Supreme Court Rules Table of Contents
(1)
Preparation of A Transcript Other Than for An 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 are 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 complete the Transcript
Request Form 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. The requesting party shall submit the
Transcript Request Form to the transcriber with the required deposit.
(e) Upon receipt of the Transcript Request
Form and required deposit, the transcriber shall send a copy of the Transcript
Request Form to the trial court clerk. Immediately
upon receipt of the Transcript Request Form from the transcriber, the trial
court clerk 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 on the Transcript Request
Form. 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 trial court.
(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 trial court clerk
with the certified transcript, which shall be digitally signed, in PDF format on
CD. The transcriber shall provide the requesting party with a certified,
digitally-signed copy of the transcript in PDF format on CD.
(i) Requests for
transcripts previously requested or prepared:
(A) If the subsequent request is made prior
to the completion of a transcript, the transcriber shall notify the trial court,
which shall allocate the cost of the transcript among the requesting parties,
and shall determine whether an additional deposit is required.
(B) If the subsequent request is made within
90 days of completion of a transcript, the transcriber shall advise the
subsequent requesting party to submit the request directly to the trial court. The trial court may order the subsequent
requesting party to reimburse the original requesting party for a portion of the
cost of preparing the transcript.
(C) If the subsequent request is made more
than 90 days after completion of the transcript, the transcriber shall advise
the requesting party to submit the request directly to the trial court. The trial court shall provide a copy of
the transcript on CD for a fee of $25.00. The
trial court will not provide a paper copy of the transcript.
(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:
(A) 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 trial court. If the
motion is granted, counsel shall complete the Transcript Request Form and submit
it to the trial court. The trial
court clerk shall submit the Transcript Request Form and the recording of the
court proceeding and pertinent case information to the transcriber. No deposit shall be required for
preparation of the transcript in such cases.
(B)
Upon completion of the transcript, the transcriber shall send an itemized
invoice to the trial court clerk with the completed transcript and a Services
for Other than Counsel form for approval by the trial court.
(C) Upon the trial court’s receipt of the
transcript and itemized invoice, and after verification that the transcript is
correct, payment of the transcriber’s invoice shall be approved and sent to
the authority responsible for payment along with the necessary paperwork.
(D) 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 the trial court:
(A) When the trial 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 trial court clerk shall complete the Transcript Request
Form and shall submit it 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
the trial court.
(B)
Upon completion of the transcript, the transcriber shall send an itemized
invoice to the trial court clerk with the completed transcript.
(C) Upon the trial court’s receipt of the
transcript and itemized invoice, and after verification that the transcript is
correct, payment of the transcriber’s invoice shall be approved and sent to
the Administrative Office of the Courts for payment along with the order
approving payment.
(D) 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 trial 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 trial court clerk, 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 trial court or the Supreme Court in
the case of an appeal shall be considered the official record of the trial court
proceeding.
(b) Any person may request a copy of the audio
recording of a hearing except when a case or proceeding is confidential by
statute or court rule or order. The recording will be provided on CD or
audiotape for a fee of $25.00 per case, except that when a request is made that
the recording be provided on a daily basis, the fee will be $25.00 for each
recording requested. A copy of the recording of a court proceeding shall
not be deemed to be the official record of the proceeding.