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New York StateUnified Court System

Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 108. Format Of Court Transcripts And Rates Of Payment Therefor

108.1 General
108.2 Payment for transcript
108.3 Standard transcript specifications
108.4 Written agreement
108.5 Appendix: Court Reporter Minute Agreement Form

Section 108.1 General.

(a) Unless otherwise provided herein, this Part shall govern the format of each page of a transcript of court proceedings to be furnished by a court reporter who is an employee of the Unified Court System or who is an independent contractor, the rate of payment to which he or she is entitled therefor, and the requirements for the agreement between court reporter and the requesting party.

(b) For purposes of this Part, the term "transcript" shall mean a transcription of the stenographic minutes taken by one or more court reporters, constituting a complete record of all court proceedings in a case.

Historical Note
Sec. filed Sept. 18, 1984; amd. filed Jan. 5, 1998 eff. Feb. 1, 1998. Amended (a).

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Section 108.2 Payment for transcript.

(a) [For application of this subsection, see note below. See, also, subsection (a) below.] Unless otherwise provided by law, this section shall apply where the Unified Court System or persons or parties other than the Unified Court System are responsible for payment to the court reporter for the transcript, or some portion thereof, that is furnished.

(a) [For application of this subsection, see note below. See, also, subsection (a) above.] This section shall apply where the unified court system is responsible by law for payment to the court reporter for the transcript, or some portion thereof, that is furnished. Where persons or parties other than the unified court system are responsible for payment to the court reporter, this section shall apply to the extent permitted by section 8002 of CPLR.

(b) [For application of this subsection, see note below. See, also, subsection (b) below.]

(1) For furnishing a transcript of court proceedings, or some portion thereof, a court reporter shall be paid at the following rates:

(i) Where the Unified Court System is responsible by law for payment to the court reporter--$2.50 per page for an original plus $1.00 per page for each copy, except that: for delivery as required by section 460.70 of the Criminal Procedure Law--$3.50 per page for an original plus no charge for the first copy; and for Regular delivery to a judge pursuant to section 299 of the Judiciary Law--no charge.

(ii) Except as otherwise provided in subparagraph (i) of this paragraph, where payment to the court reporter is to come from public funds: for Regular delivery -- between $2.50 per page and $3.15 per page for an original plus $1.00 per page for each copy; for Expedited delivery -- between $3.15 per page and $4.25 per page for an original plus $1.10 per page for each copy; and for Daily delivery -- between $3.75 per page and $5.25 per page for an original plus $1.25 per page for each copy.

(iii) In all instances not covered by subparagraphs (i) and (ii) of this paragraph: for Regular delivery -- between $3.30 per page and $4.30 per page for an original plus $1.00 per page for each copy; for Expedited delivery -- between $4.40 per page and $5.40 per page for an original plus $1.10 per page for each copy; and for Daily delivery -- between $5.50 per page and $6.50 per page for an original plus $1.25 per page for each copy.

(2) For purposes of this subdivision and subdivision (e) of this section:

(i) "regular delivery" shall mean production and delivery of a transcript in ordinary circumstances after the conclusion of the proceedings, and including any production and delivery times that exceed those for expedited or daily delivery:

(ii) "expedited delivery" shall mean production and delivery of a transcript within five business days for each day's or partial day's proceeding:

(iii) "daily delivery" shall mean production and delivery of a transcript on the morning of the next business day:

(iv) a "copy" of a transcript or a portion thereof must be ordered within 30 days of the date on which the original of such transcript or portion thereof was ordered;

(v) delivery times are measured from the time the court reporter receives the order for the transcript or portion thereof:

(vi) where delivery of a transcript is ordered and this section specifies a range of rates for the category of such delivery (i.e.,regular delivery, expedited delivery or daily delivery), the court reporter shall be paid at such rate, within such range, as he or she and the ordering party may agree upon based on consideration of the regional and market cost of transcripts and transcript production, complexity of the subject matter of the proceeding involved, and the court reporter's transcript volume. Where the court reporter and the ordering party cannot agree upon a rate, the court reporter shall not be required to produce and deliver the transcript, except where regular delivery has been ordered, in which event the rate of payment therefor shall be the lowest rate within the range of rates specified in this section for regular delivery; and

(vii) a court reporter may, upon agreement with the ordering party, deliver a transcript in the form of a file (in ASCII or other agreed-upon format) on a computer diskette. In such event, such file shall be designated as an original or copy as the court reporter and the ordering party shall agree, and the court reporter shall be entitled to be paid at the otherwise applicable per page rate prescribed hereunder for each page of such transcript included in such file unless the transcript is compressed in which case each quadrant of such transcript (i.e.,one of four transcript pages electronically compressed into a single page) shall constitute a separate page for which the court reporter is entitled to be paid at the otherwise applicable per page rate presecribed hereunder.

