IN THE
SUPREME COURT OF INDIANA
IN THE MATTER OF THE )
) Case No. 10S00-9810-MS-552
APPROVAL OF LOCAL RULES )
)
FOR CLARK COUNTY )
ADOPTED PURSUANT TO ADMINISTRATIVE RULE 15
The judges of the Circuit and Superior Courts of Clark County have forwarded for approval by this Court an amendment to the local rule for the regulation of court reporter services in accordance with Ind.Administrative Rule 15. Such amendment for Clark County is set forth as an attachment to this order. This Court finds that special circumstances exist and there are compelling factors to allow additional increases in per page rates for transcript preparation.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by this Court that the attached Order, entered October 8, 2003, by the Clark Circuit and Superior Courts adopting Amended Local Rule 27 is approved.
The Clerk of this Court is directed to forward a copy of this order to all judges in the Clark Circuit and Superior Courts and the Clerk of such courts.
The Clerk of the Clark Circuit and Superior Courts is directed to enter this order in the Record of Judgments and Orders for such courts and post this order for examination by the Bar and general public of Clark County.
DONE at Indianapolis, Indiana, this ________ day of November, 2003.
FOR THE COURT
________________________________
Randall T. Shepard
Chief Justice of Indiana
ORDER AMENDING LOCAL RULES OF PRACTICE
FOR THE CIRCUIT AND SUPERIOR COURTS OF THE
4TH JUDICIAL CIRCUIT, CLARK COUNTY, INDIANA
Pursuant to the requirements of Administrative Rule 15 of the Indiana Supreme Court, IT IS HEREBY ORDERED that the Local Civil Rules of Practice for the Circuit and Superior Courts of the 4th Judicial Circuit, Clark County, Indiana, are hereby amended by the revision of the following Local Civil Rule 27 regarding Court Reporter Services. This Local Civil Rule shall be applicable in all criminal matters and shall be effective immediately.
SO ORDERED THIS 8TH DAY OF OCTOBER, 2003.
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Daniel F. Donahue, Judge
Clark Circuit Court
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Jerome F. Jacobi, Judge
Clark Superior Court #1
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Cecile A. Blau, Judge
Clark Superior Court #2
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Steven M. Fleece, Judge
Clark Superior Court #3
COURT REPORTER SERVICES
A. Definitions. The following definitions shall apply under this Local Rule:
[1] Court Reporter - a person who is specifically designated by a court to perform the official court reporting services for the court including preparing a transcript of the record.
[2] Equipment - physical items owned by the court or other governmental entity and used by a court reporter in performing court reporting services. Equipment shall include, but not be limited to, telephones, computer hardware, software programs, disks, tapes, and any other device used for recording and storing, and transcribing electronic data.
[3] Work space - that portion of the court=s facilities dedicated to each court reporter, including but not limited to actual space in the courtroom and any designated office space.
[4] Page - the page unit of transcript which results when a recording is transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.
[5] Recording - the electronic, mechanical, stenographic or other recording made as required by Indiana Rule of Trial Procedure 74.
[6] Regular hours worked - those hours which the court is regularly scheduled to work during any given work week. Depending on the particular court, these hours may vary from court to court within the county but remain the same for each work week.
[7] Gap hours worked - those hours worked that are in excess of the regular hours worked but not in excess of forty (40) hours per work week.
[8] Overtime hours worked - those hours worked in excess of forty (40) hours per work week.
[9] Work week - a seven (7) consecutive day week that consistently begins and ends on the same days throughout the year, i.e. Sunday through Saturday, Wednesday through Tuesday, Friday through Thursday.
[10] Court - the particular court for which the court reporter performs services. Court may also mean all the courts in Clark County.
[11] County indigent transcript - a transcript that is paid for from county funds and is for the use on behalf of a litigant who has been declared indigent by a court.
[12] State indigent transcript - a transcript that is paid for from state funds and is for the use of a litigant who has been declared indigent by a court.
[13] Private transcript - a transcript, including but not limited to a deposition transcript, that is paid for by a private party.
B. Salaries. Court reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising court during any regular work hours, gap hours or overtime hours. The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours, i.e. monetary compensation for compensatory time off regular work hours.
C. Per Page Fees. The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be four dollars ($4.00) per page. The court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts. The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be four dollars ($4.00) per page. The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be four dollars ($4.00) per page. If the Court Reporter is requested to prepare an expedited transcript, the maximum per page fee shall be seven dollars ($7.00) per page where the transcript must be prepared within twenty-four (24) hours or less and five dollars and fifty cents ($5.50) per page where a transcript of fifty (50) pages or less must be prepared within three (3) working days. If the transcript is fifty (50) pages or more and is to be prepared in an expedited fashion, the maximum per page fee shall be five dollars and fifty cents ($5.50) per page and shall be prepared within a time frame to be agreed upon between the Court Reporter and the Attorney. Index and Table of Contents will be charged at the same rate as the other pages.
D. Minimum Fee. A minimum fee of forty dollars ($40.00) will be charged for transcripts less than ten (10) pages in length.
E. Binding and Disk Fees. An additional fee shall be added to the cost of the transcript for:
1. The time spent binding the transcript and the exhibit and index volumes at an hourly rate based on the court reporter=s hourly rate.
2. The costs of office supplies required and utilized for finding and transmission of the transcript pursuant to the Indiana Rules of Appellate Procedure 28 and 29. Said costs shall be pursuant to a Schedule of Transcript Supplies established and published annually by the courts.
F. Annual Report Requirement. Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State Court Administration.
G. Private Practice. If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing a deposition transcript, all such private practice work shall be conducted outside regular working hours. If a court reporter engages in such private practice and the court reporter desires to utilize the court=s equipment, work space and supplies, and the court agrees to the use of the court equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following:
[1] the reasonable market rate for the use of equipment, work space and supplies;
[2] the method by which records are to be kept for the use of equipment, work space and supplies; and
[3] the method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.
H. Disk as Official Record. Upon the filing of a written request or praecipe for transcript, the court reporter shall transcribe any court proceeding requested and produce an original paper transcript along with an electronically formatted transcript. Multiple disks containing the electronically formatted transcript shall be prepared and designated as AOriginal Transcript@ ACourt Reporter=s Copy@ and ACourt=s Copy.@ Each disk shall be labeled to identify the case number, the names of the parties, the date completed, the court reporter=s name, and the disk number if more than one disk is required for a complete transcript. The court=s copy of the electronic transcript shall become the official record of the court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the court where said proceeding was held. The court reporter=s copy shall by retained by the court reporter. The original paper transcript along with the disk designated as the original transcript shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal.. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requesting party.