§ 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.