Article 2: Court Reporting Personnel.

Article 2: Court Reporting Personnel.

(Rules Relating to Official Court Reporters amended Feb. 1, 1995. Renumbered and codified as Neb. Ct. R. §§ 1-201 to 1-218, effective July 18, 2008. Neb. Ct. R. §§ 1-201 to 1-219 amended June 9, 2010.)

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§ 1-201. Purpose; hiring and appointment or contracting of court reporting personnel; mandatory registration.

§ 1-201. Purpose; hiring and appointment or contracting of court reporting personnel; mandatory registration.

   (A) The purpose of §§ 1-201 through 1-218 is to provide for the hiring and appointment of court reporting personnel, as defined in § 1-204(A)(1), to perform the duties required by Nebraska Supreme Court rules for the recording and preservation of evidence and if applicable preparation of bills of exceptions in all cases in the district, separate juvenile, and county courts. As set forth below, court reporting personnel shall be hired and appointed, or contracted with, in accordance with these rules and approved by the Nebraska Supreme Court, by a judge of the district, separate juvenile, or county court to perform the duties required by these rules and all other Nebraska Supreme Court rules relating to the making, preserving, transcribing, and delivery of court records.

   (1) Hiring and appointment of official court reporters. Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district and separate juvenile court may hire and appoint an official court reporter with approval from the Nebraska Supreme Court to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such official court reporter is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and the Nebraska Supreme Court, and is subject to the Nebraska Supreme Court Personnel Policies and Procedures unless otherwise discharged from employment as provided in § 1-204(E).

   (2) Hiring and appointment of courtroom clerks. A judge of the district court, separate juvenile court, and county court may hire and appoint a courtroom clerk with the approval of the Nebraska Supreme Court, to make, preserve, and deliver a digital recording of the trial and other proceedings over which said judge presides using multichannel digital recording equipment provided by the Administrative Office of the Courts and Probation. Such courtroom clerk is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and the Nebraska Supreme Court, and is subject to the Nebraska Supreme Court Personnel Policies and Procedures unless otherwise discharged from employment as provided in § 1-204(G). The provisions of § 1-201(A)(2) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (3) Designating other court personnel to act as court reporting personnel. In his or her discretion, a judge opting to use multichannel digital recording equipment in his or her courtroom to make and preserve the record of a trial and other proceedings may, temporarily under § 1-213 or in lieu of appointing a courtroom clerk under § 1-201(A)(2), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of a courtroom clerk. The provisions of § 1-201(A)(3) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (4) Contracting of official court reporters.  Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district, separate juvenile, or county court may contract with an official court reporter with the approval of the Nebraska Supreme Court to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such an offical court reporter is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and the Nebraska Supreme Court, and shall comply with any Nebraska Supreme Court rules applicable to performing the duties of an official court reporter. 

   (B) Court reporting personnel as defined in § 1-204 shall register with the court-authorized service provider. Those persons who create, compile, and/or file a verbatim record of court proceedings as provided by Neb. Ct. R. App. P. § 2-105 or Neb. Ct. R. § 6-1452(B) shall use the court-authorized service provider for filing such record with any court.

   (1) Court reporting personnel who are judicial branch employees shall not be required to pay a registration fee with the court-authorized service provider.

   (2) Contracted transcriptionists may be required to pay a registration fee with the court-authorized service provider.

   (3) Email addresses. Court reporting personnel employed by the judicial branch shall use the State of Nebraska email address for registration with the court-authorized service provider. Contracted transcriptionists shall use an email address that does not exceed 50 characters.

   (4) No court shall accept or file a paper or physical copy of the bill of exceptions as the official record in the proceeding, except for the media exhibits volume(s) as allowed in Neb. Ct. R. § 2-105.02. Court reporting personnel shall not be paid for preparing the official record of the proceeding unless the bill of exceptions is prepared and filed pursuant to Neb. Ct. R. App. P. §§ 2-105, 2-105.01, and 2-105.02, or, if applicable, Neb. Ct. R. § 6-1452.

