Rule 904 Digital Recording and Transcript Procedures

(a) Digital Recording of Proceedings. All chancery court proceedings, whether conducted in person, remotely, or in a hybrid format, shall be recorded by a digital recording system designated by the chancery court.

(b) Live Reporting by Certified Court Reporters.

(1) Court-Arranged Live Reporting. The chancery court may arrange live reporting by requesting the assistance of an official district court reporter, if one is available, or contracting with a private certified court reporter. The court shall give notice of its intent to arrange a court reporter in its order setting the proceeding or in another written notice. The notice shall include the reporter’s name, contact information, and instructions for purchasing a transcript.

(2) Party-Arranged Live Reporting. Any party may arrange live reporting by contracting with a private certified court reporter. The arranging party shall file a “Notice of Live Court Reporting” no later than three days before the hearing date, or as soon as practicable if the proceeding is set with less than three days’ notice. The notice shall include the reporter’s name, contact information, and instructions for purchasing a transcript. The party that filed the notice is solely responsible for any costs incurred for the private reporter’s appearance, unless the parties agree in writing to share such costs.

(c) Transcript from Digital Recording.

(1) Court-Arranged Transcription. If a proceeding was not live-reported, the chancery court may arrange for a certified transcript to be prepared from the digital recording by either requesting the assistance of an official district court reporter, if one is available, or contracting with a private certified court reporter. The court shall notify the parties of the arrangement by the day after confirming that a reporter will prepare the transcript.

(2) Party-Arranged Transcription. If a proceeding was not live-reported, any party may arrange for a certified transcript to be prepared from the digital recording by a private court reporter. In such cases, the arranging party shall eFile notice of the arrangement by the day after confirming that a reporter will prepare the transcript, pay the transcription costs, and eFile the transcript with the court as provided below. If a certified transcript of the same proceeding already exists, the arranging party shall use that transcript rather than arranging a new one, unless the court orders otherwise.

(d) eFiling of Transcript.

(1) Any transcript prepared by a certified court reporter, whether from live reporting or a digital recording, shall be eFiled using the electronic filing system’s “file only” function and designated “In Camera” to ensure access by chambers and to prevent access by parties or the public without purchase. The filing party shall also eFile with the court and eServe on all parties a “Notice of Filing Transcript” that includes the reporter’s contact information and purchase instructions.

(2) If the court arranged for the transcript, the reporter shall deliver it to the clerk of court, who shall eFile it as provided above.

(3) If a party arranged for the transcript, the reporter shall deliver the transcript to the arranging party, who shall eFile it as provided above.

(4) Notwithstanding its “In Camera” designation, copies of any nonconfidential or appropriately redacted transcript may be purchased from the reporter and shall be available for public viewing at courthouse terminals.

(e) Official Record.

(1) A certified transcript produced by live reporting or from a digital recording by an official district court reporter or a contracted private court reporter shall constitute the official court record of the proceeding and must be submitted to the court as outlined above. If more than one court reporter transcribes the same proceeding, the transcript prepared by the reporter first identified in a notice or in the court’s order setting the proceeding shall constitute the official record. Other transcripts may be prepared and purchased, but they shall not be deemed the official court record absent a court order to the contrary.

(2) In the absence of a certified transcript, the digital audio recording shall constitute the official record in chancery court and may be cited by reference to the precise minute and second, or a specified time range, at which the relevant portion of the proceeding occurs.

(3) Notwithstanding subsection (e)(2), digital recordings shall not be transmitted in lieu of a certified transcript in any appeal to the Wyoming Supreme Court. Any digital recording of a proceeding included in the record on appeal must be transcribed and certified by a court reporter. That transcript shall be designated, filed, and transmitted in accordance with the Wyoming Rules of Appellate Procedure. For purposes of those appellate rules, the official district court reporter or contracted private court reporter engaged under these rules shall be deemed the “official court reporter” for chancery court. The party designating a proceeding for inclusion in the record on appeal shall arrange and pay for the certified transcription of that proceeding if it has not already been produced.

(f) Access and Fees.

(1) Digital recordings of proceedings shall be made available to parties at rates established by statute or chancery court rules and by means as the chancery court may establish.

(2) Transcripts prepared by an official district court reporter shall be available for purchase by any party at rates set forth by statute and the Uniform Rules for District Courts.

(3) Appearance fees for contracted private court reporters shall be set by agreement between the reporter and the arranging party. Copies of transcripts prepared by a private reporter shall be available to parties at rates set by agreement between the reporter and the requesting party.