IN THE

SUPREME COURT OF INDIANA

IN THE MATTER OF THE )

) Case No. 31S00-9810-MS-62

APPROVAL OF LOCAL RULES )

)

FOR HARRISON COUNTY )

ORDER APPROVING AMENDED LOCAL RULE

ADOPTED PURSUANT TO ADMINISTRATIVE RULE 15

The judges of the Harrison 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 Harrison 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, AND DECREED by this Court that the Order, entered November 25, 2003, by the Harrison Circuit and Superior Courts adopting 31D01-0122G0-28/31 C0-0311-MI-73, Local Rule Regarding court Reporter Fees For Transcripts entered is approved retroactive to an effective date of November 25, 2003.

The Clerk of this Court is directed to forward a copy of this order to all judges in the Harrison Circuit and Superior Courts and the Clerk of such courts.

The Clerk of the Harrison 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 Harrison County.

DONE at Indianapolis, Indiana, this29^th day of January, 2004.

FOR THE COURT

______________________

Randall T. Shepard

Chief Justice of Indiana

STATE OF INDIANA
IN THE HARRISON SUPERIOR AND CIRCUIT COURTS

31 D01-0311-GO-28

31 C01-0311-MI-73

HARRISON SUPERIOR AND CIRCUIT COURTS
LOCAL RULE REGARDING COURT REPORTER
FEES FOR TRANSCRIPTS

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 the Indiana Rule of Appellate Procedure 28.

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 with 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 the courts in Harrison 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. -

14. Appeal transcript means a transcript prepared in any case, civil or criminal, for purposes of an appeal to the Indiana Court of Appeals or the Indiana Supreme Court.

SECTION TWO. Salaries and Per Page Fees:

1. Court Reporters shall be paid an annual salary for regular work hours under the control, discretion, and direct supervision of the 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 outline 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. Subject to the approval of each County's fiscal body, the amount of the annual salary shall be set by the Court.

3. Regular working hours shall be determined by each Court.

4. Gap hours shall be hours worked in excess of regular working hours (if regular working hours are less than forty (40) hours per week), but not in excess of forty (40) hours per week.

5. Overtime hours shall be hours worked in excess of 40 hours per week.

6. The maximum per page fee a Court Reporter may charge for the preparation of a county indigent appeal transcript shall be Four Dollars ($4.00) per page and Four Dollars ($4.00) per page for any non-appeal transcripts. The Court Reporter shall submit a claim directly to the Court for the preparation of any county indigent transcript.

7. The maximum fee a Court Reporter may charge for the preparation of a state indigent appeal transcript shall be Four Dollars ($4.00) per page.

8. The maximum per page fee a Court Reporter may charge for the preparation of a private appeal transcript shall be Four Dollars ($4.00).

9. The maximum per page fee a Court Reporter may charge for the copy of any appeal transcript is Two Dollars ($2.00) per page.

10. With respect to any transcript, the Court Reporter may charge a minimum fee of Thirty-Five Dollars ($35.00).

11. The index and table of contents pages may be charged for at the same page rate being charged for the rest of the transcript.

12. An additional labor charge equal to the hourly rage for the Court Reporter at the time the transcript is being prepared may be charged by the Court Reporter for the time spent binding any transcript and exhibits.

13. A reasonable charge for office supplies and any other necessary materials and equipment required and utilized for preparing, binding, and electronic transmission of a transcript may be charged by the Court Reporter. A schedule of transcript supplies will be established and published annually by the Judge or Judges of the County.

14. The 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 recording a deposition and/or preparing of a deposition transcript, trial transcript, hearing transcripts, plea change and sentencing transcripts, or other transcripts, and the Court Reporter desires to utilize the Court's equipment, work space, and supplies, and the Court agrees to the use of Court equipment for such purposes, the Court and the Court Reporter shall enter into a written agreement which must at a minimum designate the following:

A) the reasonable market value 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 recording a deposition and/or preparing a deposition transcript, trial transcripts, hearing transcripts, plea change and sentencing transcripts or other transcripts, all such private practice work shall be conducted outside of regular working hours.

SECTION FOUR. Disk as Official Record:

1. Upon the filing of a written request or praecipe for transcript, the Court Reporter shall transcribe any Court proceeding 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 proceeding was held. The court reporter's copy shall be 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 FIVE. Effective Date:

1. This Local Rule, if approved, shall be effective as of the date this rule is approved by the Indiana Supreme Court.

ADOPTED at Corydon, Harrison County, Indiana this 25th day of November, 2003.