Rule 1(A) through (C) amended February 28, 1996; Rule (A) amended June 5, 2002. Renumbered and codified as § 1-201, effective July 18, 2008; § 1-201 amended June 9, 2010; § 1-201 amended June 9, 2021, effective January 1, 2022; § 1-201 amended June 16, effective January 1, 2022.

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§ 1-202. Oath of office.

§ 1-202. Oath of office.

   Court reporting personnel shall take the oath of office provided in Neb. Const. art. XV, § 1.

§ 1-202 amended June 9, 2010; amended June 16, 2021, effective January 1, 2022.

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§ 1-203. Duties of court reporting personnel.

§ 1-203. Duties of court reporting personnel.

   Court reporting personnel are charged with the duty to comply with any Nebraska Supreme Court rules relating to official court reporters and courtroom clerks and, in accordance with the specific terms of such employment and qualifications, with the duty of making, preserving, transcribing, and/or delivering a verbatim record of all proceedings in the court to which they are appointed in accordance with this section and Neb. Ct. R. App. P. § 2-105. Except as otherwise directed by the Nebraska Supreme Court, all digital recordings made by courtroom clerks or other court personnel as defined in § 1-204(A)(4) shall be outsourced for transcription to an official court reporter or privately contracted court transcribers who shall meet the minimum qualifications set forth in § 1-204(B), (C), or (D). Failure to comply with court rules may result in disciplinary action, including but not limited to termination, by the hiring and appointing judge, or the Nebraska Supreme Court. In addition, court reporting personnel shall perform any other duties assigned by the hiring and appointing judge or the Nebraska Supreme Court and shall, in accordance with the specific terms of such employment and qualifications:

   (A) On order of the trial judge, make or have made and file in the clerk's office a transcription of any trial or proceedings, or any part thereof, without expense to any party to the suit; such transcription shall be a part of the records in the case. An official court reporter or privately contracted court transcriber shall receive from the appropriate governmental unit the compensation specified below in § 1-218 for any such transcription ordered by a judge.

   (B) Upon request of counsel or any party to a suit, furnish to such counsel or party, as expeditiously as possible, a transcription of any trial or proceedings, or any portion thereof. An official court reporter or privately contracted court transcriber shall receive the compensation specified below in § 1-218 for any such transcription. Counsel or any party shall make satisfactory arrangements with the official court reporter or privately contracted court transcriber for payment. The time spent at such transcription shall not interfere with any other duties of the court reporting personnel.

   (C) Upon request of any person not a party to a suit, if so approved by the trial judge, furnish to such person or have prepared for such person, as expeditiously as possible, a transcription of any trial or proceedings, or any portion thereof. The time spent at such transcription shall not interfere with any other duties of the court reporting personnel. The compensation and payment therefor shall be as prescribed in § 1-203(B).

   (D) All verbatim transcriptions shall be certified by the person responsible for preparation of the verbatim transcription or the presiding judge to be true and correct.

   (E) The procedure for requesting and preparation of a transcription of any trial or proceeding in the district court shall be regulated and governed by these rules. Shorthand notes, audio recordings, log sheets, or any other material used in making the record in district court shall not be provided to the public except upon motion to the trial judge assigned to the case with a showing of good cause.

Rule 3(A), (B), and (C) amended June 19, 1996; Rule 3 amended June 5, 2002; Rule 3(A) and (B) amended June 22, 2005; Rule 3(B) amended February 15, 2006. Renumbered and codified as § 1-203, effective July 18, 2008; § 1-203 amended June 9, 2010; § 1-203(A)-(C) amended June 9, 2021, effective January 1, 2022; § 1-203 amended June 16, 2021, effective January 1, 2022; § 1-203(B) amended November 10, 2021, effective January 1, 2022; § 1-203 amended January 19, 2022.

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§ 1-204. General qualifications and definitions.

§ 1-204. General qualifications and definitions.

   (A)(1) Court reporting personnel. Court reporting personnel shall include official court reporters, courtroom clerks, and other court personnel as defined in § 1-204(A)(4) who, in whole or in part according to the terms of their employment, make, preserve, transcribe, and deliver the record of any trial and other proceeding in any district, separate juvenile, and county court of Nebraska.