(b) [For application of this subsection, see note below. See, also, subsection (b) above.]

(1) for furnishing a transcript of court proceedings, or some portion thereof, a court reporter shall be paid at a rate of $1.375 per page.

(2) Where a court reporter and a private party otherwise enter into an agreement pursuant to section 8002 of the CPLR for the furnishing of a transcript, the following rate maximums should be used as guidelines:
Expedited copy - $4.40 per page
Daily Copy - $5.50 per page
"Expedited copy" means production of the transcript within seven calendar days.

(c)

(1) Notwithstanding the provisions of subdivision (b) of this section, no court reporter shall be entitled to receive payment for a transcript, or some portion thereof, at a rate specified in subdivision (b) unless the court reporter or his or her supervisor receives an authorized request therefor on or after the effective date of such rate. For purposes of this subdivision, an authorized request shall mean one that (i) is made in writing by an appellate court or by a judge or nonjudicial court employee acting at the judge's direction, (ii) is dated, and (iii) recites the statutory authority upon which it is made.

(2) The provisions of paragraph (1) of this subdivision shall not apply where preparation of a transcript, or some portion thereof, is not requested by an appellate court, a judge or a nonjudicial employee acting at the judge's direction, but is requested by a party to court proceedings or some other person entitled by law to obtain a copy thereof, or is required by operation of law. In such event, the court reporter who prepares the transcript, or some portion thereof, shall be entitled to receive payment therefor at the rate specified in subdivision (b) of this section in effect on the date the requirement for its preparation arose.

(d) For purposes of this section, a court reporter shall not be entitled to payment for a page of transcript unless the page complies with the standard transcript specifications set forth in section 108.3 of this Part and has at least 13 lines of material thereon. Where a court reporter is required to furnish only a portion of a transcript, the word transcript as used in this subdivision shall mean that portion.

(e) [For application of this subsection, see note below.] Notwithstanding the provisions of subdivision (b) of this section, a court reporter who has transcribed stenographic minutes of a proceeding prior to the effective date of this subdivision and who, on or after such effective date, receives an order for a transcript of such minutes shall be paid at the following rate if payment to the court reporter is to come from public funds:

(1) Where the Unified Court System is responsible by law for payment to the court reporter, at the applicable rate specified in subparagraph (b)(1)(i) of this section less 10 percent thereof.

(2) In all instances in which paragraph (1) of this subdivision does not apply:

For Regular delivery -- between $2.25 per page and $2.75 per page for an original plus $1.00 per page for each copy.

For Expedited delivery -- between $2.75 per page and $3.85 per page for an original plus $1.10 per page for each copy.

For Daily delivery -- between $3.40 per page and $4.75 per page for an original plus $1.25 per page for each copy.

["This order shall take effect on the same day as the chapter of the laws of 2000 (L.2000, c. 279, eff. Aug. 16, 2000) hereinabove cited becomes a law and, except as the amendments otherwise provide, shall apply to all transcripts ordered on or after this date; provided, however, the provisions of Part 108, in effect immediately prior to the effective date of this order shall remain in full force and effect as to nonjudicial officers and employees in a collective negotiating unit not specified in section one of such chapter."]

Cross References
CPLR, see McKinney's Book 7B.

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Section 108.3 Standard transcript specifications.

(a) Transcripts shall be on paper which is 8 1/2 x 11 inches in size.

(b) Each page of a transcript shall conform to the following specifications:

(1) Each page, except those listed in subparagraphs (i) through (iii) of this paragraph, shall have 25 numbered lines of material thereon, excluding a line devoted to the title and page number:

(i) the page on which the title is included or, if transcription of the title requires more than one page, the last of such pages;

(ii) the page on which the index is included or, if transcription of the index requires more than one page, the last of such pages; and

(iii) for each day on which a court reporter takes minutes of proceedings in a case, the last page of the transcription thereof, or, where more than one court reporter takes minutes of the proceedings in a case, the last such page of each portion of the transcript furnished by each court reporter.

(2) There shall be 10-type characters per inch.

(3) The left-hand margin shall be indented 1 3/4 inches from the left-hand edge of the page and shall be marked by two lines, 1/16 of an inch apart, extending from the top to the bottom of each page. The right-hand margin shall be indented 3/8 of an inch from the right-hand edge and shall be marked by a single line extending from the top to the bottom of each page. Each line of transcribed material shall extend as closely as possible to the right-hand margin.

