Rule 1.10 - Court Reporters Notes, Electronic Recordings, Duties of Clerk and Reporters and Destruction of Notesa.Scope. This rule shall apply to all official court records as specified in the current Records Retention and Disposition Schedule of the Arizona Supreme Court, in any approved format recorded, to include electronic notes, in trials or proceedings in any division of this court or before any hearing officer.b.Responsibility of Court Reporters.(1)All Reporters. It shall be the responsibility of all reporters employed in any capacity by this court to be aware of and comply with all provisions of this rule. All court reporters, including per diem or contract reporters, shall keep the Clerk of the Superior Court advised of their current address and telephone number.(2)Official and Deputy Court Reporters. All official court reporters of this court shall be responsible for the safekeeping of their notes and the notes of their deputies until the notes have been delivered and accepted for storage by the Clerk of the Superior Court pursuant to this rule.(3)Per Diem Court Reporters. All court reporters employed by the court on a per diem or other contract basis shall retain physical possession of their notes while also ensuring their accessibility by the court. The notes shall be presented to the Clerk of the Superior Court for storage when the notes for a given case category completely fill a prescribed storage container or upon the reporter's permanently leaving the state of Arizona. The notes shall be presented to the Clerk of the Superior Court in the manner prescribed in paragraph d(1) of this section.c.Personal Storage of Notes by Official and Deputy Reporters. All reporters' notes which have not been stored with the Clerk of the Superior Court shall be kept by the reporter of the division in which the proceedings were reported.d.Storage of Notes with Clerk and Destruction of Notes.(1)Storage and Indexing. Not less than once each year, all reporters shall store with the Clerk of the Superior Court all notes which are more than two (2) years old. All court reporters who store their notes with the Clerk of the Superior Court as required by this rule shall place the notes in a carton prescribed by the Clerk of the Superior Court and approved and furnished by the Court Administrator. All reporters shall store juvenile, non-criminal, criminal and capital case proceeding notes in containers separate and apart from each other and shall identify the carton and its contents on a label affixed to the front of the storage container. The label shall be prescribed by the Clerk of the Superior Court and approved and furnished by the Court Administrator. All notes presented to the Clerk of the Superior Court shall be accompanied by a receipt prescribed and provided by the Clerk of the Superior Court. All notes shall be stored under the name of the reporter taking the notes, or by the name of the hearing officer when an electronic recording of the proceeding is the official court record.(2)Facilities and Procedures. All court reporters' notes in the custody of the Clerk of the Superior Court shall be stored in a secure location. The Clerk of the Superior Court shall store, catalog and index each reporters' notes so that they may be readily obtained.(3)Retrieval of Notes. A reporter or his/her designated representative or court administration custodian of electronic recordings may obtain access to their notes during normal working hours by notifying the Clerk of the Superior Court and presenting adequate identification. Advanced notification should be provided to ensure immediate access to the notes. A receipt shall be given for any notes removed and they shall be returned for storage within ninety (90) days unless this court grants an extension of time.(4)Destruction of Notes. All reporters' notes for non-criminal and probate proceedings in storage for more than five (5) years shall be destroyed by the Clerk of the Superior Court after giving thirty (30) days written notice by mail, directed to the reporter at the reporter's last known business address or place of residence. Prior to the date set for their destruction, the reporter may reclaim the notes by making a written request to the Clerk of the Superior Court. Notes of juvenile and criminal proceedings shall be stored for ten (10) years. Criminal capital case proceeding notes shall be stored for fifty (50) years following the date of sentencing.e.Termination of Employment. On termination of employment of any court reporter or deputy, the reporter or deputy, as the case may be, shall immediately deliver that reporter's or deputy's notes that are six (6) months or older as of the date of termination to be stored with the Clerk of the Superior Court and shall at all times keep the Clerk of the Superior Court advised of a current address and telephone number. The reporter or deputy may retain custody of any notes less than six (6) months old as of the date of termination for a period not to exceed one (1) year from the date of termination or until the reporter or deputy moves out of the state of Arizona, whichever occurs first, at which time the reporter or deputy shall deliver all remaining notes to the Clerk of the Superior Court in the manner prescribed in paragraph (d)(1).f.Certification of Compliance with Rule. All official reporters who are employed at an annual salary and paid on a regular basis by the county and who intend to terminate their employment shall give at least two (2) weeks' notice of such intention to the judge who engaged their services. That judge shall forthwith notify the Court Administrator to withhold any further pay to said reporter until receipt of certification of compliance with this rule.L. R. Prac. Sup. Ct. 1.10
Amended March 21, 1989, effective 5/1/1989; 5/6/1992, effective 12/1/1992; 6/12/2013, effective 7/1/2013.