   (2) Official court reporter. An official court reporter shall be an individual employed by the court and be competent in the making, preserving, transcribing, and delivering a verbatim record of trial and other proceedings through the use of machine shorthand or the use of multichannel digital recorders supplemented by logging procedures. An official court reporter shall meet either the qualifications set forth in § 1-204(B) or the qualifications in § 1-204(C).

   (3) Courtroom clerk. A courtroom clerk shall be an individual employed by the court to record testimony by the use of multichannel digital recording equipment supplemented by logging procedures. A courtroom clerk shall be competent in the making and preserving of a verbatim record of a trial and other proceedings and shall meet the qualifications set forth in § 1-204(F).

   (4) Other court personnel. For purposes of these rules, "other court personnel" shall mean persons employed within the Nebraska court system who are under the control or supervision of the Nebraska Supreme Court or the designating judge and who have been trained in the use of multichannel digital recording equipment and meet the qualifications set forth in § 1-204(F).

   (B) One's professional competence to serve as a machine shorthand official court reporter shall be demonstrated by having passed an examination conducted by such entities as the Nebraska Supreme Court may from time to time designate, which tests one's reporting skills and knowledge of spelling, grammar, and the reporting craft. The skills portion of the examination shall require the reporter to report and transcribe each of three items of dictation consisting of (i) literary material, (ii) jury instructions, and (iii) two-voice testimony. Each dictation segment shall be of 5 minutes duration. The literary material must be reported at a rate of not less than 180 words per minute, the jury charge at not less than 200 words per minute, and the two-voice testimony at not less than 225 words per minute.

   All of the dictated material must be transcribed with 95 percent accuracy in a period of not more than 3½ hours, during which time a dictionary may be used. In grading this portion of the test, a maximum of 45 errors is permitted on the literary material, a maximum of 50 errors is permitted on the jury charge, and a maximum of 57 errors is permitted on the two-voice testimony. The knowledge portion of the examination shall consist of not less than 100 written multiple-choice questions and must be passed with a score of not less than 70 percent in a period of time as determined by the examiner, but no more than 90 minutes per 100 questions. A dictionary may not be used during this portion of the examination.

   (C) One’s professional competence to serve as an official court reporter using a multichannel digital recorder to record and transcribe shall include creating a transcript from a mock court proceeding recorded on, at a minimum, a four channel digital software. To be classified as an official court reporter using a multichannel digital recorder the American Association of Electronic Reporters and Transcribers (AAERT):

   (1) Certified Electronic Court Reporter (CER) knowledge examination must be passed with a score of 80 percent or higher;

   (2) Certified Electronic Transcriber (CET) knowledge examination must be passed with a score of 80 percent or higher; and

   (3) CET practical examination must demonstrate 95 percent accuracy.

   (D) The Nebraska Supreme Court may approve an individual to be classified as an official court reporter under subsection (B) or (C) if the individual has an equivalent test or similar certification or prior court experience.

   (E) After employment, an official court reporter may be required to undergo reexamination through testing substantially similar to that described in § 1-204(B) or (C) any time upon the request of the appointing judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to pass the reexamination shall constitute cause for the immediate discharge of the official court reporter from employment.

   (F) One's professional competence to serve as a courtroom clerk shall be demonstrated by the following minimum criteria and competency requirements:

   (1) successful completion of training on use and maintenance of multichannel digital recording equipment;

   (2) ability to promptly diagnose and correct routine malfunctions;

   (3) proficiency in note taking and logging procedures;

   (4) knowledge of courtroom procedures and legal vocabulary; 

   (5) knowledge of the proper admission of exhibits to be included in the bill of exceptions; and

   (6) ability to accurately type on a computer while simultaneously monitoring a proceeding.

   (G) After employment, the courtroom clerk may be required to undergo a competency evaluation based on the criteria found in § 1-204(F) at any time upon the request of the judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to meet such competency criteria shall constitute cause for action pursuant to the Nebraska Supreme Court Personnel Policies & Procedures.

