Rule 13 Records and Recording of Proceedings

13.01 Type of Record

A Record shall be made of proceedings in this Court. This record shall be made by an official Court Reporter and may be transcribed from audio recordings, video recordings if ordered by the Court, shorthand recordings of the proceedings or stenotype recording of the proceeding.

13.02 Transcript in Criminal Cases

All Grand Jury Proceedings shall be recorded. Neither the Court Reporter nor Bailiff shall prepare recordings or transcripts of testimony of grand jury proceedings except upon order of the Court, or at the request of the Prosecutor's Office.

In criminal cases, the official transcript shall be prepared from the shorthand or stenographic record of the trial proceedings together with audio cassette tapes or video tapes of other hearings and proceedings. The official transcript shall consist of the trial transcript prepared by the Court Reporter and certified, together with the certified transcript of any hearing or portion thereof that is requested for purposes of appeal.

Audio tapes shall be transcribed by a transcription service approved by the Court. The portion of the transcript so transcribed shall be certified by the Court Reporter before filing with the Court of Appeals. The Court Reporter may correct errors in the transcript through the preparation of an eratta sheet, correction on the copy provided. Where the errors are numerous, the Court Reporter may return the proposed transcript to counsel or to the transcriber for correction. It shall be the responsibility of counsel to obtain any extension of time necessary for the certification of transcripts.

It shall be the responsibility of counsel to meet with a representative of the Prosecutor's Office to resolve, where possible, any areas of the transcript of the audio tapes that are "inaudible," or to resolve any other dispute about the accuracy or completeness of the transcript by listening to the original tape. Where counsel are unable to agree, the Assigned Judge shall resolve the dispute. The areas of agreement, and determinations of the Court, shall be certified to the Court of Appeals as a part of the record.

13.03 Transcript in Civil Cases

Counsel shall notify the Court at the first pretrial whether their respective client(s) desire to have the proceedings taken by shorthand or stenographic means. Absent such a request, the proceedings shall be recorded by audio cassette tapes.

If a request is made the court will advise counsel of the per day cost. It shall be the responsibility of the requesting party or parties to deposit with the Clerk of Courts, no later than two weeks before trial, sufficient funds to pay for the cost of the reporter. The amount to be deposited shall be calculated by multiplying the cost per day by the number of days counsel advise the Court the case will take to complete. If multiple parties request a shorthand or stenographic record, the Court shall determine each party's respective deposit by dividing the total cost by the number of requesting parties. Should counsel be unable to agree on the number of days to complete the case the Court shall determine the projected length of the trial for purposes of this rule and the deposit calculations. Should the Court determine during the course of the trial that the trial will take longer than expected, or should a new trial be ordered, the Court may order further deposits from the requesting party or parties.

At any time following the first pretrial should counsel determine that their client does not desire a shorthand or stenographic record, counsel shall immediately notify the Court and all other counsel and non-represented parties who have appeared in the action. Failure to deposit the costs by a requesting party will result in an audio tape record except that where more than one party has requested a shorthand or stenographic record then the party or parties desiring a shorthand or stenographic record, then that party or parties desiring such a record may deposit the unpaid balance not less than 7 days before the commencement of trial. If shall be the responsibility of the parties and not the court to determine whether each requesting party has timely paid the deposit.

At the conclusion of the trial, the deposit shall be used to pay the Court Reporter. The fee of the Court Reporter shall be assessed as Court costs, and the party or parties paying the deposit, if not assessed costs attributable to the Court Reporter fee in excess of the deposit, shall have a judgment against the other parties, whether they requested a shorthand or stenographic record or not, for the excess deposit attributable to the Court Reporter.

13.04 Costs and Form

The cost of transcribing records and copies shall be paid forthwith to the transcriber by the party for whose benefit the same is made. In indigent criminal cases approval for count payment for transcription prior to the rendering of a decision by the Court of Appeals may be made upon application to the Court. Every transcript filed in this Court shall bear the name and address and telephone number of the person preparing it, and if it is to be filed in the Court of Appeals, shall be in the form and have the content prescribed by the Appellate Rules.

No transcript shall be prepared for any attorney or party until satisfactory arrangements for payment have been concluded between the Court Reporter and the attorney or party. Copies of transcripts and depositions for parties or they attorney, must be obtained from the Court Reporter or Transcriber. Filed copies shall be available for review by parties or their attorney, but not for copying, at the Clerk's Office.

13.05 Transcript - non parties

Official Reporters shall not prepare a transcript of the evidence in any case for a person or persons not a party thereto unless all parties to the case shall have consented thereto in advance.

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