Guide to Judiciary Policy

Guide to Judiciary Policy

Vol. 6: Court Reporting

Ch. 1: Overview

? 110 Purpose ? 120 Authority

? 120.10 Court Reporter Matters Addressed in Volume 6 ? 130 Applicability ? 140 Definitions

? 110 Purpose

This volume provides policy guidance on the use of court reporting and electronic sound recording (ESR) methods in keeping the record in applicable federal court proceedings. It outlines the respective responsibilities of the court reporter and the court. It is the court's responsibility to administer reporting services, consistent with the requirements established by statute and by the Judicial Conference.

? 120 Authority

Under the Court Reporters Act (28 U.S.C. ? 753), every court session and other proceeding designated by rule or court order must be recorded verbatim by a court reporter or by ESR. The Act establishes the federal court reporter's duties and conditions of employment.

? 120.10 Court Reporter Matters Addressed in Volume 6

Chapter

Topic

Related Statutes and Policies

Chapter 2: Court Reporter Personnel and Administrative Matters

Appointment and termination of official court reporters. See: Guide, Vol 6, ? 220.

Human resources matters related to official and contract court reporters. See: Guide, Vol 6, ?? 220, 230, 240, 250.

? 28 U.S.C. ? 753(a), (c) ? JCUS-SEP 1977, p. 55 ? JCUS-MAR 1982, p. 10 ? JCUS-MAR 2012, pp. 23-24

? 28 U.S.C. ? 753(e) ? JCUS-SEP 1945, p. 10 ? JCUS-SEP 1987, p. 63 ? JCUS-SEP 2009, pp. 20-21 ? 41 CFR part 102-74.410

Last revised (Transmittal 06-015) November 9, 2021

Guide to Judiciary Policy, Vol. 6, Ch. 1

Page 2

? 120.10 Court Reporter Matters Addressed in Volume 6

Chapter

Topic

Related Statutes and Policies

Allocation of court reporter authorized work units (AWU) for judges. See: Guide, Vol. 6, ? 280.

? 28 U.S.C. ? 753(a) ? JCUS-MAR 1996, pp. 24-25 ? JCUS-MAR 1999, p. 26 ? JCUS-SEP 2017, p. 18 ? JCUS-MAR 2018, p. 20-21 ? JCUS-SEP 2018, p. 24-25

Managing official and contract court reporters and their duties. See: Guide, Vol. 6, ? 290.

? 28 U.S.C. ? 753(a), (c), (d), (g)

? JCUS-SEP 1944, pp. 14-15 ? JCUS-MAR 1971, p. 28 ? JCUS-MAR 1982, p. 8 ? JCUS-MAR 1987, p. 10 ? JCUS-SEP 1987, p. 63

Chapter 3: Reporting Methods

Electing the method of taking the

? 28 U.S.C. ? 753(b)

record, including stenotype, stenomask, ? JCUS-SEP 1983, p. 48

realtime, or electronic sound recording.

See: Guide, Vol. 6, ? 310.

Realtime reporting technologies. See: Guide, Vol. 6, ? 320.

? JCUS-MAR 1994, p. 16 ? JCUS-SEP 1994, p. 49 ? JCUS-MAR 1996, p. 26 ? JCUS-SEP 1998, p. 42 ? JCUS-SEP 2011, pp. 30-31

Purchase of court reporting equipment. ? 28 U.S.C. ? 753(e) See: Guide, Vol. 6, ? 320.30.

Electronic sound recording (ESR) technologies. See: Guide, Vol. 6, ? 350.

? 28 U.S.C. ? 753(b) ? JCUS-SEP 1983, p. 48 ? JCUS-SEP 1999, pp. 56-57 ? JCUS-MAR 2012, pp. 23-24

Chapter 4: Reporting Activities

Reporting for magistrate judges. See: Guide, Vol. 6, ? 410.

? 28 U.S.C. ? 753 ? 28 U.S.C. ? 636(b)-(c) ? 18 U.S.C. ? 3060(f) ? 18 U.S.C. ? 3401(e) ? 18 U.S.C. ?? 4107(e),

4108(e) ? JCUS-MAR 1980, p. 20 ? JCUS-SEP 1987, p. 63

Guide to Judiciary Policy, Vol. 6, Ch. 1

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? 120.10 Court Reporter Matters Addressed in Volume 6

Chapter

Topic

Related Statutes and Policies

Reporting for bankruptcy judges. See: Guide, Vol. 6, ? 420.

? 28 U.S.C. ? 753(b) ? JCUS-SEP 1983, p. 48 ? JCUS-SEP 1999, p. 57

Reporting for the United States attorney's office. See: Guide, Vol. 6, ? 430.41.

? 28 U.S.C. ? 753 ? JCUS-SEP 1981, p. 97

Reporting for private parties. See: Guide, Vol. 6, ? 430.

? 28 U.S.C. ? 753 ? JCUS-MAR 1983, pp. 11-12

Employing substitute court reporters. See: Guide, Vol. 6, ? 440.