Rule 4(B) amended February 23, 2006. Renumbered and codified as § 1-204, effective July 18, 2008; § 1-204 amended June 9, 2010; § 1-204 amended June 12, 2019; § 1-204 amended June 16, 2021, effective January 1, 2022; § 1-204(C) amended June 29, 2022.

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§ 1-205. Duties of official court reporters.

§ 1-205. Duties of official court reporters.

   (A) Official court reporters who meet the qualifications set forth in  § 1-204(B):

   (1) Official court reporters shall only use stenography software programs approved by the Administrative Office of the Courts and Probation.

   (2) Offical court reporters shall create an audio file of all court proceedings as a backup for producing transcripts, bills of exceptions and for validating notes.

   (3) Upon being appointed and by July 1 of each year, each official court reporter shall file a copy of the official court reporter's dictionary on the statewide electronic repository identified by the Administrative Office of the Courts and Probation.

   (4) Each official court reporter shall upload copies of all electronic files generated to capture the court record to the Administrative Office of the Courts and Probation centralized repository as provided for in the technology standards.

   (5) Official court reporters shall follow all technology standards approved by the Nebraska Supreme Court governing the capturing, storage, and retention of electronic files generated to capture the court record.

   (B) Official court reporters who meet the qualifications set forth in § 1-204(C):

   (1) Official court reporters shall only use ditigal recording software approved by the Administrative Office of the Court and Probation.

   (2) Each official court reporter shall upload copies of all electronic files generated to capture the court record to the Administrative Office of the Courts and Probation centralized repository as provided for in the technology standards.

   (3) Official court reporters shall follow all technology standards approved by the Nebraska Supreme Court governing the capturing, storage, and retention of electronic files generated to capture the court record.

   (C) Contracting official court reporters shall comply with all technology standards approved by the Nebraska Supreme Court governing the capturing, storage, and retention of electronic files generated to capture the court record.

§ 1-205 amended June 9, 2010; § 1-205 amended June 16, 2021, effective January 1, 2022.

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§ 1-206. Principal office location of court reporting personnel.

§ 1-206. Principal office location of court reporting personnel.

   In a multicounty district, the Nebraska Supreme Court will determine a courthouse in the judicial district to serve as the principal office location for the court reporting personnel.

§ 1-206 amended June 9, 2010; § 1-206 amended June 16, 2021, effective January 1, 2022.

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§ 1-207. Assignment of court reporting personnel.

§ 1-207. Assignment of court reporting personnel.

   (A) All court reporting personnel may be assigned by the Nebraska Supreme Court to perform duties on a temporary basis in any court in the state.

   (B) Any court reporting personnel assigned on a temporary basis pursuant to § 1-207(A) shall receive, in addition to a regular salary, reimbursement in accordance with the travel policies of the Administrative Office of the Courts and Probation.

§ 1-207 amended June 9, 2010; § 1-207 amended June 16, 2021, effective January 1, 2022.

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§ 1-208. Court reporting personnel acting when temporary judge presides.

§ 1-208. Court reporting personnel acting when temporary judge presides.

   In all matters heard by a temporary judge when acting in place of the appointing judge, the judges, in consultation with each other, will determine what court reporting personnel shall serve and perform in relation to such matters all duties required by law or these rules.

§ 1-208 amended June 9, 2010; § 1-208 amended June 16, 2021, effective January 1, 2022.

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§ 1-209. Reimbursement for travel expenses.

§ 1-209. Reimbursement for travel expenses.

   Court reporting personnel shall be reimbursed in accordance with the travel policies of the Administrative Office of the Courts and Probation.

§ 1-209 amended June 9, 2010; § 1-209 amended June 16, 2021, effective January 1, 2022.

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§ 1-210. Custody of trial records and documents.

§ 1-210. Custody of trial records and documents.

