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6/21/2017
1
Court Reporter RoundtableJuly 12, 2017
Kyle GillaspieChief Staff Attorney, Court of Appeals of Indiana
Amy PrattCourt Administrator, Marshall Superior Court 2
Pop Quiz!
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Transcript Formatting
Transcript Formatting
If the transcript is not e‐filed, it should be saved on a:
CD
DVD; or
Flash Drive
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Transcript Formatting
What file format should the transcript be submitted in?
PDF or PDF/A
Transcript Formatting
True or False: Each volume of the Transcript, including the Table of Contents and Exhibits, should be submitted as a separate file.
True
The Table of Contents must be in its own separate volume.
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Transcript Formatting
True or False: Each volume of the transcript should be numbered.
True
The Table of Contents should always be the first volume.
Transcript Formatting
Each volume of the Transcript must have what?
A cover page.
The cover page is now called the front page.
The cover page should always be page one.
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Transcript Formatting
Each volume of the Transcript may contain a total of how many pages?
250 pages or 20 megabytes of data.
Exhibits
True or False: Exhibits must be submitted in electronic format.
False.
Documentary exhibits may be submitted in electronic or paper format.
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Court Reporter’s Certificate
Court Reporter’s Certificate
The Court Reporter’s Certificate must be what?
Signed.
Every transcript must have a court reporter’s certificate.
Person who prepares transcript signs the certificate.
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Strategies for Dealing with the 45 Day Deadline
Payment for the Transcript
Payment arrangements for the Transcript must be made within 10 days of the filing of the Notice of Appeal.
If payment arrangements are not made, let the Court of Appeals know immediately.
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Payment for the Transcript
The Court of Appeals will order the party to make payment arrangements.
If the party does not pay, the appeal will be dismissed.
Motions for Extension of Time
May be requested pursuant to Appellate Rule 11(C).
Disfavored in certain cases.
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Farming it Out
Court Reporter may engage the services of outside transcribers to assist in the transcription.
Court Reporter remains responsible for preparation of documentary exhibits.
Check with your judge before farming it out.
Confidentiality: Exhibits
Problem: A party enters an exhibit into evidence that contains confidential information.
What does the attorney need to do to protect the confidential information?
What happens if the attorney does not comply with the confidentiality rules?
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Notice of Exclusion from Public Access
A standalone document.
Identifies the confidential information.
States the specific grounds for why the information should be excluded from public access.
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Public Access Version
Document on white paper.
Confidential information omitted or redacted.
Insert placeholder page for each page omitted.
Non‐Public Access Version
If confidential information is not necessary to the disposition of the case, then only the public access version is required.
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Non‐Public Access Version
But, if confidential information is necessary to the disposition of the case, then attorney must file non‐public access version.
Non‐Public Access Version
First page labelled “Confidential”.
Complete replication of public access version.
But includes the omitted or redacted confidential information.
Green paper unless it is e‐filed.
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What Happens When the Attorney Does it Wrong
Court Reporter does not need to do anything special with exhibit.
Confidential information remains accessible to the public.
Confidentiality: Transcripts
Problem: During a trial or a hearing, a witness makes a statement that contains confidential information. Counsel provides notice to the Court Reporter that the statement contains confidential information and states the specific grounds for why the statement should be excluded from public access.
Has the party complied with the confidentiality rules?
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Confidentiality: Transcripts
Yes, the party has complied with the confidentiality rules.
The party must give the Court Reporter notice that the statement contains confidential information.
The party must state the specific grounds for why the information should be excluded from public access.
Confidentiality: Transcripts
If the party does not comply with the confidentiality rules:
Court Reporter does not need to take any special action with regard to the testimony.
The confidential testimony remains accessible to the public.
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Confidentiality: Filing documents with the Appellate Courts
Problem: A case from your court has been appealed that contains a confidential exhibit and confidential testimony . The party fully complied with the confidentiality rules when it introduced the confidential information.
What should you do with the confidential information when you file your transcript with the appellate court?
Public Access Version
Document on white paper.
Confidential information omitted or redacted.
Insert placeholder page for each page omitted.
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Non‐Public Access Version
First page labelled “Confidential”.
Complete replication of public access version.
But includes the omitted or redacted confidential information.
Non‐Public Access Version
Green paper unless it is e‐filed.
If e‐filed, pages containing confidential info should be identified with a header, label, or stamp that says “Confidential Per A.R. 9(G)” or “Excluded from Public Access Per A.R. 9(G)”.
Pop Quiz!
1. If the Transcript is not e-filed, it should be saved onto what?
a. CD
b. DVD
c. Flash drive
d. All of the above
ANSWER:
2. What file format should the transcript be submitted in?
a. Word b. Word Perfect
c. PDF
d. MP3
ANSWER:
3. True or False: Each volume of the Transcript, including the Table of Contents and
Exhibits, should be submitted as a separate file.
ANSWER:
4. True or False: Each volume of the Transcript should be numbered.
ANSWER:
5. Each volume of the Transcript must have what?
a. A restroom
b. A fishing license
c. A cover page
d. Tube socks
ANSWER:
6. Each volume of the Transcript may contain a total of how many pages?
a. 500
b. 300
c. 250
d. Infinity
ANSWER:
7. True or False: Exhibits must be submitted in electronic format.
ANSWER:
8. The Court Reporter’s Certificate for the Transcript must be what?
a. Invisible
b. Edible c. Signed
d. Flammable
ANSWER:
A Checklist for Transcripts
1. The transcript is in electronic format (CD, DVD, or flash drive.)
2. Each volume of the transcript is saved as a separate PDF or PDF/A file, including the
Table of Contents and any Exhibit volumes.
3. The Table of Contents is a separate volume (Volume 1), and there are no other contents
in this volume.
4. Each volume of the transcript is numbered, beginning with Volume 1 (the Table of
Contents) followed by Volume 2 (the first of the transcript volumes) and so on.
5. The cover page of each volume of the transcript is page number one (with each new
volume, the page numbering starts over with page number one.)
6. No volume has more than 250 pages or exceeds 20 megabytes of data.
7. The transcript has a signed Court Reporter’s Certificate.
Pop Quiz!
1. If the Transcript is not e-filed, it should be saved onto what?
a. CD
b. DVD
c. Flash drive
d. All of the above
ANSWER:
2. What file format should the transcript be submitted in?
a. Word b. Word Perfect
c. PDF
d. MP3
ANSWER:
3. True or False: Each volume of the Transcript, including the Table of Contents and
Exhibits, should be submitted as a separate file.
ANSWER:
4. True or False: Each volume of the Transcript should be numbered.
ANSWER:
5. Each volume of the Transcript must have what?
a. A restroom
b. A fishing license
c. A cover page
d. Tube socks
ANSWER:
6. Each volume of the Transcript may contain a total of how many pages?
a. 500
b. 300
c. 250
d. Infinity
ANSWER:
7. True or False: Exhibits must be submitted in electronic format.
ANSWER:
8. The Court Reporter’s Certificate for the Transcript must be what?
a. Invisible
b. Edible c. Signed
d. Flammable
ANSWER:
