Transcripts - Depositions/Other Criminal Proceedings

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. PA/PI-CIR-99-35

RE: TRANSCRIPTS - DEPOSITIONS/OTHER CRIMINAL PROCEEDINGS

Because the transcription of all depositions in criminal cases are not necessary in order for counsel for the defendant and counsel for the state to proceed through a criminal prosecution while also providing the defendant with all protection and rights guaranteed by the federal and state constitutions, Florida Rules of Criminal Procedure, and Florida Statutes; and

Because the original transcript of a trial proceeding designated for appeal is required to be forwarded to the appellate court and is not maintained by the trial court; and

In order to provide for the uniform treatment throughout the circuit of transcripts of depositions and other proceedings in criminal cases; and

In order to provide copies of depositions and other transcripts in criminal proceedings at a reasonable rate when the cost is paid with county funds; and

In order to provide a means whereby Fla. R. Crim. P. 3.220(d)(2) may be administered; it is hereby

ORDERED:

A. TRANSCRIPTION

1. No transcript of a deposition for which Pasco or Pinellas County may be obligated to expend funds shall be ordered by a party unless it is ordered by the Court on a showing that the deposed witness is material or on showing of good cause.

2. Motions to transcribe shall be filed in a timely manner and shall be heard by

the applicable Criminal Administrative Judge in Pinellas County or the Pasco Administrative Judge or his or her designee. A motion to transcribe stating good cause as grounds may be considered by the Court ex parte or in camera.

3. No court contract court reporter shall transcribe a deposition taken in a criminal case upon the request of a party absent a copy of a court order authorizing the transcription.

B. FILING OF TRANSCRIPTS

1. The original transcript of a deposition or other proceeding in a criminal case shall

be filed in the court file, unless upon an attorney’s request the chief judge authorizes otherwise.

2. At the time of filing an original deposition or other transcript in a criminal proceeding filed in Pasco County, the court contract court reporters providing services in Pasco County shall provide a photocopy of the original transcript to the Office of the State Attorney, the Office of the Public Defender or the court appointed counsel for an indigent defendant.

3. At the time of filing an original deposition or other transcript in a criminal

proceeding filed in Pinellas County, the Clerk of the Circuit Court for Pinellas County shall provide a photocopy of the original transcript to the Office of the State Attorney, the Office of the Public Defender or the court appointed counsel for an indigent defendant.

C. COSTS OF TRANSCRIPTION

1. When the costs are paid with county funds, the court contract court reporters

providing services in Pasco County and the Clerk of the Circuit Court for Pinellas County may charge a fee to copy an original transcript; however, such fee shall not exceed $.25 per page.

2. Transcription costs of court appointed counsel shall be assessed in accordance

with the contracts between the Court and the Court Contract Court Reporters.

3. Fla. R. App. P. 9.140 requires that the original transcript designated for appeal be

included in the record submitted by the Clerk of the lower tribunal. The Clerks of Court for

Pasco and Pinellas Counties may, at their own expense, maintain a copy of any such transcript.

Administrative Orders PA/PI-CIR-97-20 and 97-25 are hereby rescinded.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this 29 day of April, 1999.

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Susan F. Schaeffer, Chief Judge