(4) The horizontal writing block shall be 6 5/16 inches. The vertical writing block shall be 9 inches.

(c) The testimony and colloquy portions of a transcript shall be in a format as follows:

(1) In the testimony portion, the first line of each question and each answer shall be indented five spaces from the left-hand margin and shall be commenced by a "Q" or "A" as appropriate. The text of each such line shall then commence 10 spaces from the left-hand margin. Each subsequent line of a question or answer shall commence at the left-hand margin.

(2) [For application of this subdivision, see note below. See, also, subdivision (2) below.] In the colloquy portion, the first line of each speaker's remarks shall be indented 15 spaces from the left-hand margin and shall be commenced with a designation of the speaker's name, followed by a colon, two spaces and the start of his or her remarks. Each subsequent line of such remarks shall be indented 5 spaces from the left-hand margin, except that the first line of each succeeding paragraph of such remarks shall be indented 15 spaces from the left-hand margin.

(2) [For application of this subdivision, see note below. See, also, subdivision (2) below.] In the colloquy portion, the first line of each speaker's remarks shall be indented 15 spaces from the left-hand margin and shall be commenced with a designation of the speaker's name, followed by a colon, two spaces and the start of his or her remarks. Each subsequent line of such remarks shall be indented 10 spaces from the left-hand margin, except that the first line of each succeeding paragraph of such remarks shall be indented 15 spaces from the left-hand margin.

(d) The first page of each transcript shall include a title setting forth only the following:

(1) the court, the county or city of venue, and the part in which the proceedings were held;

(2) the name of the case;

(3) the number of the accusatory instrument(s) or case number(s), the charge and the nature of the proceedings;

(4) the address of the courthouse;

(5) the date(s) of the proceedings;

(6) the presiding authority;

(7) whether the proceedings were before a jury;

(8) the appearances of counsel for the parties; and

(9) the name of each court reporter and each court interpreter, if any.

A transcription of each subsequent day's proceedings shall include an abbreviated title setting forth only the matter specified in paragraphs (1) through (7) of this subdivision. Such abbreviated title shall also include a statement that the appearances of counsel are as previously recited, except that where there are changes in the appearances, such changes shall be set forth.

(e) Each transcript shall include a single index; except that, where more than one court reporter takes minutes of the proceedings in a case, there may be a separate index for each portion of the transcript of the proceedings furnished by each such court reporter. The index shall set forth the following:

(1) the party who called the witness, the name of each witness testifying in the proceedings recorded therein, together with the page or pages on which his or her testimony is given, and whether such testimony was given as part of direct examination, cross-examination or some other form of examination; and

(2) the party who proffered each exhibit, a description of each of the exhibits submitted by each party, together with the page or pages on which it was offered for identification and introduced into evidence.

(f) Sample transcript pages reflecting the specifications required herein are displayed in the Appendix to this Part.1

["This order shall take effect on the same day as the chapter of the laws of 2000 (L.2000, c. 279, eff. Aug.16, 2000) hereinabove cited becomes a law and, except as the amendments otherwise provide, shall apply to all transcripts ordered on or after this date; provided, however, the provisions of Part 108, in effect immediately prior to the effective date of this order shall remain in full force and effect as to nonjudicial officers and employees in a collective negotiating unit not specified in section one of such chapter."]
1. Such samples are not set out herein. See 22 NYCRR.

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Section 108.4 Written Agreement.

(a) [For application of this subsection, see note below. See, also, subsection (a) below.] Each court reporter who furnishes a transcript of a court proceeding shall, at the time the transcript is requested, enter into a written agreement for its production with the person or party requesting the transcript. The agreement shall be made on the form set forth in the Appendix to this Part.

(a) [For application of this subsection, see note below. See, also, subsection (a) above.] Each court reporter who furnishes a transcript of a court proceeding, shall, at the time the transcript is requested, enter into a written agreement for its production with the person or party requesting the transcript. The agreement shall be made on a form prescribed by the Chief Administrator of the Courts and shall set forth the rate per page, the estimated number of pages, and the date by which the transcript shall be produced.

(b) Except as otherwise may be provided in a memorandum of understanding with the Unified Court System, each court reporter who enters into such written agreement shall file a copy of that agreement in the office of the appropriate Administrative Judge, or his or her designee, no later than seven days after entering into the agreement.

(c) [For application of this subsection, see note below. See, also, subsection (c) below.] This section shall not apply where payment to the court reporter for the transcript is to come from public funds.

(c) [For application of this subsection, see note below. See, also, subsection (c) above.] This subsection shall not apply where the unified court system is responsible for payment to the court reporter for the transcript.

