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RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 59. Preparation Of Transcripts Of Court Proceedings; Designation Of Transcriber And Approval Of Transcript Fees.

   
(1)  Preparation of A Transcript Other Than for A Supreme Court Appeal

       
(a)  Any person may request that a transcript be prepared of a recorded court proceeding except when the case or proceeding is confidential by statute or court rule or order.  In a confidential case or proceeding, a request for a transcript made by a person who is not a party ordinarily will be denied.

      
A transcript will be prepared from the recording of the proceeding by the transcriber designated by the court in accordance with paragraph 3 of this rule.  

        
(b)  A person requesting the preparation of a transcript (requesting party) will be required to pay the cost of preparing the transcript in accordance with the fee schedule approved by the Supreme Court pursuant to paragraph 3 of this rule.  Requests to have a transcript prepared at the expense of the State or other governmental entity are governed by paragraph (j) below.  Preparation of transcripts at the request of a court is governed by paragraph (k) below.

         (c)  The requesting party will be required to pay the transcriber a deposit for preparation of the transcript before the transcriber begins work.  The deposit is an estimate of the cost of preparing the transcript.  The cost of the transcript will be determined by the fee schedule approved by the Supreme Court.  If the deposit amount is insufficient to cover the cost of the transcript, the requesting party may be required to pay the balance of the transcript cost before receiving the transcript.  If the deposit exceeds the cost of the transcript, the excess deposit will be refunded.

(d)  The requesting party shall submit a request for preparation of a transcript to the transcriber.  The requesting party shall identify the court where the proceeding was held (the court of record) and specify the portion or portions of a court proceeding to be transcribed.  An excerpt of a proceeding may be requested, provided that if any portion of the testimony of a witness is requested, the entire testimony of that witness must be transcribed.   

(e)  Upon receipt of a transcript request and any required deposit, the transcriber shall request the recording of the proceeding(s) and case information from the court of record.  Immediately upon receipt of the request from the transcriber, the court of record shall send the transcriber the recording of the court proceeding(s) to be transcribed, along with pertinent case information.  

(f)  The transcriber shall proceed to transcribe the court proceeding upon receipt of the recording and pertinent case information.  The transcriber shall complete the transcript within the time requested.  If the transcriber cannot prepare the transcript within the time requested, the transcriber shall notify the requesting party.  The time allowed the transcriber for completion of the transcript shall be calculated from the date that the transcriber receives the recording of the proceeding from the court of record.  

(g)  The transcriber shall certify that the completed transcript is an accurate transcription of the court proceeding.  The certification shall be in the following form:

To the best of my professional ability, skill, and knowledge, I certify that this transcript is a true and accurate record of the recording.

 

Name:                                                 Date:

 

(h)  The transcriber shall provide the court of record with the certified transcript, which shall be digitally signed, in PDF-A format.  Unless the requesting party has arranged for another format, the transcriber shall provide the requesting party with a certified, digitally-signed copy of the transcript in PDF-A format.  

(i)  Requests for transcripts previously requested or prepared:  

A copy of a completed transcript of a court proceeding that was prepared in an electronic format may be requested from the transcriber or from the court of record, for a fee to be determined in accordance with the fee schedule approved by the Supreme Court.  The court of record may require a person requesting a previously prepared transcript to submit the request to the transcriber designated by the court in accordance with this rule.  A copy of a completed transcript of a court proceeding that is not available in an electronic format may be obtained from the court of record for a fee to be determined in accordance with the fee schedule approved by the Supreme Court.    

(j)  Requests for transcripts in cases in which the requesting party is entitled to preparation of a transcript at the expense of the State or other governmental entity:  

          (i.)   Any person requesting that a transcript of a proceeding be prepared at the expense of the State or other governmental entity must file a motion for authorization to obtain services other than counsel in the court where the matter is pending.  If the motion is granted, counsel shall submit the transcript request and a copy of the approved motion for services to the court-designated transcriber.  Upon receipt of the request, the transcriber will request copies of the recorded court proceeding and other pertinent case information from the court of record.  No deposit shall be required for preparation of the transcript in such cases.  

          (ii.) Upon completion of the transcript, the transcriber shall send the transcript to the requesting party, to the court that granted the motion, and to the court of record, if different from the court that granted the motion.  If the motion was granted by the Superior Court, the transcriber shall send a Statement for Services Form with the transcript to the Superior Court.  If the motion was granted by a division of the Circuit Court, the transcriber shall send a Statement for Services Form to the Circuit Court Transcript Center.   

          (iii.)  Upon receipt of the transcript and Statement for Services Form, and after verification that the Statement is correct, payment of the transcriber’s Statement shall be approved by the Superior Court or the Administrative Judge of the Circuit Court and sent to the authority responsible for payment along with the necessary paperwork.  

          (iv.)  In all other respects, the procedures set forth in paragraphs (a)-(i) will govern the preparation of a transcript prepared in such cases.  

(k)  Preparation of transcript for court use:  

          (i.)  When a court orders a transcript for the court’s use, it shall issue an order requiring that the transcript be prepared at the expense of the judicial branch.  The court clerk or the clerk’s designee shall submit the transcript request and a copy of the court order, with the recording of the court proceeding and pertinent case information to the transcriber.  No deposit shall be required for preparation of a transcript for use by a court.  

          (ii.) Upon completion of the transcript, the transcriber shall send the completed transcript to the requesting court.  If the requesting court is the Superior Court, the transcriber shall send an itemized invoice with the transcript to the Superior Court.  If the requesting court is a division of the Circuit Court, the transcriber shall also send an itemized invoice with the transcript to the Circuit Court Transcript Center.  

          (iii.)  Upon receipt of the transcript and itemized invoice, and after verification that the invoice is correct, payment of the transcriber’s invoice shall be approved by the requesting Superior Court or by the Circuit Court Administrative Judge and sent to the Administrative Office of the Courts for payment along with the order approving payment.  

          (iv.)  In all other respects, the procedures set forth in paragraphs (a)-(i) will govern the preparation of a transcript prepared in such cases.

(2)  Preparation of Transcripts for Appeal  

The preparation of a transcript for appeal is governed by Supreme Court Rule 15.  

(3)  Designation of Transcriber and Approval of Fees  

(a)  The Supreme Court shall designate a person or entity which shall be responsible for transcribing all court proceedings.  

(b)  The Supreme Court shall approve a fee schedule for the preparation of transcripts.  

(c)  After a transcript of court proceedings has been prepared by the transcriber and provided to the court of record, the transcript shall become the property of the judicial branch, and the judicial branch shall have the right to make copies of the transcript for its own use and to provide copies to others with or without charge.  The transcriber shall not be entitled to payment of any additional fees for copies made by the judicial branch.  

(4)  Official Record  

(a)  When a transcript of a court proceeding is prepared by the transcriber designated by the Supreme Court, the certified, digitally-signed transcript provided to the court of record or the Supreme Court in the case of an appeal shall be considered the official record of the court proceeding.  

(b)  Any person may request a copy of the audio recording of a hearing from the court of record, except when a case or proceeding is confidential by statute or court rule or order.  The court of record may require the person requesting a recording to submit the request to the transcriber designated by the court in accordance with this rule.  The recording will be provided on CD or by audio download for a fee to be determined in accordance with the fee schedule approved by the Supreme Court.  A copy of the recording of a court proceeding shall not be deemed to be the official record of the proceeding.


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