Rule 36.19 Digital Recording of Court Proceedings

(A) Application of Rule. This rule for digital recording shall apply to all superior court proceedings for which the use of a digital recording system is authorized pursuant to OCGA §§ 5-6-41, 9-14-50, and 15-14-1. This rule does not apply to depositions, the takedown of which is governed by OCGA § 9-11-30 (b) (4).

(B) Operation of Digital Recording Systems.

(1) Digital Monitors. The term "digital monitor," as used in this rule, refers to the individual who operates a digital recording system. To serve as a digital monitor, an individual must:

(a) be at least 18 years of age,

(b) be a high school graduate (or equivalent), and

(c) have undergone training approved by the chief judge of the circuit to provide the skills necessary for effective and reliable operation of the digital recording system.

A digital monitor shall use his or her best efforts to accurately and reliably record the proceedings and monitor the effectiveness of the digital recording system to the end that the digital recording may be used by a certified court reporter to create an accurate transcript of the proceedings.

(2) Storage. The digital monitor is responsible for producing digital recordings of court proceedings using a digital recording system. These digital recordings shall be the property of the court in which they are created. The court, through the clerk of court, court administrator, or other designee, shall retain the digital recordings in accordance with the Official Judicial Branch Court Records Retention Schedules.

(3) Transcription. If a party seeks a transcript of a proceeding that has been recorded by a digital recording system as contemplated by this rule, the party shall request that the court send a copy of the digital recording to a certified court reporter who is authorized by the Board of Court Reporting to create transcripts. That certified court reporter shall be authorized to prepare and certify the transcript to the same extent that he or she is currently permitted to prepare and certify transcripts for proceedings that he or she attended and took down through any means authorized by the Board. The form and style of the transcript shall comply with all applicable rules and regulations. The transcript shall not be created by the digital monitor unless the digital monitor is also a certified court reporter. Any transcript made from a digital recording of a proceeding for which the certified court reporter was not present shall bear a statement as such:

"I, [Name], Certified Court Reporter, do hereby certify that the foregoing transcript was generated from a digital recording made outside my presence after a review of the recording, as well as any related materials, and that it is true and correct to the best of my ability. I have noted any possible inaccuracies or limitations inherent in the digital recording."

(C) Technical Requirements of Digital Recording Systems. Each circuit that implements a digital recording system shall determine which recording system(s) it will use, subject to the following minimum requirements:

1. Each system shall record the audio of a court's proceedings and store the recording in a digital format.

2. Each system shall support multiple channel recording.

3. Each system shall allow the creation of digital backups.

4. Each system must be able to access a digital recording using rewind, fast forward, search by timestamp, and other direct access methods to enable a system operator to quickly find passages of interest.

5. Each system must continuously monitor all microphones.

6. Each system must continuously monitor the storage medium and provide at least visual indication to the operator that the signal is being recorded.

7. Each system shall include microphones on counsel tables that are individually mutable by the user.

(D) Local Protocols. Each circuit that chooses to utilize a digital recording system shall establish its own internal written policies for managing the digital takedown process.