Supreme Court Rules Table of Contents
(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
(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.