A. RECORDING DEVICES
In accordance with Sup.R. 11, proceedings before each area court and discovery proceedings may be recorded by audio electronic recording devices. Audio electronic recording devices include systems for recording sound on magnetic tape or magnetic disc.
B. APPEAL
Transcripts of proceedings in electronic media shall be prepared in accordance with Rule 9(A) of the Rules of Appellate Procedure.
C. CUSTODY
Electronically recorded transcripts of proceedings shall be maintained and transcribed in the manner directed by the trial court.
D. INSPECTION OF ELECTRONICALLY RECORDED TRANSCRIPTS OF PROCEEDINGS
A party may request a copy of an electronically recorded transcript of proceedings, or a portion of the transcript. The court may permit a party to hear the transcript of proceedings on file with the court. Audible playbacks of the recording of a proceeding require the same notification of the parties to the action as written transcript requests (see subsection G. of this rule).
E. REFERENCE TO ELECTRONICALLY RECORDED TRANSCRIPTS OF PROCEEDINGS
In a brief submitted to the court, reference to a particular portion of an electronically recorded transcript of proceedings shall be to the event, the number of the cassette tape of disc on which it was recorded, and the elapsed time counter reading. For example: Testimony of Dr. Doug Ross, tape 3, 173 to 195.
F. EXPENSE OF ELECTRONICALLY RECORDED TRANSCRIPTS OF PROCEEDINGS
The expense of recording the proceedings electronically is billed as costs in the action. The expense of copies of electronically recorded transcripts of proceedings, or such portions as are considered necessary by a party, shall be borne by the requesting party or as provided by law. The expense of hearing an electronically recorded transcript of proceedings under division (D) of this rule shall be borne by the requesting party, unless that party is a prosecuting attorney. The cost of hearing an electronically recorded transcript by the prosecuting attorney will be at public expense through the prosecuting attorney’s budget.
G. WRITTEN TRANSCRIPTS
Any party to a civil or criminal action may request a written transcript of the proceedings. A person or persons not a party to a proceeding may not request a transcript unless all parties to a civil case, and the defendant in a criminal case, have been notified by registered mail that transcript has been requested. Alternatively, a person not a party to a proceeding may request a transcript if the requester can furnish the court with written permission granted by all parties or the defendant. The clerk shall retain both the notice and return receipt or the written permission with the case.
The party requesting the transcript must deposit with the court an amount sufficient to cover the estimated cost of preparing the transcript. The amount to be deposited shall be determined by the court. After the transcript is completed, funds in excess of the amount retained will be returned to the requester. If the deposit is not sufficient to cover the cost of preparation of the transcript, the balance must be paid to the clerk before the transcript is released to the requester.
H. COMPENSATION FOR REPORTERS
The trial judge shall determine the compensation to be paid to reporters for making transcripts.
I. INDIGENT CRIMINAL DEFENDANTS
In felony and misdemeanor cases, a transcript will be provided to the defendant at no cost if the defendant is deemed by the court to be indigent. The court shall determine whether or not the defendant is indigent based on an affidavit of indigency filed by the defendant and a report filed by the defendant’s probation officer. The probation officer shall conduct an investigation to determine if the facts stated on the affidavit, in support of the indigence, are true and accurate.