IN THE
IN THE MATTER OF THE )
) Case No. 03S00-9812-MS-784
APPROVAL OF LOCAL RULES )
)
FOR BARTHOLOMEW 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 Bartholomew 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 Revised Local Rule Re: Transcripts by the Bartholomew Circuit and Superior Courts adopted April 6, 2004 is approved.
The Clerk of this Court is directed to forward a copy of this order to all judges in the Bartholomew Circuit and Superior Courts and the Clerk of such courts.
The Clerk of the Bartholomew 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 Bartholomew County.
DONE at Indianapolis, Indiana, this 20TH day of April 2004.
FOR THE COURT
____________________________
Randall T. Shepard
Chief Justice of Indiana
BARTHOLOMEW COUNTY COURTS
REVISED LOCAL RULE RE: TRANSCRTIPS
The undersigned Courts comprise all of the Courts of record of Bartholomew County, Indiana, and hereby adopted 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 Indian a 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.
(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 that are 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 Bartholomew County.
(11) County indigent transcript means a transcript that is paid
for from the 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 and county reimbursed for use of equipment, if any.
(2) 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 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 $4.00.
(4) The maximum per page fee a Court Reporter may charge for the preparation of a private transcript shall be $4.00.
(5) With the Court's approval, a Court Reporter may charge a maximum per page fee of $5.00 for transcripts requested within five (5) working days and a maximum per page fee of $6.00 for transcripts requested to be prepared within a twenty-four (24) hour time period (example: a witnesses' testimony during a jury trial to be used in closing arguments.)
(6) A minimum fee of $35.00 for total cost of transcript may be charged for any transcript less than 10 pages; this includes, but is not limited to, those that requires the court reporter's time in searching tapes, i.e. Bartholomew Superior Court 2
transcripts.
(7) 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.
(8) The maximum per page fee a court reporter may charge for a copy of the previously typed transcript, shall be $1.00. A (copy) of a transcript shall include all forms of a transcript, including, but not limited to, paper, electronic, and digital.
(9) A reasonable charge for the office supplies required and utilized for the binding and electronic transmission of the transcript is permissible; the costs for these supplies shall be determined pursuant to a Schedule of Transcript Supplies that shall be established and published annually by the Judges of Bartholomew County.
(10) A deposit of at least 1/2 of the estimated cost of the completed transcript will be required by the court reporter BEFORE beginning any transcript.
(11) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county 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 State Court Administration.
(12) Disk as Official Record. Upon the filing of a written . request or praecipe for transcript, the court reporter shall transcribe any court proceedings 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 (Original Transcript) (Court Reporter's Copy) and (Court'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 proceedings 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.
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 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 Bartholomew County, Indiana this6THday
of APRIL 2004.
__________________________ ___________________________
Stephhen R. Heimann, Judge Chris D. Monroe, Judge
Bartholomew Circuit Court Bartholomew Superior Court 1
________________________________
Roderick McGillivray, Judge Bartholomew Superior Court No. 2