IN THE
SUPREME COURT OF INDIANA

 

 

IN THE MATTER OF THE           )

                                                         )         Case No. 19500-9810-MS-678

APPROVAL OF LOCAL RULES  )

                                                          )

FOR DUBOIS 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 Dubois County is set forth as an attachment to this order. This Court finds that special circumstances exist, there are compelling factors to allow an additional increase in per page rates for transcript preparation and that the amendment should be approved.

IT IS, THEREFORE, ORDERED, ADJUDGED, AN) DECREED by this Court that the Order by the Circuit and Superior Courts adopting Local Rule — Court Reporter Services, entered in July 26, 2004 is approved.

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 Dubois County.

DONE at Indianapolis, Indiana, this___ 9th day of November 2004.

 

FOR THE COURT

Randall T. Shepard

Chief Justice of Indiana

DUBOIS CIRCUIT COURT
DUBOIS SUPERIOR COURT
LOCAL RULE — COURT REPORTER SERVICES

 

 

The undersigned courts comprise all of the courts of record of Dubois 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 Rules of Appellate Procedure.

 

(5)     Recording means the electronic, mechanical, stenographic or other recording made as required by Indiana Rules 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 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 Dubois 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 a nd Per Paqe Fees:

(1)     Court Reports 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 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 for a court reporter for the preparation of a county indigent transcript shall be $3.50 per page. However, if the transcript is prepared for appeal purposes, the maximum per page fee 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 for a court reporter for the preparation of a state indigent transcript shall be $3.50 per page. However, if the transcript is to be prepared for appeal purposes, the maximum per page fee shall be $4.00.

(4)     The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $3.50 per page. However, if the transcript is to be prepared for appeal purposes, the maximum per page fee shall be $4.00.

(5)     An additional labor charge approximating the hourly rate based upon the court reporter's annual court compensation may be charged for the time spent in binding a transcript and exhibit binders for appeal purposes.

 

(6)     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 an agreement which must, at the 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 Dubois County, Indiana, this 26th day of July, 2004.

 

 

                                                                        _____________________________________

                                                          WILLIAM E. WEIKERT

                                                          JUDGE, DUBOIS CIRCUIT COURT

 

 

                                                                        _______________________________________

                                                          HOWARD B. LYTTON, JR.

                                                          JUDGE, DUBOIS SUPERIOR COURT