10.2 Quoted Material, Words Spelled on the Record & Italics for Non-English Words
Key Takeaways
Quoted material other than depositions begins on the tenth space from the left margin, and additional quoted lines also begin at the tenth space (Guide to Judiciary Policy § 520.36.35(c)).
Words spelled on the record are typed in capital letters separated by hyphens, as in the Scalini key: "Margaret Heller, H-E-L-L-E-R."
Non-English words and phrases are italicized unless they have been absorbed into common English usage.
Latin terms commonly used in legal writing, such as voir dire, habeas corpus and pro se, are generally treated as English and not italicized.
Blueprint topics 30115, 30206 and 30207 cover quoted material, words spelled on the record, and italics for non-English words and phrases.
Quoted material
When a speaker reads a document, statute, prior testimony or other text into the record, the transcript shows it as quoted material.
Federal format (Guide to Judiciary Policy § 520.36.35(c)): "Quoted material other than depositions must begin on the tenth space from the left margin, with additional quoted lines beginning at the tenth space from the left margin, with appropriate quotation marks used."
MS. LEE: I'll read paragraph 4 of the lease:
"The tenant shall keep the premises in good repair
and shall notify the landlord in writing of any
defect within ten days."
Do you see that?
Depositions read at trial keep Q and A format with a quotation mark before each question and answer and a closing quotation mark at the end (§ 520.36.35(a)(2)). Chapter 6 shows an example.
Practical rules
- Quote only what was actually read, word for word. If the reader paraphrases, it is ordinary speech.
- Check the document if it is an exhibit you have. The reader's words govern, but the document helps with spelling and punctuation. If the reader misreads a word, type what was read; add (sic) only if the difference matters (Chapter 5).
- Show where quoting stops. When the reader comments in the middle, close the quotation and resume ordinary format: "...within ten days." Do you see that?
- Long readings such as jury instructions are usually typed as the judge's colloquy with ordinary paragraphing. They are the judge's own words, not quoted text, unless the judge reads from a document and says so.
Words spelled on the record
Witnesses and attorneys often spell names and terms "for the record." Blueprint topic 30206 asks for the correct format:
- Type the spelled letters in capitals, separated by hyphens.
- Put the spelled form after the word, set off by a comma: A. Margaret Heller, H-E-L-L-E-R. (Scalini key)
- Use the spelling given for the word itself, even if you expected another spelling. The spelling on the record is your best authority.
- Numbers and symbols spelled out are typed as spoken: the address is 2-4-1-5 becomes 2415 when it is a number, but a license plate spelled character by character is typed as the characters given, such as ABC1234.
- Double letters spoken as "double L" or "two L's" are written out as letters: H-E-L-L-E-R regardless of how the speaker said them.
- Partial spelling ("that's Chin with a C-H") is typed as spoken: Chin with a C-H.
A common request on the record: "Please state your name and spell your last name for the record." The answer's format is Name, S-P-E-L-L-I-N-G.
Italics for non-English words and phrases
Blueprint topic 30207: "identify correct usage of italics in non-English words and phrases."
The rule
Italicize non-English words and phrases that have not become part of common English usage. The two references in the CET blueprint agree:
- Merriam-Webster treats a word it lists as ordinary English (no italics) unless it labels the word as foreign.
- The Bluebook tells legal writers to italicize non-English words unless they have been incorporated into common English usage, and treats Latin words and phrases commonly used in legal writing as common English usage, so they are not italicized.
Examples
| Term | Italicize? | Why |
|---|---|---|
| voir dire, habeas corpus, pro se, res judicata, subpoena | No | Common legal usage and in Merriam-Webster |
| per se, de facto, bona fide, ad hoc, status quo | No | Absorbed into English |
| mijo, abuela (spoken in English testimony) | Yes | Spanish words not absorbed into English |
| quid pro quo, et al., versus | No | Common legal usage |
How it applies in a transcript
- A non-English word spoken within English testimony is italicized: He called me mijo every morning.
- Testimony given in a foreign language through an interpreter is not typed in the foreign language at all. The record is the interpreter's English (Chapter 11).
- If the platform or pasted text cannot carry italics (such as a plain-text box), the words are still spelled correctly; italics are a formatting layer on top.
- Some transcript style sheets avoid italics altogether. On the CET knowledge exam, expect the dictionary-and-Bluebook rule above.
Practice
| Spoken | Transcript |
|---|---|
| "My last name is Dundee, D-U-N-D-E-E." | My last name is Dundee, D-U-N-D-E-E. |
| "It's Laffredo, that's L-A-F-F-R-E-D-O, two F's." | It's Laffredo, that's L-A-F-F-R-E-D-O, two F's. (the speaker's added words are typed as spoken) |
| Counsel reads a statute word for word | quoted material at the tenth space, in quotation marks |
| Counsel says, "The statute basically says you can't do that" | ordinary colloquy; no quotation marks |
| "The jury was in voir dire all morning" | voir dire in roman type |
| "She kept saying ya basta" (Spanish, not interpreted) | ya basta in italics |
Checklist
- Quoted material at the tenth space, with quotation marks, only for verbatim reading.
- Spelled words in capitals with hyphens, after the word.
- Italics only for non-English words not absorbed into English; no italics for common legal Latin.
A witness says, "My name is Margaret Heller, and my last name is spelled H, E, L, L, E, R." Following AAERT's Scalini key, how is the spelling typed?
h-e-l-l-e-r
H E L L E R
H-E-L-L-E-R
(spelled phonetically)
Under the Bluebook rule reflected in the CET blueprint's references, which spoken term would be italicized in a transcript?
voir dire
A Spanish word such as mijo used within English testimony
habeas corpus
pro se
According to the Guide to Judiciary Policy, where does quoted material (other than a deposition read at trial) begin?
At the left margin, like Q and A runover lines
On the fifth space, with runover lines at the left margin
Centered on the page in capital letters
On the tenth space from the left margin, with additional quoted lines also beginning at the tenth space
Sections you finish are checked off in the contents.