15.3 Jurisdiction, Venue & Civil vs. Criminal Proceedings
Key Takeaways
Federal courts hear cases arising under federal law (28 U.S.C. § 1331) and diversity cases between citizens of different states where more than $75,000 is in controversy (28 U.S.C. § 1332).
Venue is the proper geographic location for a case; it determines which court's rules, format and certificate apply to the transcript.
Civil plaintiffs usually must prove their case by a preponderance of the evidence; criminal guilt must be proved beyond a reasonable doubt.
In criminal transcripts, the defendant's presence must be noted if the judge does not state it on the record (Guide to Judiciary Policy § 520.40.20(a)(3)).
Blueprint topics 40401 and 40402 ask you to define venue and why it may affect the reporter's duties (federal versus state case), and to compare civil and criminal proceedings.
Jurisdiction
Jurisdiction is a court's power to hear a case.
- Subject-matter jurisdiction: power over the type of case.
- Federal question (28 U.S.C. § 1331): cases "arising under the Constitution, laws, or treaties of the United States."
- Diversity (28 U.S.C. § 1332): cases between citizens of different states (complete diversity) where the amount in controversy exceeds $75,000.
- State courts of general jurisdiction hear most other cases; limited-jurisdiction courts hear specific matters (small claims, traffic, probate).
- Personal jurisdiction: power over the particular defendant, usually based on the defendant's contacts with the state.
- Removal (28 U.S.C. § 1441): a defendant may move certain cases filed in state court to federal court.
The court systems
| Level | Federal | State (names vary) |
|---|---|---|
| Trial | 94 U.S. District Courts (with bankruptcy courts as units) | Superior, circuit, district, county courts |
| Intermediate appeal | 13 U.S. Courts of Appeals (12 regional circuits and the Federal Circuit) | Courts of appeals |
| Highest | U.S. Supreme Court | State supreme court (New York's highest court is the Court of Appeals) |
Venue
Venue is the proper place for a case: which district or county. Federal venue rules (28 U.S.C. § 1391) generally allow a civil case where a defendant resides or where a substantial part of the events occurred.
Why venue affects the reporter and transcriber
The court where the case is pending determines the rules that govern the record:
| Issue | Federal case | State case |
|---|---|---|
| Transcript format | Judicial Conference format (Guide § 520) | State rules or court format; margins, line length and certificates vary |
| Delivery and fees | Judicial Conference categories and maximum rates | State statutes and court rules |
| Certificate wording | Guide § 520.63 forms | State-required wording, often with notary details |
| Depositions | FRCP 28, 30 and 32 | State civil procedure rules; who may administer oaths; read-and-sign deadlines |
| Redaction | FRCP 5.2, FRCrP 49.1, Judicial Conference transcript policy | State privacy rules |
| Who may make the record | Courts may use digital recording and AAERT-certified transcribers (Guide § 510.40.20) | Some states license court reporters or restrict recording methods |
A deposition in a federal case taken in another state follows the federal rules for the case, but oath administration depends on who is authorized where the deponent is (FRCP 28(a) allows an officer authorized to administer oaths by federal law or by the law of the place of examination). Oath authority is a recurring practical issue for reporters, and AAERT's eligibility rules require every exam candidate to be eligible for a notary public commission.
Always confirm which court and which format apply before you start. The AAERT exam uses federal format; your clients may not.
Civil vs. criminal proceedings
| Civil | Criminal | |
|---|---|---|
| Purpose | Resolve private disputes; compensate or order action | Punish and deter offenses against the public |
| Who brings it | Plaintiff (a person, company or government) | The government: United States, State, People, Commonwealth |
| Standard of proof | Usually preponderance of the evidence (more likely than not); some claims need clear and convincing evidence | Beyond a reasonable doubt |
| Outcomes | Damages, injunctions, declaratory judgments | Fines, probation, incarceration, restitution |
| Right to counsel | Generally no appointed counsel | Sixth Amendment right to counsel, appointed if needed |
| Jury | Seventh Amendment in federal suits at common law; verdict rules vary | Sixth Amendment; federal verdicts must be unanimous |
| Pretrial discovery | Broad: depositions of parties and witnesses are routine | Narrower; depositions are rare |
| Defendant testifying | May be called by the other side | Fifth Amendment: cannot be compelled |
| Typical transcripts | Depositions, motion hearings, trials | Detention, plea, trial, sentencing hearings |
What changes in a criminal transcript
- The caption names the government as plaintiff.
- Defendant presence must be noted if not stated by the judge (Guide § 520.40.20(a)(3)): (Defendant present.)
- THE DEFENDANT is a standard speaker ID.
- Plea colloquies under FRCrP 11 and sentencing allocution appear.
- Grand jury transcripts are secret (FRCrP 6(e)).
- Juror identities are often protected by using juror numbers (Chapter 16).
Scenarios
| Scenario | What governs the transcript |
|---|---|
| A breach-of-contract case between a Vermont company and a New York company, claiming $2 million, filed in federal court | Federal (diversity); federal format and federal rules |
| The same dispute filed in a Vermont state court | Vermont rules and format |
| A deposition in a federal Texas case, with the witness answering from Ohio by videoconference | Federal rules for the case; the deposition "takes place" in Ohio (FRCP 30(b)(4)), so the oath must be given by someone authorized there |
| A state criminal bail review hearing | State format; defendant presence noted; the State as prosecuting party (the Scalini pattern) |
| A case removed from state court to federal court midway | Hearings after removal follow federal rules; earlier transcripts keep the state format they were made in |
Standards of proof at a glance
| Standard | Where used | Rough meaning |
|---|---|---|
| Probable cause | Arrests, search warrants, indictments, preliminary hearings | A reasonable basis to believe |
| Preponderance of the evidence | Most civil claims; many sentencing facts | More likely than not |
| Clear and convincing evidence | Fraud, some family and civil-commitment matters | Highly probable |
| Beyond a reasonable doubt | Criminal guilt | No reasonable doubt remains |
Why can venue change a transcriber's duties?
Venue decides how many channels the recording uses
Venue determines the transcriber's hourly pay rate set by AAERT
The court where the case is pending determines which format, certificate, deadlines and redaction rules apply
Venue affects only the judge, not the record
What amount in controversy must a diversity case exceed to be heard in federal court under 28 U.S.C. § 1332?
$10,000
$50,000
$75,000
$100,000
What is the usual standard of proof in a civil case?
Preponderance of the evidence
Beyond a reasonable doubt
Probable cause
Absolute certainty
Sections you finish are checked off in the contents.