   (A) In addition to the requirements of § 1-205, all shorthand notes, audio recordings, log sheets, or any other material used in making the record in court shall be the property of the trial court. The originals shall remain in the custody of the court reporting personnel responsible for making such record until such time as that person leaves employment, that person's employment is terminated, or until that person is disabled or incapacitated. Upon the occurrence of any of the above, control of all such materials shall then be transferred to the clerk of the district court. All notes of court reporting personnel shall be marked on the first page with the name of court reporting personnel, date(s) of proceedings, case title(s), docket number(s), and "Criminal" if criminal cases were reported. Notes which contain criminal cases are to be separated and stored in separate filing equipment or storage boxes. Containers for permanent storage shall be marked with the year, type of notes (criminal or civil), and name of the court reporting personnel responsible for making such record. Court reporting personnel may, with the approval of the clerk of the district court, transfer permanent storage containers to the clerk of the district court at any time. Responsibility for the retrieval, research, and refiling of the notes contained in the storage files shall lie with such court reporting personnel or successor(s). Custody of any such materials may be assumed at any time by the judge in the event of failure on the part of the court reporting personnel to properly carry out duties as required by law, court rule, or direction of the appointing judge.

   (B) Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Nebraska Supreme Court or Nebraska Court of Appeals, all exhibits shall be retained by the court reporting personnel responsible for custody of the record until a matter is terminated, at which time responsibility for the safekeeping of such exhibits shall pass to the clerk of the district court, unless otherwise ordered by a district or separate juvenile court judge pursuant to law. Likewise, the responsibility for the safekeeping of all exhibits shall pass to the clerk of the district court at such time the court reporting personnel leaves employment, is terminated, or becomes disabled or incapacitated.

   (C) Upon the transfer of responsibility for the safekeeping of exhibits from the court reporting personnel to the clerk of the district court, the court reporting personnel shall ensure that all exhibits in each case are grouped together and shall state thereon the caption of the case, docket and page or case number, the date or dates of the trial or proceedings, and the name of the reporter or courtroom clerk. The court reporting personnel shall prepare in each case, for the signature of the clerk of the district court, a receipt acknowledging responsibility for the safekeeping of such materials. The original of the receipt shall be retained by the clerk.

   (D) Court reporting personnel in county courts shall refer to the Uniform County Court Rules of Practice and Procedure.

§ 1-210 amended June 9, 2010; § 1-210 amended June 16, 2021, effective January 1, 2022.

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§ 1-211. Freelance activities of court reporting personnel.

§ 1-211. Freelance activities of court reporting personnel.

   (A) Freelance reporting activities shall mean the reporting or transcription by court reporting personnel of oral statements from, including but not limited to: depositions; arbitrations; grand juries; mental health board hearings; any non-Judicial Branch public or private agency or organization hearing or meeting; or proceedings of any nature whatsoever, other than those required by these rules.

   (B) Except as provided for by these rules, court reporting personnel may engage in freelance reporting activities during normal working hours only if the court reporting personnel takes approved accrued leave and said activities are determined by the judge who appointed the court reporting personnel to be in the interest of the public, provided, however:

   (1) The taking of approved accrued leave shall not be required if the freelance activity occurs outside the court's normal working hours, while the court reporting personnel is on vacation leave, or while the court reporting personnel is taking compensatory time off.

   (2) Freelance reporting activities shall not be performed during any period in which the court reporting personnel is granted an extension to complete and file a bill of exceptions except for those activities related to the specific bill of exceptions for which the extension has been granted.

   (3) Freelance reporting activities shall not be performed when the presence of the court reporting personnel is required by these rules, by the judge who appointed the court reporting personnel, by said judge's substitute, by a judge to whom the court reporting personnel has been assigned by the Nebraska Supreme Court, or by the Nebraska Supreme Court.

   (C) All other outside employment during normal working hours is prohibited.

   (D) Court reporting personnel shall neither provide nor cause to be provided any public office space to any of the court reporting personnel's employees or associates.

   (E) Court reporting personnel shall not use any publicly-owned supplies or equipment in connection with any freelance reporting activity. Provided, however, that permission to utilize state-owned equipment for purposes outside the scope of court reporting personnel duties may be given by the Nebraska Supreme Court if: (1) the equipment is to be used for purposes of recording proceedings of other public entities; and (2) operation of the recording equipment by the court reporting personnel will not be during working hours nor in any other way interfere with the court reporting personnel's official responsibilities.