? JCUS-APR 1944, p. 3 ? JCUS-MAR 1975, p. 8 ? JCUS-MAR 1980, pp. 19-20

Procuring contract court reporters. See: Guide, Vol. 6, ? 450.

? 28 U.S.C. ? 753(g) ? JCUS-MAR 1981, p. 24 ? JCUS-MAR 1982, pp. 8, 11 ? JCUS-MAR 1992, p. 27

Chapter 5: Transcripts

Preparing transcripts. See: Guide, Vol. 6, ? 510.

? 28 U.S.C. ? 753(b)

Transcripts requested by a judge. See: Guide, Vol. 6, ? 510.20.

? JCUS-MAR 2009, p. 28

Transcripts on electronic media. See: Guide, Vol. 6, ? 510.25(c).

? JCUS-SEP 1991, p. 65 ? JCUS-SEP 2003, pp. 16-17 ? JCUS-SEP 2007, pp. 11-12 ? JCUS-SEP 2012, p. 26

Transcripts requested by private party. See: Guide, Vol. 6, ? 510.30.

? 28 U.S.C. ? 753(c) ? JCUS-MAR 1982, p. 8

Transcript format. See: Guide, Vol. 6, ? 520.

? JCUS-SEP 1944, Appendix ? JCUS-MAR 1995, p. 22

Guide to Judiciary Policy, Vol. 6, Ch. 1

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? 120.10 Court Reporter Matters Addressed in Volume 6

Chapter

Topic

Related Statutes and Policies

Transcript fees. See: Guide, Vol. 6, ? 530.

? 28 U.S.C. ? 753(f) ? JCUS-OCT 1946, p. 12 ? JCUS-MAR 1980, pp. 17-18 ? JCUS-MAR 1981, pp. 7-8 ? JCUS-MAR 1982, pp. 8-12 ? JCUS-SEP 1983, p. 51 ? JCUS-SEP 1986, p. 90 ? JCUS-SEP 1991, p. 65 ? JCUS-MAR 2009, pp. 28-29 ? JCUS-SEP 2011, pp. 30-31

Transcripts in CJA multi-defendant cases. See: Guide, Vol. 6, ? 550.40.30.

? JCUS-SEP 1987, p. 95

ESR files. See: Guide, Vol. 6, ? 530.85.

? JCUS-SEP 1965, p. 58 ? JCUS-MAR 1966, p. 5 ? JCUS-SEP 1977, p. 64

Transcripts for criminal appeals. See: Guide, Vol. 6, ? 540.50.

? JCUS-OCT 1971, pp. 61-62

Prohibition on copyrights. See: Guide, Vol. 6, ? 560.

? 17 U.S.C. ? 506(c)

? 130 Applicability

(a) This volume applies to the:

? U.S. district courts, including territorial courts (Guam, Northern Mariana Islands, Virgin Islands), and

? U.S. bankruptcy courts.

(b) This volume does not apply to the:

? United States Supreme Court, ? Court of International Trade, ? United States Court of Federal Claims, or ? Courts of appeals of the United States.

Guide to Judiciary Policy, Vol. 6, Ch. 1

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CombinedPosition Court Reporters

Contract Court Reporters

Non-Tour of Duty Court Reporter

Official Court Reporters

Substitute Court Reporters

Temporary Court Reporters

Tour of Duty

? 140 Definitions

Under 28 U.S.C. ? 753(a), the duties of a court reporter may be combined with those of any other employee of the court if the court and the Judicial Conference are of the opinion that it is in the public interest.

Courts are delegated procurement authority from the AO Director to procure services through the standard court reporter contract documents, and consistent with Guide, Vol. 6, ? 450 (Contract Court Reporting).

A non-tour of duty court reporter is considered "on call" every day that the court is in session instead of being assigned a regularly scheduled administrative workweek (see: "Tour of Duty" definition, below).

Official court reporters, sometimes referred to as "staff court reporters," are salaried employees of the district court appointed by the court for an indefinite term pursuant to the authority of the Judicial Conference. Includes temporary and combined-position court reporters.

Substitute reporters are employees of staff court reporters, hired with the court's approval and paid by the employing court reporter. See: Guide, Vol. 6, ? 440 (Substitute Court Reporters).

Temporary reporters are part- or full-time salaried employees of the court appointed by the court for a limited term not exceeding three months.

A tour of duty is the hours of a day (a daily tour of duty) and the days of an administrative workweek (a weekly tour of duty) that constitute an employee's regularly scheduled administrative workweek.

