ORDER APPROVING AMENDED LOCAL RULE

ADOPTED PURSUANT TO ADMINISTRATIVE RULE 15

The judges of the Circuit and Superior Courts 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 Gibson County is set forth as an attachment to this order. This Court finds that the amendment should be approved.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by this Court that the Order, entered October 28, 2002, by the Circuit and Superior Courts adopting Amended Joint Local Rule #13, is approved effective November 12, 2002.

The Clerk of this Court is directed to forward a copy of this order to all judges in the Circuit and Superior Courts and the Clerk of such courts.

The Clerk of the 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 Gibson County.

DONE at Indianapolis, Indiana, this ________ day of February, 2003.

FOR THE COURT

________________________________

Randall T. Shepard

Chief Justice of Indiana

JOINT LOCAL RULE #13

OF THE GIBSON CIRCUIT COURT

AND GIBSON SUPERIOR COURT

The following Local Rule is adopted by the Gibson Circuit and Superior Courts pursuant to direction of the Indiana Supreme Court as found in Administrative Rule 15.

DEFINITIONS

1. Regular Hours-the regular hours of the Court Reporter shall be the same as the regular hours during which the Court is normally open. This shall mean Eight A.M to Noon, and from One P.M. to Four P.M. each day, Monday through Friday, excluding

Court holidays.

2. Gap Hours-means those hours worked that are in excess of the regular hours worked but hours not in excess of forty (40)hours per work week.

3. Overtime Hours-means those hours worked in excess of forty (40) hours per work week.

4. Work Space-means 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.

5. Equipment-means all physical items owned by the Court or other governmental entity and used by a Court Reporter in performing reporting services. Equipment shall include, but not be limited to, telephones, computer hardware, software programs, disks, tapes, and any other device used for recording, storing and transcribing electronic data.

6. Page-means the page unit of a transcript which results when a recording is transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.

7. Court Reporter-means 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.

8. Recording-means the electronic, mechanical, stenographic or other recording made as required by Indiana Rule of Trial Procedure 74.

9. Court-means the particular court for which the court reporter performs services. Court may also mean all of the courts in Gibson County.

10. County indigent transcript-means 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.

11. State indigent transcript-means a transcript that is paid for from state funds and is for the use on behalf of a litigant who has been declared indigent by a court.

12. Private transcript-means a transcript, including but not limited to a deposition transcript, that is paid for by a private party.

RULE

1. Each Court Reporter shall be paid an annual salary for time spent working under the control, direction and direct supervision of the Court during regular work hours, gap hours or overtime hours.

2. County indigent transcript preparation shall be billed in an amount not to exceed $7.00 per page. The fee shall be paid by the County upon a claim duly submitted by the Court Reporter.

3. State indigent transcripts shall be billed at an amount not to exceed $7.00 per page.

4. Private transcripts shall be billed at an amount not to exceed $7.00 per page.

5. Each Court Reporter shall report annually to the Indiana Supreme Court, Division of State Court Administration, all transcript fees received by said Court Reporter. This requirement extends to and includes county indigent, state

indigent and private transcripts. This report shall be filed on or before the last Friday in March of each year.

6. In the event that a Court Reporter desires to engage in private practice in addition to Court duties, such as recording and/or transcription of depositions, and further desires to utilize Court equipment, work space and supplies, the Court and Court Reporter shall enter into an written Agreement concerning reimbursement to the Court for usage of said items. At a minimum, said Agreement will designate the following:

(a.)the reasonable market rate for the use of equipment, work space and supplies;

(b.)the method by which records are to be kept for the use of equipment, work space and supplies;

(c.)the method by which the Court Reporter is to reimburse the Court for the use of the equipment, work space and supplies.

7. If a Court Reporter elects to engage in private practice, said practice shall be conducted outside regular working hours, or by employing personal time by agreement with the Court.

8. In regard to gap hours, the Court Reporter shall be entitled to compensatory time of one hour (or fraction thereof) for each hour (or fraction thereof) of gap time.

9. In regard to overtime hours, a Court Reporter shall entitled to compensatory time of one and one-half (1-1/2) hours (or fraction thereof) for each hour (or fraction thereof) of overtime hours.

10. In no event shall a Court Reporter be entitled to compensation for private practice, or compensation for county indigent transcripts, state indigent transcripts or private transcripts performed during regular work hours, except by utilizing personal time as per paragraph 7.