Ind. Marion Cnty. Admin. Local Rule LR49-AR15-307

Application of Rule. All courts of record in Marion County, Indiana hereby adopt the following

local rule by which all Court Reporter services shall be governed.

A. Definitions. The following definitions shall apply under this local rule:

1. A Court Reporter is a person who is specifically designated by a court to perform

the official court reporting services for the court including preparing a transcript of

the record.

2. Equipment means all physical items owned by the Court or other governmental entity

and used by a Court Reporter in performing court-reporting services. Equipment

shall include, but not be limited to, telephones, computer hardware, software

programs, disks, tapes, and any other device used for recording and storing, and

transcribing electronic data.

3. Work Space means that portion of the Court's facilities dedicated to each Court

Reporter, including but not limited to actual space in the courtroom and any

designated office space.

4. Page means the page unit of transcript, which results when a recording is transcribed

in the form required by Indiana Rule of Appellate Procedure 28A. A page does not

include an Exhibit Page.

5. Recording means the electronic, mechanical, stenographic or other recording made as

required by Indiana Rule of Trial Procedure 74.

6. Regular hours worked means those hours which the Court is regularly scheduled to

work during any given work week. Depending on the particular Court, these hours

may vary from Court to Court within the county but remain the same for each work

week.

7. Gap hours worked means those hours worked that are in excess of the regular hours

worked but are hours not in excess of forty (40) hours per work week.

8. Overtime hours worked means those hours worked in excess of forty (40) hours per

workweek.

9. Compensatory Time means that time off to which an employee may be entitled by

reason of the employee having worked gap hours and/or overtime hours as defined

herein, and for which an employee would otherwise be entitled to receive regular pay

and/ or overtime pay. An employee’s compensatory time off for gap hours worked

shall be computed at an hour for hour basis. Compensatory time off for overtime

hours worked shall be computed at a rate of one and one half compensatory time for

each hour of overtime hours accrued. An employee shall receive compensatory time

off for gap hours and/or overtime hours in lieu of gap and/or overtime pay.

10. Work week means a seven (7) consecutive day week that consistently begins and ends

on the same days throughout the year; i.e. Sunday through Saturday, Wednesday

through Tuesday, Friday through Thursday.

11. Court means the particular court for which the court reporter performs services. In

Marion County, pursuant to LR49-AR00 Rule 301, the Courts are broadly grouped

into divisions. The divisions are as follows: Civil Division, Criminal Division, and

Family Division.

12. County indigent transcript means a transcript that is paid for from county funds and is

for the use on behalf of a litigant who has been declared indigent by a court.

13. State indigent transcript means a transcript that is paid for from state funds and is for

the use on behalf of a litigant who has been declared indigent by a court.

14. Private transcript means a transcript, including but not limited to a deposition

transcript that is paid for by a private party.

15. Expedited Transcript means a transcript that is to be completed within seven (7) days

of the request for the transcript.

16. Schedule of Transcript Supplies means those supplies and or services necessary for

the binding of the transcript and exhibit binders pursuant to Appellate Rules 28 and

29. Transcript supplies shall include, but not be limited to CD ROM disks, software

disks, tabs and binders.

17. Minimum Transcript Fee means the minimum fee charged for the preparation of a

transcript or any portion thereof.

18. Exhibit Page means all documentary, non-documentary and oversized exhibits and

includes an index of exhibits pursuant to Appellate Rule 29.

19. Court Reporter Agreement means a contractual agreement between Marion County

Circuit and Superior Courts, by and through its Executive Committee and Supervising

Judge with the Court Reporter outlining and defining the reporter’s terms of

employment.

20. Government transcript is a transcript requested by an agent of the county or state on

behalf of an indigent party, or by a prosecutor.

21. Indigent transcript means any transcript the Court has ordered to be prepared at no

cost. (See also Appellate Rule 40.)

B. The Court Reporter shall type all transcripts outside of regular work hours and receive

payment via the Court’s approved transcript ordering site by the ordering party for all

transcripts completed at the per page rate, with the exception of those transcripts prepared

pursuant to paragraph B(9) below. Work on transcripts shall be considered and treated as

private practice, except the Court Reporter shall advise the Judge when they receive a

transcript request.

A Court Reporter Agreement shall be entered addressing the following topics and any

other terms of employment:

1. Court Reporters shall be paid an annual salary for time spent working under the

control, direction, and direct supervision of the Court during any regular work hours, gap

hours, or overtime hours.

2. The annual salary paid to the court reporter shall be based upon 37.5 working hours per

week.

