FOR THE DEFENSE.
• "A separate table in the index must indicate the page at which any exhibit was marked for identification and received in evidence."
• For a protracted case (1,000 pages or more), a master index in a separate volume may compile the individual indexes (§ 520.46.20). Keyword indexes may be provided but cannot be charged beyond the normal page rate (§ 520.46.30).

AAERT's sample index

AAERT's sample puts the index on page 2 and adds a margin note: "The index page may be placed at the end of the transcript." Its structure:

                              INDEX                           2

                                                         Page
PLAINTIFFS' OPENING STATEMENT:    Ms. Kennelly               3
DEFENDANTS' OPENING STATEMENT:    Mr. Sabrahar              12

                                                       Further
WITNESSES FOR THE        Direct  Cross  Redirect Recross Redirect
PLAINTIFFS:

Bernard A. Kleiber          22     59      --      --      --
Louis Fish                  73     82      85     109      --

WITNESSES FOR THE
DEFENDANTS:

Jerry Jorgensen            112    116 (Voir Dire)  --      --
                           118    147      --      --      --

MOTION:     Mr. Sabrahar   111   Denied   112
MOTION:     Ms. Kennelly   118   Denied   115

EXHIBITS:                                     Marked  Received

 P-1  Jorgensen affidavit and extra damages      29      29
      summary
 P-2  Additional extra damages list              38      40
 P-4  Performance appraisals, 1997 - 2006,       75      --
      Moody

ARGUMENT:   Ms. Kennelly                                  165
RESPONSE:   Mr. Sabrahar                                  172

What each part shows

The Scalini key applies the same format to a short hearing: one plaintiff's witness with Direct 4 and Cross 17, None under witnesses for the defendant, and one exhibit, P-1 Photograph of bag contents, marked on page 16 and not received (--).

Building the index accurately

On the practical, the index page is typed last:

1. While drafting, type a searchable marker at each event, such as **DX, **CX, **EXH1M (marked), **EXH1R (received).
2. After final proofreading, when pagination can no longer change, search each marker and record its page.
3. Record the page where the examination begins. That is the page with the centered examination line, not the page with the oath.
4. Delete the markers, then fill in the index.
5. Cross-check with the case information's summary of witnesses and exhibits. The summary tells you what to expect, but the audio decides. Index what actually happened: if an exhibit was only marked, the Received column gets a double dash.

Front or back?

• Federal preference: at the end (§ 520.46).
• AAERT's samples: on page 2, with the note that it may go at the end.
• The exam requirement: the transcript "must include a title page, index page, and certificate." Follow AAERT's template layout, and make sure the page numbers on the index match the final pagination.

Multi-volume transcripts

Under § 520.50.20, multi-volume transcripts are numbered either:

• with each volume paginated and the page number preceded by the volume number (1-14 for Volume 1, page 14; 2-54 for Volume 2, page 54), or
• consecutively through all volumes (56 in Volume 1; 521 in Volume 3).

Further proceedings in the same matter continue the earlier pagination unless the presiding judge directs otherwise (§ 520.50.10(d)). Each volume still has its own index.