IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. PA/PI-CIR-02-45

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RE: COURT REPORTER COMPLIANCE

Whereas Rule of Judicial Administration 2.070 provides that a court reporter is an officer of the court for all purposes while acting as a reporter in a judicial proceeding or discovery proceeding, and

Whereas, the Sixth Judicial Circuit has adopted a Court Reporting Plan in Administrative Order 00-07, and

Whereas, the court desires to clearly inform individual court reporters of the reporter’s duty to the court upon termination of the employment or contractual relationship with the court-reporting firm or with the court, it is

ORDERED:

1. When a court-reporting firm enters into an employment or contractual relationship with a court reporter, the court reporting firm shall provide a copy of this order to the court reporter, and the court reporter shall acknowledge receipt of this order.

2. When the court enters into an employment or contractual relationship with a court reporter, the Human Resources Office shall provide a copy of this order to the court reporter, and the court reporter shall acknowledge receipt of this order.

3. The court reporter shall provide a current address to the court-reporting firm or the Human Resources Office and as an officer of the court acknowledge and agree to a continuing duty to provide an updated address after termination of service with the court-reporting firm or the court. This duty to provide an updated address shall continue for as long as the court reporter is required to retain the court reporting notes pursuant to Rule of Judicial Administration 2.075.

4. After termination of service, the court reporter shall provide the court-reporting firm all stenographic disks, stenographic notes, audio recordings, electronic recordings and the court-reporting firm shall maintain custody and control of the same. Court reporters having an employment or contractual relationship with the court shall, after termination of service, provide the Administrative Office of the Courts with all stenographic disks, stenographic notes, audio recordings and electronic recordings.

5. The court-reporting firm shall make diligent efforts to ensure that court reporters timely file transcripts with the court. When a court reporter fails to timely provide a transcript to the court, the court-reporting firm shall make diligent efforts to locate the court reporter and ensure that the transcript is filed.

6. If the court reporting firm is unable to obtain a transcript from the court reporter, the court-reporting firm shall document its efforts by an affidavit filed with the clerk in the lower tribunal and shall send a copy to the trial judge and all parties.

7. The court may issue an order to show cause to the court reporter and shall serve the court reporter at the address provided pursuant to paragraph 3. Upon failure to show cause, the court may find the court reporter in civil contempt. The court may take all appropriate action to ensure compliance, including but not limited to confinement of the court reporter, until the transcript is produced.

8. This process shall be used for all transcript requests in the Sixth Judicial Circuit, including proceedings before the District Court of Appeal.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this _____ day of August 2002.

David A. Demers, Chief Judge