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Rule 15 Transcipt Preparation – No Official Court Reporter Available

TRANSCRIPT PREPARATION –

NO OFFICIAL COURT

REPORTER AVAILABLE

(a) Preparation of transcripts by private court reporter; non-hearing motion. As to any proceeding recorded as provided by court rule, a party for good cause may by non-hearing motion seek court approval to have the transcript prepared by a private court reporter. The motion shall be decided on written submissions, unless otherwise ordered by the court.

The motion shall be submitted on a form that substantially complies with Form 4 in the Appendix of Forms of these Rules and shall contain the following information:

(1) The date of the relevant proceeding, the type of proceeding (e.g., trial, motion, sentencing), the portion of proceedings for which a transcript is being requested (e.g., all or partial), and the name of the presiding judge.

(2) The motion shall be accompanied by a declaration establishing that the private court reporter is qualified to prepare the transcript, disclosing the financial terms for the reporter’s services, and providing the private court reporter’s telephone number, email address, and mailing address.

(3) If the recorded proceeding is confidential, the motion shall state whether the appearing parties have agreed to allow the release of the recorded proceeding to the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall prohibit and restrict the private court reporter from revealing or discussing any information involving the confidential proceeding with any person. If applicable, a copy of the proposed or previously entered protective order shall be attached to the motion.

(4) That the moving party is prepared to pay the court the necessary cost of production to obtain a copy of the audio recording of the court proceeding.

The motion shall be accompanied by a proposed order that substantially conforms to Form 4 in the Appendix of Forms of these Rules.

(5) The motion shall be served on all appearing parties on the date the motion is filed.

Any response to a motion under this rule shall be filed and served no later than six business days after the service date indicated on the certificate of service or no later than eight business days after the service date if the motion is served by mail. Any reply shall be filed and served no later than three business days after the service of the opposition or five business days after the service date if the opposition is mailed.

If the motion is granted, unless the court otherwise directs (1) the transcript shall be certified by the private court reporter as a true and correct transcription of the recorded proceeding, and (2) the transcript fees shall be paid by the requesting party directly to the private court reporter. When authorized by law, the court may direct for the Judiciary to pay for the cost of the requested transcript.

“Good cause” under this rule shall mean the unavailability of an official court reporter in the circuit to complete the transcript of the recorded proceeding in question within the time needed by the requesting party or within the time required by court rule or order.

(b) Per diem court reporter hired by parties. Where an official court reporter is not available, any party may file a motion for a private court reporter to attend a live court session to prepare a transcript of a live proceeding. The court shall also preserve the testimony by way of a recording.

The motion shall be accompanied by a declaration from the private court reporter that establishes the private court reporter is qualified to prepare the live, verbatim transcript. If the proceeding is confidential, the motion shall state whether the parties have agreed to the presence of the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall include that the private court reporter is prohibited and restricted from revealing or discussing any information involving the confidential proceeding with any person. A copy of the proposed protective order shall be attached to the motion.

The parties shall be obligated to pay all expenses related to the attendance of the private court reporter, and the motion shall state whether the filing party, or parties jointly, have agreed to pay the private court reporter directly for all expenses incurred, including whether the final transcript will be filed in the case.

(c) Per diem court reporter hired by court. Where the number of official court reporters is insufficient to meet the temporary demands and needs of the circuit, the chief court administrator of the circuit may request the procurement of additional court reporters for such circuit on a contract basis. The chief court administrator shall notify the Administrative Director of the Courts, in writing, of such determination. The Administrative Director of the Courts is authorized, subject to funding availability, to contract with any suitable person, firm, association, or corporation for the providing of court reporters to serve such circuit under such terms and conditions as the Administrative Director of the Courts finds will best serve the needs of the court.

(d) Administration; Official Transcript Requests. In all courts of the State of Hawaiʻi, where an official court reporter is not available to facilitate the preparation of transcripts of recorded proceedings the court administrator is authorized to contract with private court reporters and transcription providers, such as a transcriber certified by the American Association of Electronic Reporters and Transcribers as an electronic transcriber, or another transcription certification that the Administrative Director of the Courts deems suitable.

(e) Confidential Proceedings. A private court reporter or transcriber utilized under the provisions of this rule shall not provide a transcript of a confidential proceeding to any person without obtaining the court’s written approval, unless the release was previously authorized by court order or is otherwise authorized by law.

(f) Official Record of Proceeding. A transcript prepared in accordance with this Rule that is filed in the case shall be an official record of the transcribed proceeding.

(g) Transcripts Prepared for Record on Appeal. If the transcript is prepared for the record on appeal:

(1) The motion shall be filed in the court from which the appeal is taken.

(2) Notwithstanding the filing of a notice of appeal, the trial court retains jurisdiction to enter an order under this Rule.

(3) The trial court clerk shall file in the appellate record a copy of the trial court order granting the motion.

(4) The private court reporter or transcriber shall comply with Rule 10 of the Hawaiʿi Rules of Appellate Procedure and conventionally file the transcript in the appellate case.

(5) If the transcript is from a confidential proceeding, it shall be filed under seal.