Rule 1.903.Trial of issues; reporting
Division IX: Trial and Judgment · Last amended October 9, 2009 · Last verified July 15, 2026
Full Text of Rule 1.903
Plain-English Summary
Rule 1.903 draws the line between what a jury decides and what the court decides. Every issue goes to the court unless a jury has been demanded for it; issues with a jury demand go to a jury unless the court finds there is no right to one, or every party appearing at trial waives the jury — in writing or by saying so in open court.
The rule then makes a detailed record the default. Unless the parties waive reporting, everything of consequence at trial gets reported: the court's own comments and rulings, jury impaneling, opening statements, testimony and offers of proof, whether testimony was closed to the public, how exhibits were identified and what evidence came in, motions made during trial, closing arguments, the return of the verdict, and anything else that could otherwise only be preserved through a bill of exceptions.
Rule 1.903(3) then puts a paper trail behind that reporting duty. Promptly after a proceeding is reported, the court reporter must file a memorandum on the required form, described in Rule 1.1901 — noting the type of proceeding, the dates it occurred, the reporter's and judge's names, and the reporting fee — signed by the reporter and entered on the docket by the clerk. That memorandum serves as the certification the reporting statute requires, and the reporter does not have to serve it on the parties.
Frequently Asked Questions
Which issues go to a jury and which go to the court?
Rule 1.903(1) sends all issues to the court except those for which a jury is demanded. Issues with a jury demand go to a jury unless the court finds there is no right to a jury on that issue, or every party appearing at trial waives it in writing or orally in open court.
Is everything at trial recorded by a court reporter?
Unless the parties waive reporting, yes — Rule 1.903(2) lists a detailed set of proceedings that must be reported, from the court's comments and rulings through jury selection, testimony, exhibits, motions, closing arguments, and the verdict.
What does the court reporter have to file after a proceeding is reported?
Rule 1.903(3) requires a memorandum, on the form referenced in Rule 1.1901, stating the type of proceeding, the dates it occurred, the reporter's and judge's names, and the reporting fee, signed by the reporter and entered on the docket by the clerk.
Does the court reporter have to serve that memorandum on the parties?
No. Rule 1.903(3) specifically states the court reporter is not required to serve the memorandum on the parties.
Can the parties agree to skip reporting the trial?
Yes. Rule 1.903(2) makes reporting the default but allows the parties to waive it.