Amendment of Rules 8.103, 2004-48

Full title: AMENDMENT OF RULES 8.103, 8.108, AND 8.109 OF THE MICHIGAN COURT RULES

Court: Supreme Court of Michigan

Date published: Jan 23, 2007

ADM File No. 2004-48 (Mich. Jan. 23, 2007)

Opinion

ADM File No. 2004-48.

January 23, 2007.

On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comment received, the following amendments of Rules 8.103, 8.108, and 8.109 of the Michigan Court Rules are adopted, effective May 1, 2007.

[Additions are indicated by underlining and deletions are indicated by strikeover.]

Rule 8.103 State Court Administrator

The state court administrator, under the Supreme Court's supervision and direction, shall:

(1)-(8) [Unchanged.]

(9) approve and publish forms as required by these rules, and such other recommended forms as the administrator deems advisable; and

(10) certify the adequacy of recording devices to be used for making records of different types of proceedings in trial courts pursuant to these rules and applicable statutes and publish a list of certified recording devices and the proceedings for which they are certified for use; and

(11)(10)attend to other matters assigned by the Supreme Court.

Rule 8.108 Court Reporters and Recorders

(A)-(F) [Unchanged.]

(G) Certification.

(1) Certification Requirement.

(a) Only reporters, recorders, operators, or voice writers certified pursuant to this subrule may record or prepare transcripts of proceedings held in Michigan courts or of depositions taken in Michigan pursuant to these rules. This rule applies to the preparation of transcripts of videotaped courtroom proceedings or videotaped or audiotaped depositions, but not to the recording of such proceedings or depositions by means of videotaping. An operator holding a CEO certification under subrule (G)(7)(b) may record proceedings, but may not prepare transcripts.

(b) Proceedings held pursuant to MCR 6.102 or 6.104 need not be recorded by persons certified under this rule; however, transcripts of such proceedings must be prepared by court reporters, recorders, operators, or voice writers certified pursuant to this rule.

(c)-(f) [Unchanged.]

(2)-(5) [Unchanged.]

(6) Renewal, Review, and Revocation of Certification.

(a) Certifications under this rule must be renewed annually. The fee for renewal is $30. Renewal applications must be filed by August 1. A renewal application filed after that date must be accompanied by an additional late fee of $30 100. The board may require certified reporters, recorders, operators, and voice writers to submit, as a condition of renewal, such information as the board reasonably deems necessary to determine that the reporter, recorder, operator, or voice writer has used his or her reporting or recording skills during the preceding year.

(b)-(d) [Unchanged.]

(7) [Unchanged.]

Rule 8.109 Mechanical Recording of Court Proceedings

(A) Official Record. If a trial court uses audio or video recording devices for making the record of court proceedings, it shall use only recording devices that meet the standards as published by the State Court Administrative Office. approved by the state court administrator pursuant to MCR 8.103(10). Except where such a requirement was previously imposed by statute, this provision shall apply only to recording devices purchased after the effective date of this subrule.

(B) [Unchanged.]

Staff Comment: These changes clarify that certified electronic operators do not have the authority to prepare transcripts. The amendments also increase the late renewal fee to $100, and remove references to approval by the state court administrator of recording devices, requiring instead that recording systems meet SCAO-approved standards.

The staff comment is not an authoritative construction by the Court.