3. The amount of the annual salary shall be set by the Marion Superior Court salary

classification schedule.

4. Court Reporters shall not type any transcripts during regular work hours, except for

indigent transcripts. The Court Reporter will receive payment directly from the ordering

party for transcripts, except for indigent transcripts, pursuant to the per page fee schedule.

5. A Court Reporter shall be entitled to additional compensation beyond regular salary if

the court reporter works beyond the regular work hours of the court, but not for preparing

transcripts, except for indigent transcripts. Additional work shall be compensated under

one of the two options set forth as follows:

(a) Gap hours shall be paid in the amount equal to the hourly rate of the annual

salary and overtime hours shall be paid in the amount of one and one-half (1 ½) times the

hourly rate of the annual salary OR

(b) Compensatory time off from regular work hours shall be given in the amount

equal to the number of gap hours worked; and compensatory time off from regular work

hours shall be given in the amount of one and one-half (1 ½) times the number of

overtime hours worked.

6. The Marion Circuit Court through its Circuit Court Judge and the Marion Superior

Court, by and through its Executive Committee and the Supervising Judge shall

determine which of the preceding two (2) options listed in paragraph 5 shall be

utilized.

7. If a Court Reporter elects to engage in private practice through recording a deposition

and/or preparing a deposition transcript, such private practice shall be conducted

outside of regular working hours.

8. If a Court Reporter elects to engage in private practice through recording a deposition

and/or preparing of a deposition transcript, then the Court may agree to the use of

court equipment for such purposes. The Court Reporter Agreement must, at a

minimum designate the following:

(a) the reasonable market rate for the use of equipment, work space and supplies;

(b) the method by which records are to be kept for the use of equipment, work space

and supplies;

(c) the method by which the court reporter is to reimburse the court for the use of the

equipment, work space and supplies.

9. A Court Reporter shall prepare all indigent transcripts, as ordered by the Court,

during regular working hours. There shall be no per page charge to the Court for

preparation of indigent transcripts.

C. Per Page Fees: For preparation of a transcript of any proceeding in the Marion Circuit and

Superior courts, the following fees shall be charged to the requester:

1. For the preparation of a county indigent transcript --- Three Dollars ($3.00).

For the preparation of a county indigent transcript --- Three Dollars and Fifty Cents

($3.50). Effective January 1, 2020.

For the preparation of a county indigent transcript --- Four Dollars ($4.00). Effective

January 1, 2021

For the preparation of a county indigent transcript --- Four Dollars and Fifty Cents

($4.50). Effective January 1, 2022.

2. For the preparation of a state indigent transcript --- Three Dollars and Fifty Cents

($3.50).

For the preparation of a state indigent transcript --- Four Dollars ($4.00). Effective

January 1, 2020.

For the preparation of a state indigent transcript --- Four Dollars and Fifty Cents

($4.50). Effective January 1, 2021.

3. For the preparation of a transcript for the County Prosecuting Attorney --- Four

Dollars ($4.00).

For the preparation of a transcript for the County Prosecuting Attorney transcript ---

Four Dollars and Fifty Cents ($4.50). Effective January 1, 2020

4. For the preparation of a private transcript --- Four Dollars and Fifty Cents ($4.50).

5. For all expedited transcripts, (those to be completed within seven (7) days of the date

of the request) --- Five Dollars and Fifty Cents ($5.50).

6. For the preparation of all daily transcripts, (those to be completed within 24 hours of

the request) --- Eight Dollars ($8.00). A Court Reporter may charge a minimum

transcript fee of Fifty Dollars ($50.00).

7. The Court Reporter’s time spent assembling the transcript and exhibit binders shall be

set forth and charged at the Court Reporter’s regular hourly rate based upon the court

reporter’s annual compensation.

8. The maximum fee for copies of any transcript shall be One Dollar ($1.00) per page.

9. The maximum fee for preparing a compact disc recording of a proceeding is one

dollar ($1.00), which should be paid to the Court.

10. The transcript supplies used in the preparation and assembly of the transcript and

exhibit binders shall be itemized and charged in accordance with the fee schedule set out

in the Schedule of Transcript Supplies and Fees on file in the Court Administrator’s

office.

11. Each Court Reporter shall, on an annual basis, file a written report with the Indiana

Supreme Court, Office of State Court Administration disclosing all transcript fees

received by the Court Reporter for the preparation of County indigent, State indigent or

private transcripts. The report shall be made on forms prescribed by the Division of State

Court Administration and timely filed with that office.

Amended effective March 26, 2021