IN THE
SUPREME COURT OF INDIANA
IN
THE MATTER OF THE )
) Case
No. 09S00-9810-MS-551
APPROVAL
OF LOCAL RULES )
)
FOR CASS 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 Cass 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 Amended Local Rule 7, adopted
April 13, 2004, by the Cass Circuit and Superior Courts is approved.
The Clerk of this Court is
directed to forward a copy of this order to all judges in the Cass
Circuit and Superior Courts and the Clerk of such courts.
The Clerk of the Cass
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 Cass
County.
DONE at
Indianapolis, Indiana, this 3rd day of May 2004.
FOR
THE COURT
____________________________
Randall
T. Shepard
Chief
Justice of Indiana
AMENDED
LOCAL RULE 7
The undersigned courts comprise all
the courts of record of Cass 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, 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 the 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 Cass 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 county 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 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 $4.25; the court reporter
shall submit a claim to the county for the preparation of any indigent
transcripts.
(3)
The maximum per page fee a court reporter may charge for the
preparation of a state indigent transcript shall be $4.25.
(4)
The maximum per page fees a court reporter may charge for the
preparation of a private transcript shall be $4.25.
(5)
The maximum per page fee a court reporter may charge for the
preparation of an expedited transcript (county indigent, state indigent or
private) shall be $1.25 extra. An expedited
transcript shall be any transcript that is requested to be prepared within ten
(10) days.
(6)
The court reporter may charge a minimum fee of $35.00 for a
transcript of less than nine (9) pages in
length. This minimum fee is in lieu of the per page fee, not in addition to the
per page fee.
(7)
Index and Table of Contents pages shall be charged at the per
page rate being charged for the rest of the transcript.
(8)
An additional labor charge approximating the hourly rate based upon
the court reporter's annual court
compensation may be charged for time spent binding the transcript and
the exhibit binders; the hourly rate is available at the court office.
(9)
A reasonable charge for 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
shall be determined pursuant to a Schedule of Transcript Supplies
adopted annually by the judges of Cass County and shall be available in the
offices of the Circuit and Superior Courts.
(10)
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 County 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 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 court 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, workspace 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 Cass County, Indiana, this 13th day of April
2004.
_________________________________
JULIAN L.
RIDLEN
JUDGE,
CASS CIRCUIT COURT
_________________________________
THOMAS C.
PERRONE
JUDGE,
CASS SUPERIOR COURT 1
_________________________________
RICHARD A.
MAUGHMER
JUDGE, CASS
SUPERIOR COURT 2