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Rule 74 – Recording Machines; Court Reports; Stenographic Report or Transcript as Evidence

May 13, 2021 | Civil Procedure, Indiana

(A) Recording machines-Transcripts. For the purpose of facilitating and expediting the trial of causes and the appeals therefrom, the judge of each circuit, criminal, superior, probate and juvenile court of each and every county of this state may arrange and provide for the recording by electronic or mechanical device, or by stenographic reporting with computer-aided transcription capability of, any and all oral evidence and testimony given in all causes and hearings, including both questions and answers, and all rulings of the judge in respect to the admission and rejection of evidence and objections thereto and the recording of any other oral matters occurring during the hearing in any proceeding. The recording device or the computer aided transcription equipment shall be selected and approved by the court and may be placed under the supervision and operation of the official court reporter or such other person as may be designated by the court. The court may, in its discretion, eliminate shorthand or stenographic reporting of any recorded matter.

A transcript, typewritten or in longhand, made in part or entirely from such recording, shall serve the same purpose as if made from shorthand notes and if certified, as in the case of a transcript of shorthand notes, shall serve the same purpose and be as valid as if made from shorthand notes.

Provided further, that the judge may authorize or direct the court reporter or any other responsible, competent person, in his discretion, to make a transcription from such recordings, and the same shall be certified by the person making said transcriptions in the same manner and have the same effect as if made from shorthand notes.

(B) Reporter may serve as clerk and serve other judges. When the circuit court judge and the judge or judges affected find that such duties will not affect the efficiency of the court, one [1] person may serve both as a court reporter and clerk for a judge or judges whose regular courtroom is located outside the courthouse or its environs; and a court reporter may serve more than one [1] judge. Appointment shall be made by the judge or judges affected and, if they cannot agree, by the circuit court judge.
(C) Pay and duties of court reporters. It shall be the duty of each court reporter whenever required by the judge, to be promptly present in court, and take down in shorthand or by other means the oral evidence given in all causes, including both questions and answers, and to note all rulings of the judge in respect to the admission and rejection of evidence and the objections and exceptions thereto, and write out the instructions of the court in jury trials. The court reporter, when so directed, shall record the proceedings and make a transcript as provided in subdivision (A) of this rule. Reporters shall be paid as provided by 1965 Indiana Acts, ch. 289 1, but the circuit court judge with the approval of the judge or judges affected may allow the reporter additional pay up to $125 per month for serving more than one [1] judge or function, or serving as both clerk and reporter.
(D) Statutes applicable to reporters and preparation of transcripts. Except as provided otherwise by these rules, the provisions of 1899 Indiana Acts, ch. 169, §§ 2-7, 2 1939 Indiana Acts, ch. 11, § 1, 3 1935 Indiana Acts, ch. 218, § 1, 4 1893 Indiana Acts, ch. 33, § 1, 5 and 1947 Indiana Acts, ch. 89, § 1, 6 relating to court reporters and preparation of transcripts, shall apply to court reporters provided by these rules.
(E) Stenographic report or transcript as evidence. Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible on appeal or in evidence at a later trial, proceeding, or administrative hearing, it may be proved by the transcript thereof duly certified by the person who reported the testimony.

Ind. R. Civ. P. 74