Guide to Judiciary Policy

Vol. 6: Court Reporting

Ch. 2: Court Reporter Personnel and Administrative Matters

? 210 Overview

? 220 Appointment ? 220.10 Equal Employment Opportunity ? 220.20 Advertising Vacancies ? 220.30 Qualifications for Appointment ? 220.40 Appointment Oath of Office and Proceedings Oath for Court Reporters ? 220.50 Probationary Appointments ? 220.60 Reduction and Termination

? 230 Benefits

? 240 Tour of Duty ? 240.10 Leave ? 240.20 Restriction on Private Reporting Activities ? 240.30 Duties of Official Court Reporters on a Regular Tour of Duty

? 250 Salary

? 260 Space, Facilities, and Supplies ? 260.10 Space Guidelines for Official Court Reporters ? 260.20 Space Guidelines for Contract Court Reporters ? 260.25 Prohibition Against Advertising Court Address ? 260.30 Electrical Outlets ? 260.35 Furniture for Official Court Reporters ? 260.40 Telephone Service ? 260.45 Data Communications Network ? 260.50 Supplies, Services, and Other Equipment ? 260.55 Copy Equipment ? 260.60 Antivirus Computer Software

? 270 Travel ? 270.10 Travel Funding ? 270.20 Approval by the Clerk of Court ? 270.30 Travel by Substitute Court Reporters ? 270.40 Travel by Contract Court Reporters ? 270.50 Advance of Funds for Official Court Reporters

? 280 Allocation of Official Court Reporter Authorized Work Units for Judges ? 280.10 Computation of Allocation ? 280.15 Use of Funds Allocated for Court Reporters

Last revised (Transmittal 06-015) November 9, 2021

Guide to Judiciary Policy, Vol. 6, Ch. 2

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? 280.20 District Judge Court Reporter AWU Computation ? 280.30 Senior District Judge Official Court Reporter AWU Computation ? 280.40 Magistrate Judges

? 290 Management of Court Reporters ? 290.10 Types of Court Reporters ? 290.20 Court Reporters' Duties ? 290.30 Court Reporting Management Plan and Court Reporting Supervisor ? 290.40 Records and Reports

? 210 Overview

This chapter provides guidance on personnel matters affecting court reporters, including space and facilities, travel, the annual allocation of authorized work units (AWUs), and management and supervision. For detailed guidance on personnel policies for all judicial employees, including official court reporters, see: Guide, Vol. 12 (Human Resources).

? 220 Appointment

(a) "Each district court of the United States . . . shall appoint one or more court reporters." 28 U.S.C. ? 753(a). See: Guide, Vol. 12, ? 510.30 (Appointing Authority).

(b) An official court reporter is appointed to serve at the pleasure of the court en banc. An official court reporter is required to serve all judges and the selection and retention of reporting staff should be addressed by the court as a whole. JCUS-MAR 1982, p. 10.

? 220.10 Equal Employment Opportunity

The judiciary provides equal employment opportunity (EEO) and promotes and facilitates diversity and inclusion in its workforce. See: Model EEO Plan, Model Employment Dispute Resolution Plan, and Guide, Vol. 12, Ch. 2 (Fair Employment Practices).

? 220.20 Advertising Vacancies

For guidance on how to advertise vacancies, see: HR Manual, Ch. 2, Sec. 5 (Recruitment/Advertising Sources).

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? 220.30 Qualifications for Appointment

For guidance on the authority for court unit employment qualifications requirements and links to qualification standards, see: Guide, Vol. 12, ? 580 (Qualifications).

? 220.30.10 Equivalent Qualifying Examinations

For guidance on qualifications for official court reporter applicants, see: Guide, Vol. 12, ? 580.40.30(a)(3) (Equivalent Qualifying Examinations). For merit and realtime certification, see: Guide, Vol. 12, ? 630.40.10 (Court Reporter Base Pay Levels).

? 220.30.20 Waiver of Qualifications

For guidance on qualification waivers for official court reporter applicants, see: Guide, Vol. 12, ? 580.40.30(b) (Waivers of Court Reporter Qualifications).

? 220.40 Appointment Oath of Office and Proceedings Oath for Court Reporters

(a) For guidance on appointment oaths of office, see: Human Resources Manual, Ch. 10, Sec. 2 (Appointments and Transfers).

(b) In addition to the appointment oath for official court reporters, all other court reporters, including contract reporters, must be administered an oath for recording court proceedings. Sample oath:

I swear that I will faithfully, impartially, and truly report all court proceedings held before the judges of this district.

? 220.50 Probationary Appointments

(a) All initial appointments of official court reporters will be on a probationary basis, the length of which is to be fixed by the employing court. JCUSSEP 1977, p. 56. See: Guide, Vol. 12, ? 510.30 (Appointing Authority).

(b) Each court's Court Reporting Management Plan should state the terms of the probationary period. It is recommended that the probationary period not exceed one year. See: Guide, Vol. 12, ? 510.30(c).

? 220.60 Reduction and Termination

(a) The court is entitled to make changes in the reporting staff at will. All court reporters serve at the pleasure of the court en banc. There is no requirement that a court give preference to a reporter with seniority. In the case of a staff reduction, competence may be a primary consideration in deciding which court reporters are to be retained.

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