Rule 47 Recording of Probate Proceedings

(a) When required. A recording shall be made of the proceedings in all cases except:

(1) The finalization of an adoption;

(2) An uncontested name change proceeding;

(3) An uncontested vital records request.

(b) When ordered. The court may require that a recording be made of any proceeding listed in subdivision (a) on the request of a party or on the court’s own motion. The method of recording shall be specified in the order of the court.

(c) When authorized. The court may authorize a party to make a recording of evidence or events occurring within the court. The court may specify the manner of recording and may impose reasonable requirements to enable other parties to have access to the record. Unless otherwise ordered by the court, a transcription of a record created under this subdivision shall not be considered to be a transcript of evidence or proceedings for purposes of any statute or rule governing evidence or appellate procedure.

(d) Method of recording. When a record is required or is ordered by the court, the recording shall be made with electronic sound recording equipment, unless another method is specified by these rules.

(e) Custody; transcription. An electronic recording made under the provisions of subdivisions (a) or (b) shall be kept by the register. Requests for a transcript shall be made directly to a Court-approved transcription service either through the service’s website or using a form supplied by the courts. Before the transcription begins, the ordering party must pay the transcription service a deposit, not to exceed the amount allowed by the Court Administrator’s contract with the transcription service. Any balance is due upon completion of the transcripts. When requested solely by the court, the transcript shall be prepared at the expense of the state. The electronic recording and transcript of a confidential proceeding shall be confidential.