ORDER APPROVING AMENDED LOCAL RULE

ADOPTED PURSUANT TO ADMINISTRATIVE RULE 15

The judge of the Circuit Court has 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 Union 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 November 19, 2002, to Amend Local Rule #3, by the Circuit Court is approved.

The Clerk of this Court is directed to forward a copy of this order to the judge in the Circuit Court and the Clerk of such court.

The Clerk of the Circuit Court is directed to enter this order in the Record of Judgments and Orders for such court and post this order for examination by the Bar and general public of Union County.

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

FOR THE COURT

________________________________

Randall T. Shepard

Chief Justice of Indiana

AMENDMENT TO LOCAL RULE #3

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

Section One. Definitions. The following definitions shall apply under the 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.

(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) Work week 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 Union 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) The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $3.50; the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.

(3) The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $3.50.

(4) The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $3.50.

(5) 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.

(6) If an expedited transcript is requested (within 30 days), the court reporter may charge an additional fee per page for the typing of said transcript.

(7) A minimum fee may be charged up to $35.00 per transcript.

(8) A copy charge of $1.00 per page may be charged for any copies made.

(9) An additional labor charge of $14.00 per hour (which approximates 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.

(10) A reasonable charge for the office supplies required and utilized for the preparation, binding and electronic transmission of the Transcript may be charged as designated in the Schedule of Supplies.

Section Three. Private Practice.

This section is not applicable — not involved in private practice.

ADOPTED at Union County, Indiana, this 19^th day of November, 2002.

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JUDGE, UNION CIRCUIT COURT