IN THE

 

SUPREME COURT OF INDIANA

 

 

IN THE MATTER OF THE               )

)    Case No.79S00-9810-MS-589

APPROVAL OF LOCAL RULES     )

)

FOR TIPPECANOE COUNTY )

 

 

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 Tippecanoe County is set forth as an attachment to this order.  This Court finds that the amendment should be approved retroactive to the date it was originally submitted to this Court.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by this Court that the Order by the Circuit and Superior Courts adopting Local Rule 2003-1 is approved retroactive to February 4, 2003.

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 Tippecanoe County.

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

 

FOR THE COURT

 

________________________________

Randall T. Shepard

Chief Justice of Indiana


The Court is directing that all proposed amendments to the local rules passed pursuant to Administrative Rule 15 and requests to made amendments be reviewed by your office pursuant to the following guidelines:

 

1.             Rate increases of up to $0.50 per page of any existing page rate are justifiable based upon the increased work product obligations;[1]

2.             A minimum fee up to $35.00 per transcript is permissible;

3.         Index and Table of Contents pages should be charged at the per page rate being changed for the rest of the transcript;

4.         An additional labor charge approximating the hourly rate based upon the court reporter’s annual court compensation may be charged for the time spent binding the transcript and the exhibit binders;

5.             A reasonable charge for the office supplies required and utilized for the binding and electronic transmission of the Transcript, pursuant to Indiana Rules of Appellate Procedure 28 and 29, is permissible; the costs for these supplies should be determined pursuant to a Schedule of Transcript Supplies which should be established and published annually by the judge or judges of the county.


TIPPECANOE COUNTY COURTS, LAFAYETTE, INDIANA

 

LOCAL RULE 2003 - 1

 

The undersigned courts comprise all of the courts of record of Tippecanoe County, Indiana and hereby adopt the following local rule by which court reporter services shall be governed.

 

Section One. Definitions. The following definitions shall apply under this local rule:

 

(1)   A Court Reporter is 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 means all 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 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.

 

(4)   Page means the page unit of transcript which results when a recording is transcribed in the form required by Indiana Rule of Appellate Procedure 7.2, and includes the index and table of contents pages.

 

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

 

(6)   Regular hours worked means 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 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.

 

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

 

(9)   Workweek means 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 means the particular court for which the court reporter performs services. Court may also mean all of the courts in Tippecanoe County.

 

(11)  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.

 

(12)  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.


         (13)  Private transcript means a transcript, including but not limited to a deposition transcript, that is paid for by a private party.

 

Section Two. Salaries and Per Page Fees.

 

(1)   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 or compensatory time off regular work hours

 

(2)   Court reporters may contract to prepare transcripts outside the hours in which their attendance is required and outside hours they perform other work pursuant to their employment relationship.

 

       (a) The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.00; the court reporter shall submit a claim to the ancillary court reporter, who shall submit the claim to the county for the preparation of any county indigent transcripts.  The ancillary court department shall have the responsibility of maintaining the budget for county indigent transcripts.

 

       (b) The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $4.00. The court reporter shall submit the invoice for state indigent transcripts directly to the state.

 

(c)  The maximum per page fee a court reporter may charge for the preparation of a private

transcript shall be $4.00.  The court reporter shall submit the invoice for private transcripts directly to the attorney requesting the transcription.  A deposit in the amount of the estimated work shall be required from the attorney making a private transcript request.

 

       (d) The per page fee for expedited transcripts shall be $6.50 with 24 hours notice and $5.00 with three (3) days notice.

 

       (e) An additional labor charge may be assessed in the amount of the court reporter’s hourly rate based upon the court reporter’s annual court compensation or $15.00 per hour, whichever is greater, for the time spent binding the transcript and the exhibit binders.

      

       (f)  An additional charge shall be assessed for the office supplied required and utilized for the binding and the electronic transmission of the transcript, pursuant to Indiana Rules of Appellate Procedure 28 and 29, pursuant to a Schedule of Transcript Supplies published annually by the Judges of the County.

   

(3) 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.

 

Section Three. Private Practice.

 

(1) If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, 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:

 

(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; and

 

(c)   The method by which the court reporter is to reimburse the court for the use of the

equipment, work space and supplies.

 

(2)   If a court reporter elects to engage in private practice through the recording of a deposition

and/or preparing of a deposition transcript, all such private practice work shall be conducted outside

of regular working hours.

 

 

ADOPTED at _______________ County, Indiana, this ______ day of ________________, 2003.

 

 

COURTS:

 

_____________________________                   

Donald Daniel, Judge                                             

Tippecanoe Circuit Court                                       

 

____________________________

Donald C. Johnson, Judge

Tippecanoe Superior Court

 

_____________________________

Thomas H. Busch, Judge

Tippecanoe Superior Court No. 2

 

_____________________________

Loretta H. Rush, Judge

Tippecanoe Superior Court No. 3

 

_____________________________

Gregory Donat, Judge

Tippecanoe Superior Court No. 4

 

_____________________________

Lesley Meade, Judge

Tippecanoe Superior Court No. 5

 

_____________________________

Michael Morrissey, Judge

Tippecanoe Superior Court No. 6



[1] Justice Dickson dissents to the guideline believing that any per page rate in excess of $3.50 is unjustified and should not be permitted