D.C. Super. Ct. Crim. R. 36-I

(a) All Proceedings Recorded. All proceedings must be recorded by a court reporter or

by a suitable recording device.

(b) Ordering Transcripts.

(1) Any person who has made suitable arrangements to pay the appropriate fee is

entitled to obtain a transcript of all or any part of any recorded proceedings in open

court.

(2) In a case tried to a jury, any party to the proceedings who has made suitable

arrangements to pay the fee specified, or any judge of the District of Columbia Court of

Appeals or any judge or magistrate judge, is entitled to obtain a transcript of any part of

the recorded proceedings, whether or not held in open court.

(3) In a case tried to a jury, prior to rendition of a verdict or discharge of the jury, any

person other than a party to the proceedings must apply to the judge presiding over the

trial for permission to obtain a transcript of any part of the recorded proceedings not

held in open court. In determining whether such an application should be granted in

whole or in part, the judge must consider the parties' right to a fair trial and the public's

interest in a free press. The judge may condition the granting of such application upon

such terms as may be appropriate, may sequester the jury, or may take such other

approved procedures as seem necessary to insure a fair trial in the case.

(4) As used in this rule, ‘‘proceedings in open court’’ means:

(A) all recorded judicial proceedings in a non-jury case; or

(B) in a case tried by a jury, all recorded judicial proceedings except pretrial

hearings on the admissibility of evidence, discussions in chambers, bench conferences

or other recorded proceedings in which the jury does not participate. After rendition of a

verdict or discharge of the jury, however, all recorded proceedings of a case tried to a

jury will be treated as proceedings in open court.

(c) Endorsement on Transcript. Each transcript obtained in accordance with this rule

must bear the following endorsement upon its cover page: "This transcript represents

the product of an official reporter, engaged by the court, who has personally certified

that it represents the testimony and proceedings of the case as recorded."

(d) Transcript on Appeal. Upon the completion of any transcript in a matter to be

brought before the appellate court, the reporter or transcriber must notify the trial court

and counsel that the transcript has been completed and will be forwarded to the Court

of Appeals 5 days hence. The notice must inform counsel that any objections to the

transcript must be presented to the trial court and served on opposing counsel within

the 5 day period in the manner prescribed in Superior Court Rule of Civil Procedure 5.

The court will make known to the parties any objections which it raises sua sponte and

will give the parties an opportunity to make representations to the court before the

objections are resolved. All objections must be resolved by the trial court on the basis of

the best available evidence as to what actually occurred in the proceedings.

(e) Security of Original Transcript. In any case in which a transcript is ordered by any

person, the reporter or transcriber must deliver to the person a copy or copies of any

transcript prepared. The original transcript, bearing the required certificate, must be filed

by the reporter or transcriber with the clerk of the court and may not be changed in any

respect except pursuant to rule of court.

(f) Private Reporters. Except as provided in Rule 36-I(g), only a court reporter who is a

court employee, or who is under contract to the court to provide reporting services, is

permitted to record proceedings held before a judge or magistrate judge.

(g) Restriction on the Use of Electronic Recording Devices. No electronic recording

equipment, other than that in the custody and control of official court reporters or court

personnel in the performance of their official duties, may be used to record proceedings

held before a judge or magistrate judge.