Section 6.19 Recording a Preliminary Hearing: The Right to a Transcript

• Library: Criminal Practice 2012 Supp

VIII. (§6.19) Recording a Preliminary Hearing: The Right to a Transcript

There is no constitutional requirement that a verbatim record and transcript be made of the testimony at a preliminary hearing. State v. Eaton, 504 S.W.2d 12 (Mo. 1973). In fact, a defendant’s substantive rights are not affected by a preliminary hearing, and a preliminary hearing is not even a part of the constitutional right to due process. State v. Menteer, 845 S.W.2d 581 (Mo. App. E.D. 1992). The only exception to the requirement of a verbatim record, mentioned in §6.8 above, is in the case of a homicide, and that is in accordance with Rule 22.10 and § 544.370, RSMo 2000. State v. Clark, 546 S.W.2d 455 (Mo. App. W.D. 1976). In these cases, the verbatim record can be transcribed at the request of either party. In all other cases, there is no requirement that a record and transcript be prepared, but a record and transcript may be made of the hearing at the expense of the accused, if not prohibited by local court rule and the parties agree to (1) the method and verification of accuracy and (2) equal access to the transcript. Absent this agreement beforehand, counsel invites objection.

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