Ill. R. Cir. Ct. Lake Cnty. 1-1.08

As amended through December 2, 2024

Rule 1-1.08 - Court Reporters

A. Employees

(1) All court reporting services employees are under the authority of the Chief Judge and the Court Reporting Services Supervisor

designated by the Chief Judge and serve at the pleasure of the Chief Judge. Whether titled as a court reporter or specialist, both shall be identified as court reporters for purposes of this rule.

(2) The number of court reporters designated to serve the circuit shall be determined by the Chief Judge, with the aid and

concurrence of the Conference of Chief Judge's Court Reporting Executive Committee.

(3) The Chief Judge shall appoint employees to vacant court reporter positions consistent with Supreme Court Rule 46 and

the most recent version of the Administrative Regulations for Court Reporting Services in Illinois Courts.

B. Assignments

(1) Assignment of all official court reporters in the circuit is at the discretion of the Chief Judge.

(2) Only one court reporter shall be used at any one time.

(3) The Court will provide court reporters in the following criminal, quasi-criminal, or Juvenile Court proceedings:

(a) Jury and bench trials and evidentiary proceedings in felony cases and misdemeanor cases where incarceration may result;

(b) All criminal proceedings under Supreme Court Rules 401 and 402 in which a court reporter is required;

(c) Felony sentencing hearings and misdemeanor sentencing hearings in which incarceration may result;

(d) Post-conviction matters;

(e) Juvenile Court proceedings other than reviews, status hearings and hearings set solely to change or to determine dates of future hearings;

(f) Indirect criminal contempt proceedings;

(g) Any other proceeding required by Supreme Court Rule.

(4) The Court may provide court reporters in the following civil proceedings unless the Court directs or authorizes the parties in

advance of hearing or trial to provide a private court reporter:

(a) Domestic relations prove-ups and pre-judgment trials;

(b) Chancery trials, excluding foreclosures and excluding mechanic's lien and other lien cases where the amount in controversy

does not exceed $15,000.00;

(c) Jury and bench trials in law division cases;

(d) Trials and evidentiary hearings in paternity matters for the determination of parentage;

(e) Hearings on petitions for adjudication of disability and for appointment of a guardian of the estate, or person, or both, held in

petitions regarding disabled adults pursuant to the Probate Act;

(f) Hearings on petitions for involuntary civil commitments and on petitions for discharge following any commitment.

(5) Unless ordered by the Court, no court reporter will be provided for the following proceedings:

(a) Civil motions and petitions, including without limitation those involving testimony;

(b) Voir dire and reading of instructions to the jury in civil cases;

(c) Civil bench and jury trials in SC, LM and other cases wherein the amount in controversy does not exceed $50,000;

(d) Foreclosure proceedings;

(e) Mechanic's lien and other lien cases where the amount in controversy does not exceed $15,000.00;

(f) Motions and other issues during jury deliberations, taking of the verdict, and polling of the jury in civil cases and criminal

cases in which no incarceration may result;

(g) Traffic, misdemeanor, conservation and ordinance cases in which no incarceration may result;

(h) Proceedings for the collection or enforcement of Judgments, fines or costs;

(i) Probate matters, except as noted under paragraph 4 of this Rule;

(j) Post-Judgment family court proceedings.

(k) Where an official court reporter is not furnished by the Court under paragraph 4 and the parties have not been given reasonable notice of the unavailability of an official court reporter, such unavailability may be grounds for a continuance. In those cases where the Court does not provide an official court reporter under paragraph 5, unavailability of a court reporter shall not be grounds for a continuance.

(l) In cases where an official court reporter is not furnished by the Court, parties may employ a private court reporter upon approval of the Court and under the following conditions:

i. The party providing the court reporter shall inform the clerk of the court reporter's name, address, reporting firm and State of Illinois license number before commencing;

ii. The court reporter station in the courtroom shall be used;

iii. Any disagreement among the parties concerning qualifications of or which party's court reporter shall be used shall be presented to the Court for ruling as in all other motions;

iv. Such other terms and conditions as the Court deems appropriate.