["This order shall take effect on the same day as the chapter of the laws of 2000 (L.2000, c. 279, eff. Aug.16, 2000) hereinabove cited becomes a law and, except as the amendments otherwise provide, shall apply to all transcripts ordered on or after this date; provided, however, the provisions of Part 108, in effect immediately prior to the effective date of this order shall remain in full force and effect as to nonjudicial officers and employees in a collective negotiating unit not specified in section one of such chapter."]

Amended (b) on Nov. 18, 2008 (old version)

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Section 108.5 Appendix: Court Reporter Minute Agreement Form.

APPENDIX

COURT REPORTER MINUTE AGREEMENT FORM

(As required by section 108.4(a) of the Rules of the Chief Administrator of
the Courts)

Please Type or Print Clearly

1. _____ Court, _____ County,

Part No. _____

Name of Judge/Justice ____________________________

2. Name of case _________________________________

3. Court Docket/File/Index Number _____

4. Date minutes requested _____

5. Type of proceeding (check one or more):

_____Arraignment

_____Application

_____Hearing

_____Plea

_____Trial

_____Sentence

_____Other (specify)

6. Pursuant to section 108 of the Rules of the Chief Administrator of the Courts, the rates per page for transcripts of proceedings reported in New York State courts shall be as follows:


Regular delivery: $3.30 - $4.30 (original)
$1.00 (each copy)

Expedited delivery: $4.40 - $5.40 (original)
$1.10 (each copy)


Daily delivery: $5.50 - $6.50 (original)
$1.25 (each copy)


7. Rate to be charged per page:

Regular _____ Expedited _____ Daily _____Other _____

No. of copies ordered _____

8. Estimated number of pages: _____

9. Estimated delivery date _____

10. Agreed to:_________________

_____________________ __________________
Court Reporter Attorney/Party Date of Agreement

(signature)


Name of Court Reporter__________

Name of Attorney/Party _____________

Address__________________

Firm/Address___________________________________

______________________________________________

Telephone Number ______________

Telephone Number ______________

Fax Number ____________________

Fax Number ____________________


A copy of this agreement must be filed by the court reporter with his/her supervisor as designated by the Administrative Judge within 7 calendar days following the date of agreement.

INSTRUCTIONS FOR COMPLETING THE COURT REPORTER MINUTE AGREEMENT FORM

A written agreement must be completed whether the initial order is placed by telephone, mail, fax, e-mail or in person. If an order involves minutes to be transcribed for the same case, but from more than one court reporter, each reporter must complete a separate order form.

1. Enter the specific title of the court, e.g.,Supreme Court, County Court, etc.; the county in which the court is located; the name or number of the Part in which the matter was heard; and the name of the judge who heard the case.

2. Enter the title of the case.

3. Enter the docket, file or index number, or any other identification assigned by the court to this case. If there is no number assigned, enter "None."

4. Enter the date or dates of the minutes of the proceeding or portion thereof to be transcribed.

5. Indicate one or more types of proceedings to be transcribed.

6. This section is informational and requires no response.

7. Enter the amount of the per page rate to be charged and check the requested time for delivery.

8. The court reporter must estimate the number of pages for which there will be a charge. The actual number of pages cannot be known until the transcript is complete.

9. Enter the estimated date of delivery. Court reporters are expected to adhere to the estimated date of delivery set forth in the agreement. Ordinarily, court reporters are required to transcribe requests for transcripts in the order of receipt. However, where statutory or other provisions set forth in the Court Reporter Manual that require transcripts be produced immediately affect the date of delivery of previously-ordered transcripts, the court reporter will endeavor to use best efforts to notify the person ordering the transcript. Notification must be made in a timely fashion prior to the estimated date of delivery informing the requesting party of the reason for the delay and arranging for a new date of delivery.

10. The court reporter and the attorney or party ordering the transcript each must sign the agreement and provide their addresses and phone and fax numbers. The agreement must be dated.

Definitions:

. "Daily" means produced and delivered the morning of the next UCS workday.

. "Expedited" means produced and delivered within five UCS workdays for each day's or partial day's proceeding.

. "Regular" means produced and delivered in ordinary circumstances after the conclusion of proceedings, and including any production and delivery times that exceed those for daily or expedited copy.

. Delivery times are measured from the time that the reporter receives the order for the transcript or portion thereof.

. To qualify for the "copy" rate, a transcript or portion thereof must be ordered within 30 days from the date that the transcript or that portion thereof was previously ordered.

If you have any questions concerning this form or its contents, please contact the Supervising Court Reporter or Chief Clerk, as appropriate.