Administrative Rule 39 - RECORDING DISTRICT COURT TRIALS AND PROCEEDINGS, AND PREPARING TRANSCRIPTS

SECTION 1. AUTHORITY Under N.D. Const. art. VI, § 3, the supreme court has the authority to establish policies and procedures to be followed by all courts of the state. The court also has specific authority to establish policies relating to personnel and court records under N.D.C.C. § 27-02-05.1. SECTION 2. PRESERVING THE RECORD Except in small claims court cases under N.D.C.C. ch. 27-08.1 and in traffic cases under N.D.C.C. § 39-06.1-03, the record of testimony and proceedings of the district court must be preserved using audio-recording software, video-recording software, or stenographic shorthand notes. All electronic recording software must meet the minimum specifications established in administrative policies. SECTION 3. FILING The court reporter must file all shorthand notes of the proceeding with the clerk of district court at the conclusion of the trial or proceeding or as soon after as is practical. All audio recordings and annotations or tags must be maintained in the electronic recording software. SECTION 4. ACCESS TO ORIGINALS (a) Employees An employee of the district court, or other individual under contract with the court, who is charged with preparing the transcript may access audio recordings or shorthand notes for the purpose of preparing the transcript. All audio recordings maintained in the electronic recording software may be accessed through the electronic recording software or a recording may be replicated. (b) Non-Employees If the court staff who attended the proceeding is not able to prepare the transcript, the court may order that another person be allowed to access the shorthand notes or audio recording. SECTION 5. TRANSCRIPT - DUTY TO PREPARE Court staff must prepare a transcript of the proceeding upon receiving an order from the court or an order for transcript from the clerk of district court and upon payment of fees. Each district must establish procedures to ensure that transcripts are prepared in accordance with time lines established in the North Dakota Rules of Appellate Procedure. SECTION 6. CRIMINAL ACTION PREPARED AT STATE EXPENSE A judge of a district court in which a criminal action or proceeding has been tried, on the judge's own motion or on application of the defendant or the state's attorney of the county, may order a transcript of the action or proceeding, or of any part, to be made at state expense whenever there is reasonable cause. SECTION 7. FORM OF TRANSCRIPT The transcript must be prepared in the form prescribed by N.D.R.App.P. 10. SECTION 8. CERTIFICATION The transcript must be certified by the person preparing the transcript in accordance with N.D.R.App.P. 10. SECTION 9. FEES (a) Individuals Employed by the Judiciary Court staff must receive a transcript preparation fee as established by administrative policy. (b) Non-Judicial Employees If the transcript is prepared by an individual who is not a judicial employee, payment will be made directly to the preparer, at a rate not to exceed administrative policy, and in accordance with N.D.R.App.P. 10 . (c) Originals and Copies The original shorthand notes or audio recording of the proceeding are the property of the state of North Dakota. The transcript is the property of the state of North Dakota after it has been filed with the clerk of district court.