Rule 4-201. Record of proceedings.

Intent:

To establish the means of maintaining the record of court proceedings in all courts of record.

To permit a party to have a court proceeding reported by a certified court reporter if permitted by the court.

To permit a certified court reporter to prepare an official transcript if permitted by the court.

Applicability:

This rule shall apply to all courts of record.

Statement of the Rule:

(1) Verbatim record of court proceedings.

(1)(A) A video or audio recording system shall maintain the verbatim record of all court proceedings.

(1)(B) If requested by the court, a certified court reporter licensed in Utah shall maintain a verbatim record in all trial court proceedings in capital felonies.

(1)(C) If approved by the court, a party may arrange for a certified court reporter licensed in Utah to maintain a verbatim record of a court proceeding.

(1)(D) A certified court reporter licensed in Utah may maintain a verbatim record of a court proceeding if an audio or video recording system is unavailable.

(1)(E) The administrative office of the courts shall periodically study the state of the art of electronic recording technology and technology employed in computer integrated courtrooms and make recommendations to the Judicial Council of systems to be approved.

(2) Record security. The administrative office of the courts shall maintain digital files, backup files and archive files. The clerk of the court shall maintain the official transcript.

(3) Official transcripts.

(3)(A) A transcript prepared and filed by a certified court reporter from the reporterís notes is an official transcript. The court reporter must agree to comply with statutes and rules applicable to transcripts of court proceedings. Records filed by the court reporter with the court are the property of the court.

(3)(B) A transcript of a video or audio recording of a court proceeding prepared and filed by an official court transcriber in accordance with the procedures established in Utah Rule of Appellate Procedure 12 is an official transcript.

(3)(C) An official transcript can be used in any trial court or appellate court proceeding.

(3)(D) A request for an official transcript for an appeal is governed by Utah Rules of Appellate Procedure 11 and 12. A request for an official transcript for other court proceedings is governed by Rule of Appellate Procedure 12.