§ Rule 76H Electronic Sound Recording

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Rule 76H. Electronic Sound Recording

    (a) Recording of Proceedings. The Chief Justice of the Superior Court and the Chief Judge of the District Court shall provide for the electronic sound recording of proceedings in their respective courts by the use of recording equipment to be procured and installed in such manner as they may direct. They may by administrative order in their discretion direct that all proceedings, or certain proceedings, be recorded routinely without special request or order. Any proceedings not routinely recorded shall be recorded at the request of any party in such proceedings or by order of the presiding justice or judge on the court's own motion. Nothing in this rule shall prevent any party or counsel from recording or transcribing such proceedings independently at the expense of that party or counsel, provided, however,
that no record or transcription therefrom nor any part thereof, made other than under the authority granted to the Chief Justice or Chief Judge by this rule shall be incorporated in or substituted for any portion of a transcript included in a record on appeal without the consent of all parties to the proceedings and the approval of the presiding justice or judge.

    (b) Personnel.

        (1) Operators. The Chief Justice of the Superior Court and Chief Judge of the District Court shall designate as authorized operators of electronic recording equipment a sufficient number of court personnel to assure that an authorized operator will be available whenever and wherever court is in session. It shall be the responsibility of the Chief Justice and Chief Judge to employ and train personnel in the use of electronic equipment.

        (2) Transcribers. The Chief Justice and Chief Judge shall appoint a sufficient number of transcribers of electronic recordings to assure that all transcription of such recordings required under this rule is accomplished without unreasonable delay. All persons appointed as transcribers shall be sworn to the faithful discharge of their duties.

    (c) Courtroom Operation. The Chief Justice of the Superior Court and the Chief Judge of the District Court shall establish standards and procedures for courtroom operation of electronic recording equipment in their respective courts that will assure a complete and accurate oral recording of all proceedings, as well as a written record of all information necessary for an accurate transcription. At all times, the operation of the recording equipment shall be subject to the direction and order of the trial justice or judge, provided that the right of any party to have any proceedings recorded shall not thereby be defeated.

    (d) Transcription.

        (1) In General. The Chief Justice of the Superior Court and the Chief Judge of the District Court shall establish standards and procedures for transcription that will assure the timely production of a neat and accurate transcript of any portion of the recorded proceedings transcribed in accordance with this subdivision. They shall by administrative order provide for the ordering by any person or any person's attorney of a transcript of all or any portion of a proceeding to which such person is a party or is otherwise authorized by law to have access.

        (2) Transcript on Appeal.

    A. Appeals to the Law Court. In an appeal from the Superior Court or the District Court to the Law Court, the transcript of proceedings recorded in accordance with this rule shall be ordered and transmitted as provided in M.R. App. P. 5(b)(2) and 6(c).

    B. Appeals to the Superior Court. In an appeal from the District Court to the Superior Court if the appellant wishes to include all or any portion of the transcript in the record on appeal, the appellant shall file with the notice of appeal a fully completed transcript order form including a brief description of those portions of the transcript which the appellant intends to include. The appellant shall at the same time order such portions in the manner provided by administrative order pursuant to subdivision (1) of this Subdivision. Payment arrangements for transcripts shall be made as provided by M.R. App. 5(b)(2). Immediately upon completion of the transcript, the office designated by administrative order shall transmit the original of it to the clerk of the District Court for filing and inclusion in the record on appeal. The clerk shall serve notice of such filing upon all parties. If the appellant does not file a description of transcript or does not include the entire transcript in their description, the appellee may, within 10 days after service of the notice of appeal, file a description of transcript and proceed as provided in this subdivision. The clerk of the District Court shall not file the record on appeal with the Superior Court until all portions of the transcript ordered in accordance with this subdivision have been filed. The party ordering a portion of the transcript shall pay the cost of that portion unless the court otherwise orders. All matters not essential to the decision of the questions presented by the appeal shall be omitted from the transcript. For the inclusion of nonessential matter, the Superior Court may withhold or impose costs as the circumstances of the case and discouragement of like conduct in the future may require; and costs may be imposed upon offending attorneys or parties.

        (3) Correction of Transcript. If either party claims an error in the transcript, such error may be corrected at any time by agreement of the parties or by order of the court.

    (e) Retention of Records. All electronic recordings and written records pertaining to a proceeding shall be retained in the office of the clerk for a period of at least ten days from the entry of judgment or other final disposition. During this period, the clerk shall permit any recording to be heard upon request by any party or counsel in the proceedings in which the recording was made. A reasonable fee, may be charged for hearing a recording. At the conclusion of the 10-day period, such recordings and records shall then be mailed by the clerk to a repository as directed by the Chief Justice or Chief Judge. Such records and recording shall be retained under the jurisdiction of the Chief Justice or Chief Judge for such a period of time from entry of final judgment as they shall determine by administrative order. They shall establish other standards and procedures to assure the orderly transmission, retention and destruction of recordings and records under this subdivision.

    (f) Publication of Orders and Standards [Abrogated].