   (F) All approved accrued leave taken for the purpose of engaging in freelance activity shall be pre-approved by the supervising judge and in accordance with the leave policies of the Nebraska Supreme Court Personnel Policies and Procedures and recorded on the monthly timesheet. 

   (G) Court reporting personnel shall not be eligible for injury leave or workers' compensation benefits for injury sustained while on approved accrued leave.

   (H) Court reporting personnel shall not evade the provisions of this rule by contracting with substitute court reporting personnel to perform their official duty.

Rule 11(A), (B), and (F) amended June 19, 1996. Renumbered and codified as § 1-211, effective July 18, 2008; § 1-211 amended June 9, 2010; § 1-211(F) amended January 30, 2014; § 1-211 amended June 16, 2021, effective January 1, 2022.

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§ 1-212. Use of substitute reporter; alternative substitute.

§ 1-212. Use of substitute reporter; alternative substitute.

   (A) In the event an official court reporter voluntarily leaves employment; is terminated; is unavailable because of illness, disability, or incapacity; or is unavailable for any other reason, and where it would appear to not be practical or feasible to reassign another official court reporter on a temporary basis, the judge of such reporter, with the approval of the Nebraska Supreme Court, may designate or contract with a reporter having passed an examination at least as stringent as that described in § 1-204(B) or (C) or received approval from the Nebraska Supreme Court as described in § 1-204(D) to act as a substitute reporter.

   (B) The preparation of any bill of exceptions or transcript by any such substitute reporter shall be subject to the same rules and regulations as those governing permanently employed official reporters.

   (C) Payment to such contracted substitute reporter shall be on a contract basis at a rate determined by the Nebraska Supreme Court, and payment will be made only for the actual days such substitute reporter was required by the judge to be in attendance upon the court.

   (D) No contracted substitute reporter shall be entitled to any benefits ordinarily available to the official court reporter for whom he or she is substituting.

    (E) As an alternative to the provisions of § 1-212(A) through (D), the appointing judge of an official court reporter may also, on a temporary basis, either request from the Nebraska Supreme Court or designate with approval from the Nebraska Supreme Court other court personnel, as defined by § 1-204(A)(4), to operate multichannel digital recording equipment in his or her courtroom for the purpose of making the record of proceedings, so long as the court personnel meets the competency requirements of § 1-204(F).

§ 1-212 amended June 9, 2010; § 1-212(A) amended June 12, 2019; § 1-212 amended June 16, 2021, effective January 1, 2022.

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§ 1-213. Assignment of substitute courtroom clerk.

§ 1-213. Assignment of substitute courtroom clerk.

   In the event of the absence of a courtroom clerk, the appointing judge of such courtroom clerk may request from the Nebraska Supreme Court, any Nebraska Supreme Court employee meeting the competency requirements of § 1-204(F) to act as subtitute courtroom clerk. If such employee is not available, and where it would appear to not be practical or feasible to reassign an official court reporter on a temporary basis, the judge may designate or contract with a substitute reporter under the provisions of § 1-212 or, pursuant to § 1-201(A)(3), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of the courtroom clerk.

§ 1-213 amended June 16, 2021, effective January 1, 2022.

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§ 1-214. Leave applicable to court reporting personnel.

§ 1-214. Leave applicable to court reporting personnel.

   All leave, including holiday leave, vacation leave, sick leave, funeral leave, family leave, military leave, civil leave, injury leave, and workers' compensation disability leave, shall be taken as provided in the authorized leave policies of the Nebraska Supreme Court Personnel Policies and Procedures. Provided, however, that court reporting personnel shall take vacation at the same time as or at the discretion of the appointing judge. If the court reporting personnel is permitted to take vacation at a time other than when the appointing judge takes vacation and the services of substitute court reporting personnel are required by such judge, the court reporting personnel shall work with the Nebraska Supreme Court to find substitute court reporting personnel. The substitute court reporting personnel must have passed an examination at least as stringent as that described in § 1-204(B), (C) or (F) or received approval from the Nebraska Supreme Court as described in § 1-204(D). The arrangement may not be implemented unless first approved by the Nebraska Supreme Court.

