N.M. R. Rcdg. Jud. Proc. 22-206

As amended through August 23, 2024

Rule 22-206 - Official court reporters and court monitors; appointment; duties; records; termination of contract

A.Appointment. Subject to Rule 22-301 NMRA, each district court may appoint official court reporters or court monitors. The Supreme Court or the district court may, by order, approve pooling by reporters and monitors within a judicial district under the supervision of a managing reporter who shall be responsible for supervision of the court reporters and court monitors within the district. A contract reporter shall not serve as a managing reporter.

B.Court monitor duties. Official court reporters may also serve as court monitors and record judicial proceedings in those cases in which an audio recording is permitted and shall comply with all court rules and directions and all board-approved manuals in preparing the tape or audio logs.

C.Office. The official court reporter or court monitor shall be provided with the office space, equipment and supplies necessary for the reporting or recording of judicial proceedings as well as the necessary equipment for transcription of the judicial proceedings. The use of state-owned equipment and supplies and state-employed personnel for free-lance reporting or recording is prohibited.

The provision of necessary office space, equipment and supplies shall be subject to standardized contract approved by the Supreme Court with official court reporters who perform services under contract.

D.Records. If stenographic notes, computer or audio tapes or other audio recordings containing the record of judicial proceedings and evidence taken by an official court reporter or court monitor are to be transcribed, a copy of the record, in American Standard Code of Information Interchange ("ASCII") format, shall be filed with the court clerk of the court in which the proceeding is docketed. The record shall be stored on a compact disc capable of being read or accessed on a CD-ROM which meets ISO 9660 standards or on other data storage media used by the courts. Video tapes filed with the court shall be in a format used by the courts. The maintenance, storage, distribution and reproduction of such notes, tapes, records, disks, discs and documents, including all exhibits and other evidence, shall be handled in the manner prescribed by the Administrative Office of the Courts. Disposition of such records shall be in accordance with the disposition schedules approved by the records retention and disposition schedule approved by the Supreme Court.

E.Termination of employment. Official reporters leaving employment with the district court are to have all stenographic or electronic notes numerically logged by date and deposited with the court clerk prior to leaving. Court monitors leaving employment with the district court are to have all audio recordings and logs bound by date and deposited with the court clerk prior to leaving. All district court cases stenographically taken are to be stored on disks or on other data storage media used by the courts and filed with the district court clerk before departure. An ASCII backup of the reporter's dictionary shall be stored with the district court clerk.

All disks, stenographic notes and tapes or other recordings of district court cases are the property of the district court.

Upon termination from district court employment, the reporter or monitor shall leave a current telephone number and address with the district court clerk and the court administrator. It is the reporter's or monitor's responsibility to inform the district court clerk of changes of address or telephone number. Arrangements for transcript production by reporters no longer employed with district court shall be made through the district court clerk.

When the reporter is unavailable, the court administrator shall make arrangements for production of the transcripts pursuant to the Rules of Appellate Procedure.

Transcripts produced after termination of employment shall be produced at the prevailing compensatory rate set by these rules.

F.Other duties. Any time that an official court reporter or court monitor is not required to take proceedings, or prepare transcripts of official judicial proceedings in indigent cases or for court use, or other specific duties assigned by the chief judge, presiding judge, court administrator or managing reporter, the court reporter or court monitor may be assigned other court duties as required by Section 34-6-20 NMSA 1978, unless the reporter or court monitor has been granted approved leave. The chief judge, presiding judge, court administrator or managing reporter of the district court shall have the authority to reassign temporarily the official court reporter or court monitor within the judicial district to act as reporter or monitor for another judge or to perform duties required by Subsection B of Section 34-6-20 NMSA 1978.

G.Outside reporting. Subject to the licensing requirements of these rules, an official court reporter or court monitor may engage in outside reporting or recording duties if the following criteria are met:

(1) the chief judge, presiding judge, court administrator or managing reporter has given express authorization;

(2) the reporter's or monitor's official work is caught up and no transcripts are being prepared in which an extension of time has been granted by any court; and

(3) the reporter or monitor has been authorized to take annual leave during the time the outside work is scheduled unless:

(a) the outside work is scheduled during hours that the court is not open for business; or

(b) the reporter or monitor has been granted time off in compensation for overtime previously worked.

N.M. R. Rcdg. Jud. Proc. 22-206

Adopted, effective 1/1/1983; as amended, effective 12/1/1993;2/16/2004.

ANNOTATIONS The 2003 amendment, effective February 16, 2004, added "and court monitors; appointment; duties; records; termination of contract" in the heading of the rule, deleted former Paragraph A defining "official court reporter," redesignated former Paragraphs B through H as present Paragraphs A through G, in Paragraph A substituted "subject to Rule 22-301 NMRA, each district court" for "each district judge" and "who shall be responsible for supervision of the court reporters and court monitors within the district" for "approved by the Supreme Court" and added the last sentence, in Paragraph B substituted "court" for "tape" in the introductory language and "may also serve as court" for "shall serve also as tape," "an audio recording is permitted" for "a tape recording is required," and "and all board approved manuals in preparing the tape or audio" for "in preparing the tape," substituted "court" for "tape" and inserted "reporting or" in the first sentence of Paragraph C, rewrote Paragraph D, in Paragraph E substituted "termination of employment" for "stenographic notes" in the introductory language, inserted "or electronic" in the first sentence, inserted the second sentence, substituted "disks or on other data storage" for "disk where applicable" in the third sentence, and added the fourth sentence of the first paragraph, inserted "or other recordings" in the second paragraph, inserted "or monitor" in the first sentence and "or monitor's" in the second sentence, substituted "or" for "and" preceding "telephone" in that sentence of the third paragraph and "when" for "where" in the next to last paragraph, substituted "court" for "tape" three times in the first sentence and inserted "presiding judge" in both sentences of Paragraph F, and in Paragraph G added "subject to the licensing requirements of these rules, substituted "court" for "tape," and inserted "or recording" in the introductory paragraph, and substituted "chief judge, presiding" for "district" in Subparagraph (1). The 1993 amendment, effective December 1, 1993, added the language beginning "or performs" at the end of Paragraph A; rewrote Paragraph B which read "Each district judge may appoint one official reporter or tape monitor"; deleted former Paragraphs C and D relating to substitute reporters or monitors and designations; redesignated former Paragraphs E and F as Paragraphs C and D and made stylistic changes; added the second paragraph of Paragraph D; redesignated former Paragraph G as paragraph E and inserted "stenographic", "disks converted to American Standard Code of Information Interchange ('ASCII'), the original disks containing all judicial proceedings", "disks, ASCII disks, ASCII copies of documents such as exhibits" and "district court"; added Paragraph F; redesignated fromer Paragraph H as Paragraph G and substituted "official court reporter" in two places, substituted "chief judge, court administrator or managing reporter" for "district judge" and "presiding judge" and made stylistic changes; and redesignated former Paragraph I as Paragraph H and substituted "An official" for "No official" at the beginning, "if the following criteria are met" for "unless" at the end of the introductory language, inserted "court administrator or managing reporter" in Subparagraph H(1), and deleted former Subparagraph H(2) relating to reassignment and redesignated the remaining subparagraphs accordingly.