Rule 9.2. Verbatim Report of Proceedings

(a) Transcription and Statement of Arrangements If the party seeking review intends to provide a verbatim report of proceedings, the party should arrange for transcription of and payment for the verbatim report of proceedings within 30 days after the notice of appeal was filed or discretionary review was granted. Per GR 35(e), the transcriptionist shall receive the electronic recording directly from the trial court. The party seeking review must file with the appellate court and serve on all parties of record and all named court reporters or authorized transcriptionists a statement that arrangements have been made for the transcription of the report and file proof of service with the appellate court. The statement must be filed within 30 days after the notice of appeal was filed or discretionary review was granted. The party must indicate the date that the report of proceedings was ordered, the financial arrangements that have been made for payment of transcription costs, the name of each court reporter or authorized transcriptionist preparing a verbatim report of proceedings, the volume number and hearing dates, and the trial court judge. If the verbatim report of proceedings will be prepared by more than one court reporter or authorized transcriptionist, the statement of arrangements shall include assigned page ranges in blocks of 500 pages for each date. If the party seeking review does not intend to provide a verbatim report of proceedings, a statement to that effect should be filed in lieu of a statement of arrangements within 30 days after the notice of appeal was filed or discretionary review was granted and served on all parties of record. Verbatim reports of proceedings must include a statement that conforms with GR 35(e).

(b) Content A party should arrange for the transcription of all those portions of the verbatim report of proceedings necessary to present the issues raised on review. If the party seeking review intends to urge that a verdict or finding of fact is not supported by the evidence, the party should include in the record all evidence relevant to the disputed verdict or finding. If the party seeking review intends to urge that the court erred in giving or failing to give an instruction, the party should include in the record all of the instructions given, the relevant instructions proposed, the party's objections to the instructions given, and the court's ruling on the objections. Unless the parties agree that a cost bill will not be filed under RAP 14.2, the party claiming indigency on appeal should include in the record all portions of the trial court proceedings relating to all trial court decisions on indigency and relating to any trial court decisions on the offender’s current or likely future ability to pay discretionary legal financial obligations.

(c) Notice of Partial Report of Proceedings and Issues If a party seeking review arranges for less than all of the verbatim report of proceedings, the party should include in the statement of arrangements a statement of the issues the party intends to present on review. Any other party who wishes to add to the verbatim report of proceedings should within 10 days after service of the statement of arrangements file and serve on all other parties and the court reporter or authorized transcriptionist a supplemental statement of arrangements which designates the additional parts of the verbatim report of proceedings and file proof of service with the appellate court. If the party seeking review refuses to provide the additional parts of the verbatim report of proceedings, the party seeking the additional parts may provide them at the party's own expense or apply to the trial court for an order requiring the party seeking review to pay for the additional parts of the verbatim report of proceedings.

(d) Payment of Expenses If a party either fails to make arrangements for payment of the costs of the verbatim report of proceedings at the time the verbatim report of proceedings is ordered or fails to make payment of completed verbatim report of proceedings and causes case delay, the party may be subject to sanctions as provided in rule 18.9.

(e) Volume, Title Pages, and Table of Contents The court reporter or other authorized transcriptionist shall create a separate volume for each date or partial date of the verbatim report of proceedings that is ordered. The reporter or transcriptionist shall include at the beginning of each volume a title page and a table of contents.

(1) The title page should include the following:

(A) Case name,

(B) Trial court and appellate cause numbers,

(C) Date(s) of hearings,

(D) Trial court judge(s),

(E) Names of attorneys at trial,

(F) Name, business address, and telephone number of each court reporter or other authorized transcriptionist,

(G) Volume number, and

(H) Designated page range and actual number of pages used.

(2) The table of contents shall follow the title page and shall indicate, under the headings listed below, the pages where the following appear:

(A) Proceedings The beginning of each proceeding and the nature of that proceeding;

(B) Testimony The testimony of each witness, the page where it begins, and the type of examination, i.e., direct, cross, re-direct, re-cross, and the page where the plaintiff rests and the defendant rests;

(C) Exhibits The admission into evidence of exhibits and depositions;

(D) Argument The pages where opening statements occur and the pages where closing arguments occur;

(E) Instructions All instructions proposed and given. Any other events should be listed under a suitable heading which would help the reviewing court locate separate parts of the verbatim report of proceedings.

(f) Form.

(1) Generally The verbatim report of proceedings shall be on 8 1/2- by 11-inch paper. Margins shall be lined 1 3/8 inches from the left and 5/8 inches from the right side of each page. Indentations from the left lined margin should be: 1 space for "Q" and "A"; 5 spaces for the body of the testimony; 8 spaces for commencement of a paragraph; and 10 spaces for quoted authority. Typing should be double spaced except that comments by the reporter should be single spaced. The page should have 25 lines of type. Type must be pica type or its equivalent with no more than 10 characters an inch.

(A) Witnesses Designated/Examination Indicate at the top or bottom of each page the name of the witness and whether the examination is on direct, cross, re-direct, re-cross, or rebuttal.

(B) Jury In/Out Indicate when the jury is present, when the jury leaves, and when the jury returns.

(C) Bench/Side Bar Conferences Designate whether a bench/side bar conference is on or off the record.

(D) Chamber Conferences If the conference is recorded, note the presence or absence of persons participating in chamber conferences.

(E) Speaker/Event Identification Identify speakers and events that occur throughout the proceedings in capital letters centered on the appropriate line. For example: recess/court reconvene; direct examination, cross examination, re-direct examination, re-cross examination, plaintiff rests; defendant’s evidence: direct examination, cross examination, re-direct examination, re-cross examination, defense rests; instructions, conference, closing arguments: for plaintiff, for defense, and rebuttal.

(2) Volume and Pages There shall be a separate volume of verbatim report of proceedings for each date transcribed. Pages in each volume of the verbatim report of proceedings shall be numbered consecutively and be arranged in chronologic order by date of hearing(s) requested in the statement of arrangements. References Form 15, Statement of Arrangements; Title 6, Acceptance of Review.