How does a court reporter differentiate between fact and opinion during a trial?

A court reporter differentiates between fact and opinion primarily by relying on legal standards and the context of statements made during a trial. This distinction is crucial because the role of a court reporter is to accurately transcribe the proceedings, providing a reliable record that reflects what is said in court without bias or personal interpretation.

Legal standards come into play as the court has established guidelines about what constitutes factual testimony versus opinion-based statements. For instance, a witness may testify to seeing an event occur (fact), while another may give their interpretation of why it happened (opinion). By understanding the context in which statements are made—the manner in which the information is presented, the phrasing used, and the source of the statement—a court reporter can accurately capture not just the words, but also the essence of what is being communicated.

This methodical and context-driven approach helps ensure that the transcript faithfully represents the judicial proceedings, which is critical for appeals or any subsequent legal considerations.