ORAP 3.33

(1) On being served with a copy of a notice of appeal, the transcript coordinator shall

examine the notice of appeal and determine:

(a) Whether the party has designated a record of oral proceedings as part of

the record on appeal;

(b) Whether preparation of a transcript of the designated proceedings is

required by law or these rules;

(c) Whether the proceedings were reported by a court reporter or recorded by

audio or video recording equipment, or both; and

(d) Whether the party has designated an audio or video recording played in

the court as part of the record on appeal and, if so, whether the party has requested

preparation of a transcript of the recording.

(2) (a) When a party has designated as part of the record on appeal a transcript of

oral proceedings reported by:

(i) A court reporter, the transcript coordinator shall forward a copy of

the notice of appeal to the court reporter or reporters who reported the

proceedings designated as part of the record on appeal and inform the reporter(s)

of the due date of the transcript.

(ii) Audio or video recording, the transcript coordinator shall identify

one or more qualified transcribers, forward a copy of the notice of appeal to the

transcriber(s) along with a certified copy of the audio or video tape recording, and

inform the transcriber(s) of the due date of the transcript.

(b) Except as provided in paragraph (c) of this subsection, the party shall

make financial arrangements with the court reporter(s) or transcriber(s) for preparation of

the transcript.

(c) When the appellant is eligible for court-appointed counsel on appeal,

authorization for the preparation of the transcript at state expense is governed by the

policies and procedures of the Office of Public Defense Services.[fn 1]

(d) If the transcript coordinator has not forwarded the notice of appeal to the

court reporter(s) or has not forwarded the notice of appeal and a certified copy of the

audio or video tape recording to a transcriber before the transcript due date, the transcript

coordinator shall notify the appellate court of that fact.

(3) After making arrangements with the court reporter(s) or transcriber(s) as provided

in subsection (2) of this rule, the transcript coordinator shall notify the appellate court and the

parties to the appeal of the name, address, telephone number, and email address of each court

reporter or transcriber, or both, as appropriate, who will be preparing all or a part of the

transcript.

(4) It shall be the responsibility of each court reporter or transcriber with whom

arrangements have been made to prepare a transcript to:

(a) Cause the transcript to be prepared in conformity with ORAP 3.35.

(b) Include in the transcript a transcript of any audio or video recording

played in the trial court, if the designation of record in a notice of appeal requests a

transcript of the recording.

(i) If the court reporter who reported a proceeding did not make a

verbatim record of the audio part of any recording played in the proceeding or if

the recording is not audible from the audio or video record provided the transcript

coordinator, the court reporter or transcriber must request the transcript

coordinator to provide a copy of the recording in an appropriate format. Upon

receipt of the court reporter's or transcriber's request, the transcript coordinator

must request, and the party that offered the audio or video recording as evidence

must provide, a copy of the recording in an appropriate format. "Appropriate

format" means a format that a reasonable transcriber using equipment customary

in the industry can use to prepare a transcript of the recording.

(ii) If the party offering the recording as evidence is unable to make a

copy of the recording in an appropriate format, with the consent of the adverse

party, the party offering the recording may prepare a transcript of the recording in

the format required by ORAP 3.35. The adverse party must not unreasonably

withhold consent.

(c) Serve a copy of the transcript on each party required by ORS 19.370 and

file with the Administrator and serve on each party, the trial court administrator, and the

transcript coordinator a certificate of preparation and service of transcript[fn 2] within the time

provided in ORS 19.370. The certificate of preparation and service of the transcript must

list the dates of all proceedings transcribed, the volume numbers of the transcript(s), and

the page numbers specific to each transcript. In a criminal case, the state's copy of the

transcript shall be served on the Attorney General.[fn 3] If the transcript is not served and the

certificate is not served and filed within that time, the court reporter or transcriber shall

move for an extension of time.

(d) Upon notice from the Administrator of the settlement of the transcript, file

with the Administrator an electronic version of the transcript in the form required by

ORAP 3.35(2) and, at the same time, file with the Administrator and serve on each party

a certificate of filing of transcript.[fn 4] The certificate of filing must list the dates of all

proceedings transcribed, the volume numbers of the transcript(s), and the page numbers

specific to each transcript, and must be a separate document not included as part of the

electronic version of the transcript. Filing an electronic version of the transcript with the

Administrator is in lieu of filing a paper transcript and shall be in the form provided in

ORAP 3.35(2).

(5) (a) The court reporter or transcriber shall serve the appellant and the

respondent each with a copy of the transcript as follows:

(i) If a party is represented by an attorney, unless the attorney has

made other arrangements with the court reporter or transcriber, the court reporter

or transcriber shall serve the transcript in electronic form on the attorney at the

email address identified in the notice of appeal as required by ORAP 2.05(5). If a

party is not represented by an attorney, unless the party has made other

arrangements with the court reporter or transcriber, the court reporter or

transcriber shall serve a paper copy of the transcript on the party. In addition to or

in lieu of service by email or by paper copy, an attorney or party may make

arrangements with the court reporter or transcriber to provide a copy of the

transcript to that attorney or party on an optical disk or USB drive, or in other

comparable medium.

(ii) If two or more respondents not represented by attorneys must be

served by paper copy as provided in clause (5)(a)(i) of this rule, the court reporter

or transcriber shall provide one copy of the transcript to the trial court

administrator for use by all such respondents. The copy of the transcript provided

to the trial court administrator under this clause shall be in the medium (e.g.,

paper or optical disk) requested by the trial court.

(b) If a party or attorney negotiates with a court reporter or transcriber to

provide the transcript in a medium, other than paper or email, provided by the court

reporter or transcriber, the court reporter or transcriber may request payment of no more

than $5.00 per optical disk, USB drive, or other comparable medium.

(c) A party may specify in the party's designation of record or other request

for preparation of a transcript on appeal that the version of the transcript to be provided to

that party be prepared by reducing the pages of the transcript in such a manner as to fit up

to four pages of transcript onto a single 8-1/2 x 11 inch page or in the one page of

transcript per one standard page format. If a party not responsible for arranging for

preparation of a transcript is served with a transcript containing four reduced pages of

transcript on one standard page, that party may arrange with the court reporter or

transcriber, at the party's own expense, for preparation of a transcript in the one page of

transcript per one standard page format.[fn 5]

(6) The court reporter or transcriber may not charge for preparing more than one

original transcript and may charge only at the rate for copying a transcript for any additional

transcript that may be needed for an appeal or appeals:

(a) When two or more cases are heard simultaneously in the circuit court from

which one or more appeals are taken, either as consolidated cases or otherwise; or

(b) When two or more cases not heard simultaneously in the circuit court are

consolidated on appeal before the transcripts are prepared.