C. Electronic Recording

(1) Per Supreme Court Rule 46, electronic court reporting systems have been approved for use and installed in this Circuit, and court reporting employees shall be assigned to be trained and certified to operate the electronic recording systems.

(2) The production of the physical medium storing the electronic recording of any court proceedings shall be monitored by trained court reporting employees who shall certify that each retained electronic recording was fully and accurately recorded at the time and place indicated. Said certification shall be affixed to and accompany the electronic recording medium, and the medium shall be securely preserved in an unaltered and unalterable condition.

(3) Digital computer recordings of testimony are created for only one purpose. That purpose is to preserve the words spoken in formal courtroom proceedings, hearings and trials in a particular case, so that a written transcript of the official court record may be subsequently produced. The digital computer recordings are owned by the Circuit Court of the 19th Judicial Circuit and may only be used pursuant to this Order.

(4) Any spoken words in the courtroom that are not a part of a proceeding, hearing or trial of a specific case are not intended recordings; other than by authorized operators of the electronic recording system to orient themselves on recording content, they may not be listened to or used in any way.

(5) Playback of any portion of the computer recording of a proceeding, hearing or trial of a specific case is authorized in the following situations:

(a) During the proceeding, hearing or trial at the direction of the Judge, if such playback in the courtroom is available.

(b) By a court reporting employee for the purpose of creating a transcript as the Official Record.

(c) At the direction of the Court for the use of the Court.

(6) In all other instances, the contents of the electronic recording medium shall be disseminated by written transcript only, which transcript and not the medium, shall be the official court record. Only the Chief Judge may authorize exceptions to these rules upon good cause shown.

D. Transcripts

1. All requests for transcripts shall be addressed to the 19th Circuit Court Reporter Supervisor in writing, shall specify the portion of the proceedings to be transcribed, and a copy of the request shall be filed by the party requesting it within the court file. If a transcript of all or part of a proceeding is ordered, the party or attorney shall order an original to be filed with the Court and the original shall be filed with the Court by the court reporter before copies are delivered to the parties and the attorneys.

2. Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule and administrative regulation and shall utilize the following certification:

I, __________, certify the foregoing to be a true and accurate transcript of the electronic recording of the proceeding of the above entitled cause, which recording contained the operator's certification as required by Supreme Court Rule 46.

_______________

(Signature)

_________________

(License or Restricted License Number)

Date: ________

3. If the accuracy of a certified transcript is questioned, the procedure outlined in Supreme Court Rule 329 shall be followed. If the accuracy of a certified transcript generated from the electronic recording system is questioned, the following procedure shall be used:

(a) Every challenged portion of the transcript shall be identified in writing and provided to the Court Reporter Supervisor. A copy of the challenged portion of the transcript shall be given to the certifying court reporting services employee to make the necessary corrections.

(b) If the certifying court reporting services employee and the person challenging the transcript's accuracy cannot agree upon the challenged portions, those portions shall be identified in writing and provided to the Court Reporter Supervisor .

(c) The Court Reporter Supervisor shall cause identified portions to be reviewed against the archived electronic recording for accuracy and designate necessary corrections to be made by the certifying court reporting services employee.

(d) If the certifying court reporting services employee, in good faith, is unable to certify the corrections designated, the dispute will be placed before the judge that heard the transcribed proceeding, with notice to all necessary parties.

(e) The certifying court reporting services employee shall personally appear and present the questioned transcript. The Court Reporter Supervisor shall present the disputed corrections, along with a digital recording of the proceedings. The judge shall review the material presented, make any necessary changes in the certifying reporter's transcript, and issue a court order certifying the transcript as accurate.

E. This Rule applies in both the case of official court reporters and private court reporters.

F.Unless specifically authorized by court order to the contrary, only a transcript certified by one of the official court reporting services employees of this Circuit or, as authorized by the Court, a private certified court reporter is the Official Record. The Official Record shall be given preference for use in all courtrooms and as a part of the Record on Appeal for any case from this Circuit.

Ill. R. Cir. Ct. Lake Cnty. 1-1.08

Amended effective 3/20/2017; amended effective 1/9/2024.