How should you record a sidebar or bench conference?

Recording a sidebar or bench conference requires specific attention to discretion and accuracy. The correct choice highlights the importance of indicating that such a discussion is off the record. Sidebars and bench conferences typically occur outside the presence of the jury or in a less formal setting, often allowing parties to address matters without introducing them into the official court record. By noting it as off the record, you signal to anyone reviewing the transcript in the future that the contents of that conversation should not be considered part of the formal proceedings or the record of the court case.

While documenting it without context or writing it verbatim would create ambiguity or integrate private discussions into the record, marking it off the record provides clarity about its handling. Recording with a timestamp, while useful for general timing in court proceedings, doesn't address the unique nature of sidebars or conference discussions, which inherently require careful management to preserve the integrity of the trial process. Therefore, officially noting it as off the record aligns with best practices for legal transcription.