The Board wanted to give you an update on the status of the pending rule petition before the Supreme Court. Public Comment closed on May 22nd and a big thank you goes out to everyone who posted something in support of court reporters on the Supreme Court Forum.

The Keeping the Record Committee (KTRC) met last Friday to review public comment that was filed. We also informed the members of the KTRC at this most recent meeting of developments that had occurred in Maricopa County Superior Court a few days prior. Maricopa County court reporters were told that there are a number of judges slated to leave the bench later this year and court admin. is looking at letting go the court reporters that are attached to those judges as they leave. The number discussed was potentially 10 reporter positions would disappear. Needless to say, this was a surprise to the official court reporters in Maricopa County who have been told that court reporter positions will only disappear due to attrition as the County continues to install more electronic-only courtrooms.

Committee member of Court of Appeals Judge Larry Winthrop responded in part by saying that Judge Colin Campbell appeared last year before the KTRC and stated that there would be no court reporter layoffs in Maricopa County.

Maricopa County representatives, including a gentleman from the Office of Management and Budget, appeared and expressed the opinion that they disagreed with the committee's presumption that court reporters should be considered the gold standard of record making. Justice Michael Ryan responded by explaining in detail all of the reasons why the committee has made that presumption, including the long history that court reporters have as part of the judicial system.

What actually will happen remains to be seen. The Supreme Court promulgates rules, and then Maricopa County has to implement and fund through their budget. Therein lies one of the biggest reasons for differences of opinion that occur between the Supreme Court and counties.

The proposed rule changes now go to the Arizona Judicial Council on June 19th in Tucson. The KTRC last Friday voted to proceed with the Reporter Resource Rule as they have proposed it, which includes five categories of proceedings in court where a court reporter would be required, i.e. grand jury proceedings. Maricopa County representatives at the meeting made a motion to delete the Reporter Resources Rules altogether so that there would be no restriction on where electronic-recording only could be used, but the motion failed with only, I believe, four people voting in favor.

A big part of the court rules is the absolute right of attorneys to request a reporter for their court proceedings, and that is what they are entitled to even now by statute. The biggest concern is that attorneys will request a reporter in court but the court will not maintain sufficient numbers of reporters to fill the requests.

ACRA will be represented at the AJC meeting on June 19th by our lobbyist John MacDonald and Vivian McClard and other board members who are able to attend so we can bring all of this to their attention as well. We will keep you informed as we go through each step of this process and will soon be asking for your help again to distribute information out in the legal community. Stay tuned....

Michele Balmer
President Elect

Effective this Friday, August 12: Any Arizona Certified Court Reporter (CCR) will now become a Certified Reporter (CR).

Why the change? The change is due to the passage of Senate Bill 1311 (the voicewriter bill) into law. The legislation changes the name of the Board from the Board of Court Reporters to the Board of Certified Reporters and the name of licensees to Certified Reporters rather than Certified Court Reporters.

What do I have to do now? From August 12 forward, the term “Certified Reporter” or “CR” and the reporter's certificate number must appear on the title or cover page of any transcript, on any business card, advertisement or letterhead, and on the certificate of any transcript.

BE SURE to make the changes on all your title pages and certificate pages plus any other pages or parentheticals that “Certified Court Reporter” or “CCR” might appear on.

But I’d rather be known as a “certified COURT reporter”: ACRA is going to request that the Arizona Administrative Office of the Courts include a change from “Certified Reporter” back to “Certified Court Reporter” in their legislative package for the 2006 legislative session. With passage of that bill, we’d be looking at next summer at the earliest for a return to “Certified Court Reporter.”

What about my existing cards, letterhead, etc.? ACRA asked this question at this Monday’s CCR board meeting. Could the word “court” simply be crossed out on preprinted business cards, advertisements, and letterhead to comply with the change? The CCR board wasn’t able to provide an immediate answer.

Where can I get more information? The CCR board plans to post information on this change on its web site, www.supreme.state.az.us/cr/ . The board may also send out e-mails to all certified reporters. You can contact Rhonda Simmons, Certified Reporter Program Coordinator, at (602) 364-0878.

REMEMBER: ACRA and the CCR Board are not connected. The CCR Board is a certifying/licensing program of the Arizona Supreme Court. ACRA is the Arizona Court Reporters Association, a professional association of Arizona reporters which is overseen by an all-volunteer board of directors.

Arizona Court Reporters Association

How Changes to Rule 30 Will Affect You and Your Business

On December 1, 2003, changes to the Rules regulating how depositions are taken in Arizona will take effect. ACRA has prepared this document highlighting the most important changes.

ACRA urges each and every one of you to thoroughly read through the rule change language as the following is only OUR interpretation of the changes to occur effective December 1, 2003.

The actual rule change language, in .pdf format, is also attached to this e-mail. This .pdf file can be printed out and taken with you to depositions. These rules are new to everyone, and questions will almost certainly come up during the next few months.

Click here for the PDF file.

The rule change language can also be found on the Supreme Court’s website at

http://www.supreme.state.az.us/rules/Recent_rules.htm.  On that page, click on R-02-0007.

Audio & Video Taping:

Depositions may be audio or videotaped, but a court reporter must be present to make a stenographic record.

"shall be recorded by stenographic means and may also be recorded by sound or sound-and-visual means." (Rule 30 (b)(4))

Please review the actual language in the Rule.

The language also indicates that attorneys now will have to include in their notice of deposition the method of recording, the identity of the person(s) recording the deposition, and other technical information requirements. It is not clear whether this pertains only to videographers or if reporters are included.

Read-and-Sign Procedures:

Arizona has adopted the language of the Federal rules for the reading and signing of depositions.

Effective December 1st, signature of a witness will only be required if requested by the deponent or a party prior to the completion of the deposition.

"If requested by the deponent or a party before the completion of the deposition, the deponent shall have 30 days . . . "

Certificate Page:

Rule 30(e) also requires that the reporter’s certificate page include language as to whether review was requested (or not) by the witness. ACRA believes that this language now needs to be included on the reporter’s certificate page. The following is an example of language that could be included as two check boxes on the certificate page:

( ) Pursuant to request, notification was provided that the deposition is available for review and signature;

( ) Deposition review and signature was not requested.

File Original in a Sealed Envelope:

Rule 30(f) Original transcripts will need to be transmitted in a sealed envelope to the attorney who arranged for the transcript.

Retain Stenographic Notes for Ten Years:

Rule 30(f)(2) Continue to retain all stenographic notes for a period of ten years.

Deposition Exhibits:

Rule 30(f)(1) provides that

"Documents and things produced for inspection during the examination of a witness must, upon the request of a party, be marked for identification and annexed to the deposition and may be inspected and copied by any party."

This seems to indicate that any party in attendance has the right to have any document or item marked for identification, upon request, even if another party does not concur.