“The record” is the official account of what happened in the courtroom: who said what, what was objected to, how the judge ruled. An appellate court, or any later judge, can only look at the record. If something is not in it, then for every practical purpose it did not happen — no matter how vividly you remember it.
The two words that matter
“On request, an official court reporter shall: (1) attend all sessions of the court; (2) take full shorthand notes of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings…”
On request. Not automatically. The reporter’s duty to attend and take down the proceeding is triggered by somebody asking. In a fully contested trial with lawyers on both sides, somebody always asks and it is invisible to you. In a short hearing on a Tuesday morning with one self-represented parent, it is entirely possible that nobody does.
So ask. Before the hearing starts, out loud, on the record if you can:
“Your Honor, I’d like to request that a court reporter take a record of this hearing.”
Better still, ask earlier. Call the court coordinator a few days before and say you are requesting a court reporter for the setting. That gives the court time to arrange one and removes the risk of arriving to find nobody available.
The statute is not uniform across its parts. Testimony, objections and rulings are covered by a plain “on request” in § 52.046(a)(2). But closing arguments, in § 52.046(a)(3), are covered “if requested to do so by the attorney of a party to the case” — and a self-represented party does not have one.
We are not going to tell you what that means; it is a question of statutory interpretation and courts may read it differently. What we will say is that if you want your closing recorded, make the request explicitly and early, and if it is refused, ask that the refusal itself be noted on the record. Then you have preserved the question instead of discovering it later.
Getting the transcript afterwards
Notes are not a transcript. Somebody has to order one, and it costs money.
Under Texas Government Code § 52.047 you apply in writing to the official court reporter. The reporter must furnish the transcript no later than the 120th day after both the application is received and the fee is paid — or you establish indigency under Rule 20 of the Texas Rules of Appellate Procedure. If you cannot afford it, that indigency route is the thing to ask about, and it is not exotic; it exists precisely for this.
If you think the fee is too high, § 52.047(b) lets the judge determine a reasonable fee, taking into account how difficult and technical the material is and any time pressure you are under. Paying the fee entitles you to the original and one copy; additional copies are capped at one-third of the original per-page cost.
Reporters must preserve their notes for three years from the date taken (§ 52.046(a)(4)). That is your outer window for a hearing that was recorded but never transcribed, and three years goes faster than it sounds.
Making the record say what you need it to say
A reporter writes down what is said. That is all. Which means the record is only as good as your habit of speaking the important things out loud.
- Nodding is nothing. “Yes” and “no” out loud, every time.
- Gestures are nothing. “I’m pointing to the third line of Exhibit 4” puts it in the record; pointing does not.
- Name your exhibits by number every time you touch them. “This document” is invisible on paper.
- If the judge rules against you, ask for the ruling to be stated. A ruling that never got articulated is hard to appeal.
- If something happens off the record that matters — a conversation in chambers, an agreement in the hallway — ask to put it on the record when you come back in.
“Your Honor, before we go on, may I put something on the record? In the hallway, counsel and I agreed that…”
Recording it yourself
Do not, unless you have express permission. Most Texas courts prohibit recording by anyone other than the official reporter, many post it on the courtroom door, and being caught doing it will cost you far more credibility than the recording could ever be worth. Ask the coordinator if you want to know your court’s rule.
What you can always do is take notes. Write down the time, who spoke, and the exact words of any ruling. Your notes are not the record, but they will tell you what to order a transcript of.
Sources. Texas Government Code §§ 52.046(a)(1)–(5), 52.047(a)–(c). Statutory text verified 4 August 2026 against the Texas Legislature’s official statutes site, current through the 89th Legislature, 2nd Called Session, 2025.
Last reviewed 4 August 2026.