Close Close

Clerk Handbooks
Court Operating Rules



Section/Rule:
COR 5

Subject:
Court Operating Rule 5
Publication / Adopted Date:
August 21, 1995

Topic:
Sound Recording
Revised / Effective Date:
September 3, 2019
Court Operating Rule 5

5.01 Preserving the Record by Electronic Recording Devices
5.02 Judge Responsible for the Record
5.03 Maintenance and Security of Recordings and Logs
5.04 Request for Preparation of Transcript
5.05 Preparation of Felony Pleas
5.06 Preparation of Transcripts for Indigents
5.07 Certification of Transcript
5.08 Delivery of Completed Transcript
5.09 Payment of Transcript Costs
5.10 Copying of Recordings


5.01 PRESERVING THE RECORD BY ELECTRONIC RECORDING DEVICES

All electronic recording devices used to preserve the record shall meet the required specifications established by the Office of State Courts Administrator.

(Approved for publication August 21, 1995. Amended September 3, 2019.)

5.02 JUDGE RESPONSIBLE FOR THE RECORD

The judge or commissioner hearing the case shall be responsible for making the record in proceedings where electronic devices are used. The judge or commissioner may designate a clerk to act as the operator of the equipment. The operator shall operate the equipment in accordance with procedures established by the Office of State Courts Administrator.

(Approved for publication August 21, 1995. Amended September. 3, 2019.)

5.03 MAINTENANCE AND SECURITY OF RECORDINGS AND LOGS

All recordings and logs shall be maintained by the circuit clerk and shall be retained as required by Court Operating Rule 8.

(Approved for publication August 21, 1995. Amended effective February 22, 2000; amended effective September 3, 2019.)

5.04 REQUEST FOR PREPARATION OF TRANSCRIPT

(a) Upon receipt by the circuit clerk of a written request for preparation of a transcript from a case recorded by electronic sound recording, the clerk shall collect a deposit, if required, for the cost based upon the current statutory rate. The clerk shall then promptly order the transcript from the Office of State Courts Administrator or the official court reporter. The deposit shall be accounted for by the clerk as other costs in the case. State agencies shall pay the costs of preparing transcripts unless otherwise provided by law. State agencies are not required to make an advance deposit.
(b) The Office of State Courts Administrator, an approved contractor, or an official court reporter shall prepare all transcripts of cases recorded on electronic sound recordings.
(c) All Supreme Court rules applicable to the preparation, form, and content of transcripts prepared by an official court reporter shall apply to transcripts prepared from electronic recording devices.
(d) Pursuant to Supreme Court Rule 22.10, in all cases of homicide, a verbatim record of the testimony at the preliminary examination shall be made. It shall be transcribed upon the written request of the state or defendant. Costs for the preparation of a transcript shall be paid by the requesting party.
(e) All requests for the preparation of a transcript on appeal shall be made in a manner and within the time prescribed by Supreme Court Rule 81.12.

(Approved for publication August 21, 1995. Amended March 20, 2001, effective April 1, 2001; amended October 9, 2001, effective January 1, 2002; amended June 1, 2004, effective July 1, 2004; amended effective September 3, 2019.)

5.05 PREPARATION OF FELONY PLEAS

When a motion is filed under Rule 24.035 in a case recorded by electronic sound recording, the clerk shall order the transcript from the Office of State Courts Administrator pursuant to Supreme Court Rule 24.035(c).
The Office of State Courts Administrator shall not charge costs for the preparation of a transcript pursuant to Rule 24.03.

(Approved for publication August 21, 1995. Amended September 3, 2019.)

5.06 PREPARATION OF TRANSCRIPTS FOR INDIGENTS

(a) In a criminal case when an appeal is taken by the defendant and it appears to the satisfaction of the trial court that the defendant is unable to pay the costs of the transcript for the purpose of perfecting the appeal, the court shall order the same to be furnished. The transcript shall be prepared by the Office of State Courts Administrator, an approved contractor, or an official court reporter upon receipt of a copy of the order of indigency.
(b) In a civil case, pursuant to Section 514.040, RSMo the transcript shall be prepared by the Office of State Courts Administrator, an approved contractor, or an official court reporter upon receipt of a copy of the order of indigency. The cost shall be waived unless costs are recovered pursuant to Section 514.040, RSMo. The portion of the costs recovered which are associated with preparing the transcript shall be forwarded to the Office of State Courts Administrator.
(c) The cost of preparing transcripts in probate and juvenile matters shall be paid pursuant to Section 472.040 RSMo, and Sections 211.281, RSMo, and 211.462, RSMo, respectively.

(Approved for publication August 21, 1995. Amended October 9, 2001, effective January 1, 2002; amended June 1, 2004, effective July 1, 2004; amended effective September 3, 2019.)

5.07 CERTIFICATION OF TRANSCRIPT

(a) All transcripts prepared from a case recorded by electronic sound recording shall be certified by the transcriber as a true and accurate reproduction of the recording.
(b) If there is any dispute concerning the correctness of any transcript, or if the parties fail to agree within a reasonable time as to its correctness, the transcript shall be settled and approved by the trial court.

(Approved for publication August 21, 1995. Amended September 3, 2019.)

5.08 DELIVERY OF COMPLETED TRANSCRIPT

(a) The Office of State Courts Administrator or the official court reporter shall notify the clerk in writing of the actual cost of the transcript preparation, including transmittal costs, from a case recorded by electronic sound recording. If the actual cost is greater than the estimated cost on deposit, the clerk shall collect the difference before the transcript will be released to the requesting party. If the actual cost is less than the estimated cost on deposit, the clerk shall refund the difference to requesting party.
(b) After the preparation costs are paid, the Office of State Courts Administrator or the official court reporter shall deliver the transcript to the requesting party.

(Approved for publication August 21, 1995. Amended October 9, 2001, effective January 1, 2002; amended effective Sept. 3, 2019.)

5.09 PAYMENT OF TRANSCRIPT COSTS

The clerk shall remit payment in the amount of the actual cost of the transcript as contained on the statement provided by the Office of State Courts Administrator or the official court reporter. A payment remitted to the Office of State Courts Administrator shall be made payable to the State of Missouri.

(Approved for publication August 21, 1995. Amended October 9, 2001, effective January 1, 2002; amended effective September 3, 2019.)

5.10 COPYING OF RECORDINGS

(a) Except as provided in Court Operating Rule 5.10(b), any person may listen to the recording of a court proceeding under the direction and supervision of the responsible clerk, or request a copy of the recording.
(b) When the clerk is prohibited by section 595.226, RSMo, from releasing identifying information of a victim to the public, the clerk shall not allow a person to listen to the recording of the proceeding or provide a copy of the recording unless the requestor is a party or attorney in the case. With respect to any other requestor, and, at the requestor's expense, the proceeding shall be provided in redacted transcript format.
(c) Rules and fees governing the procedure for the listening to, or the copying of, a recording covered by Court Operating Rule 5.10 may be adopted by local rule.

(Approved for publication August 21, 1995. Amended effective August 26, 2008. correction August 13, 2018. amended effective September 3, 2019.)