§ 1-213 renumbered to § 1-214 and amended June 9, 2010; § 1-214 amended June 16, 2021, effective January 1, 2022.

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§ 1-215. Overtime applicable to official court reporters.

§ 1-215. Overtime applicable to official court reporters.

   (A) Overtime for official court reporters shall be earned and compensated for as provided in the overtime policies in the Nebraska Supreme Court Personnel Policies and Procedures, except as otherwise provided by the Court Reporter Fair Labor Amendments of 1995, 29 U.S.C. § 207(o)(6) and these rules. Except in cases of emergency, no overtime shall be approved during a workweek in which the reporter has engaged in freelance transcription under § 1-211(A).

   (B) Any hours spent performing transcription of court proceedings shall not be counted as "hours worked" for purposes of the overtime provisions of the Fair Labor Standards Act if:

   (1) The reporter is being paid not less than maximum per page rate established by § 1-218, or the per page rate freely negotiated between the reporter and the party requesting the transcript (other than the judge who presided over the proceedings), and

   (2) The hours spent performing such duties are outside the hours such reporter performs other work (including hours for which the court requires the reporter's attendance) pursuant to the employment relationship with the court; e.g., outside the court's normal working hours, vacation leave, compensatory time off, or official leave of absence.

Rule 14 adopted June 19, 1996; Rule 14(1) amended June 22, 2005. Renumbered and codified as § 1-214, effective July 18, 2008; § 1-214 renumbered to § 1-215 and amended June 9, 2010; § 1-215 amended June 16, 2021, effective January 1, 2022.

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§ 1-216. Preparation and delivery of bill of exceptions or transcription by another official court reporter.

§ 1-216. Preparation and delivery of bill of exceptions or transcription by another official court reporter.

   (A) In the event a bill of exceptions or transcription of a trial or proceeding is required after the official court reporter who reported the same has voluntarily left his or her position; has been terminated; is temporarily ill, disabled, or incapacitated; or for any other reason is unable to prepare the bill of exceptions or transcription, such bill of exceptions or transcription shall be prepared by a reporter as assigned by the Nebraska Supreme Court in consultation with the judge and may be the official court reporter who prepared the record, the successor, or a substitute.

   (B) In cases where a bill of exceptions or transcription is prepared by an official court reporter who did not make the actual record in court, the certificate shall set forth that the bill of exceptions or transcription was prepared from the record made by the unavailable reporter, and that the bill of exceptions or transcription is full, true, and correct to the best of the preparing reporter's ability to compile such bill of exceptions or transcription.

Rule 15 renumbered to Rule 16 June 19, 1996. Renumbered and codified as § 1-216, effective July 18, 2008; § 1-216 renumbered to § 1-217 and amended June 9, 2010; § 1-217 renumbered to § 1-216 and amended June 16, 2021, effective January 1, 2022.

 

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§ 1-217. Other related policies.

§ 1-217. Other related policies.

   The workplace harassment policy, the drug-free workplace policy, and the travel, furlough, use of social media, and information systems and security policies apply to all court reporting personnel. Copies of these policies are available through the Administrative Office of the Courts and Probation and are also printed in the Nebraska Supreme Court Personnel Policies and Procedures manual.

Rule 18 adopted February 10, 1999; Rule 17 deleted and Rule 18 renumbered to Rule 17 November 22, 2000. Renumbered and codified as § 1-217, effective July 18, 2008; § 1-217 renumbered to § 1-218 and amended on June 9, 2010; § 1-218 renumbered to § 1-217 and amended June 16, 2021, effective January 1, 2022.

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§ 1-218. Per-page compensation.

§ 1-218. Per-page compensation.

   The per-page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1140.09, shall be according to the fee schedule as recommended by the State Court Administrator and approved by the Nebraska Supreme Court on an annual basis.

Rule 18 adopted June 22, 2005. Renumbered and codified as § 1-218, effective July 18, 2008; § 1-218 renumbered to § 1-219 and amended June 9, 2010; § 1-219 renumbered to § 1-218 and amended June 16, 2021, effective January 1, 2022.

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