Administrative Rule 39. RECORDING DISTRICT COURT

TRIALS AND PROCEEDINGS,

AND PREPARING TRANSCRIPTS

SECTION 1. AUTHORITY

Under Article VI, Section 3 of the North Dakota Constitution, the supreme court has the authority to establish policies and procedures to be followed by all courts of the state. The court also has specific authority to establish policies relating to personnel under 27-02-05.1, NDCC.

SECTION 2. PRESERVING THE RECORD

The record of testimony and proceedings of the district court must be preserved using audio-recording devices, video-recording devices, or stenographic shorthand notes. All electronic recording devices must meet the minimum specifications established in administrative policies.

SECTION 3. FILING

The operator of the recording device or court reporter must file the original tape or shorthand notes of the proceeding with the clerk of district court at the conclusion of the trial or proceeding or as soon thereafter as is practical.

The date(s) and case number(s) must be indicated on the tape or shorthand notes in such a manner that the clerk may establish an index and filing system.

SECTION 4. ACCESS TO ORIGINALS

A. Employees

An employee of the district court, or other individual under contract with the court, who is charged with preparing the transcript may withdraw the original tape or shorthand notes for a reasonable period of time for the purpose of preparing the transcript. The clerk must indicate any withdrawal in the case file.

B. Non-Employees

1. If the court reporter who attended the proceeding is not able to prepare the transcript, the court may order that another person be allowed to withdraw the original shorthand notes.

2. If the proceeding was recorded electronically, a copy of the original tape will be forwarded for transcription.

SECTION 5. TRANSCRIPT - DUTY TO PREPARE

A. Court Reporter

The court reporter of any district court in which a criminal or civil action or proceeding has been tried shall prepare a transcript of the original shorthand notes of the action or proceeding, or of any part thereof, upon receiving an order from the court or an order for transcript from the clerk of district court and upon payment of fees as provided by court rule or when requested to do so by any party thereto with the approval of the presiding judge and upon payment of fees as provided by court rule.

B. Electronic Recordings

Each district shall establish procedures to ensure that transcripts of proceedings which are recorded electronically, are prepared in accordance with time lines established in the North Dakota Rules of Appellate Procedure.

SECTION 6. CRIMINAL ACTION PREPARED AT STATE EXPENSE

A judge of a district court in which a criminal action or proceeding has been tried, on the judge's own motion or on application of the defendant or the state's attorney of the county, may order a transcript of the action or proceeding, or of any part thereof, to be made at state expense whenever there is reasonable cause therefor.

SECTION 7. FORM OF TRANSCRIPT

The transcript must be prepared in the form prescribed by Rule 10, NDRAppP.

A page must consist of not less than twenty-five lines written on paper eight and one-half inches by eleven inches [21.59 centimeters by 27.94 centimeters] in size, prepared for binding on the left side, with margins of not more than one and three-fourths inches [44.45 millimeters] on the left nor three-eighths inch [9.53 millimeters] on the right. Type must be standard pica with ten letters to the inch [2.54 centimeters]. Questions and answers must each begin a new line. Indentations for speakers or paragraphs may not be more than ten spaces from the left margin. Pages must be numbered consecutively. Transcripts must be indexed as to witnesses and exhibits.

SECTION 8. CERTIFICATION

The transcript must be certified by the person preparing the transcript in accordance with Rule 10, NDRAppP.

SECTION 9. FEES

A. Court Reporters Employed by the Judiciary

1. Until July 1, 1997, the court reporter is entitled to receive the preparation fee as established by administrative policy and is responsible for all associated expenses.

2. For any transcript where the notice of appeal is filed after June 30, 1997, or where the transcript is prepared for the business of the court as defined by administrative policy and the request is made after June 30, 1997, fees for preparation of transcripts will be paid to the state of North Dakota as established by administrative policy. The state will be responsible for expenses.

B. Other Individuals or Companies

1. Judicial Employees

If the transcript is prepared by a judicial employee, other than a court reporter, the requesting party will make payment to the state of North Dakota at the rate established by administrative policy, and in accordance with Rule 10, NDRAppP. The state will be responsible for expenses.

2. Non-Judicial Employees

If the transcript is prepared by an individual who is not a judicial employee, payment will be made directly to the preparer, at a rate not to exceed administrative policy, and in accordance with Rule 10, NDRAppP.

C. Original and Copies

The original shorthand notes or tape of the proceedings are the property of the state of North Dakota and must be filed with the clerk of court. The transcript is the property of the state of North Dakota after it has been filed with the clerk of district court or clerk of the supreme court.

EXPLANATORY NOTE

Administrative Rule 39 was adopted, effective March 1, 1995, amended effective __________________.

SOURCES: Joint Procedure Committee Minutes of __________________.