COURT REPORTER TRANSCRIPTS AND TAPES
(a) Applicability. This rule is applicable to court reporter transcripts and tapes relating to proceedings before the family and circuit court, to include proceedings before masters-in-equity. A court reporter for such a proceeding, regardless whether the court reporter is a Judicial Department employee or a private court reporter, shall comply with the requirements of this rule.
(b) Ordering Transcripts. Transcripts of proceedings which are needed for an appeal or appellate review of a post-conviction relief action before the Supreme Court or Court of Appeals shall be ordered as provided by Rules 207(a) or 243(b), SCACR. In all other cases, the request for the transcript shall be made, in writing, to the court reporter, and a copy of the request shall be served as provided by Rule 262(b), SCACR, on all parties to the proceeding which is to be transcribed and, if the transcript is requested for use in another case, on all parties in that case. A copy of the request shall also be provided to the Office of Court Administration. If the request is made by an attorney, the attorney shall provide copies of all correspondence via electronic means as specified in Rule 207(a)(7) and by Order of the Supreme Court. The names and addresses of all persons who are to be served with a copy shall be included on the request for the transcript. The court reporter must acknowledge receipt of the request by responding to the person making the request within five business days, and provide a copy to the Office of Court Administration as specified in Rule 207(a)(7) and by Order of the Supreme Court.
(c) Preparation of Transcript. The transcript shall be prepared in the manner prescribed by the Court Reporters Manual published by the Office of Court Administration.
(d) Delivery of Transcripts. A court reporter shall transcribe and deliver the transcript no later than sixty (60) days after the date of the request. Records shall be transcribed by the court reporter in the order in which the requests for transcripts are made; provided, however, that requests to transcribe post-conviction relief proceedings challenging a sentence of death shall be given priority as provided by S.C. Code Ann. § 17-27-160(E).
(e) Extension of Time to Deliver. If a court reporter anticipates continuous engagement in the performance of other official duties which make it impossible to prepare a transcript within the time specified in (d) above, the reporter shall promptly notify the Office of Court Administration by submitting a Court-approved Notice of Request for Extension form. The Office of Court Administration may grant up to three extensions for a total of up to ninety (90) days. Extensions in excess of ninety days (90) days shall not be allowed except by order of the Chief Justice.
(f) Notice of Extension. Upon the granting of any extension of time for delivery of the transcript, the Office of Court Administration shall notify the parties and, if the transcript has been requested for an appeal or other proceeding before the Supreme Court or the Court of Appeals, the Clerk of that Court.
(g) Failure to Receive Transcript. If the requesting party has not received the transcript within the allotted time nor received notification of an extension within ten (10) days after the allotted time, the requesting party shall notify, in writing, the Office of Court Administration, the court reporter and, if the transcript has been requested for an appeal or other proceeding before the Supreme Court or the Court of Appeals, the Clerk of that Court. If the request was made by an attorney, the attorney shall also provide notice via electronic means as provided in Rule 207(a)(7) and by Order of the Supreme Court.
(h) Fees for Transcription and Other Services.
(1) By Judicial Department Court Reporter. A court reporter shall receive the following fees:
(A) A fee of Four Dollars and Twenty-Five Cents ($4.25) per page for producing an original transcript.
(B) A fee of One Dollar ($1.00) per page for furnishing a copy of a previously prepared transcript.
(C) A fee of Two Dollars ($2.00) per page for each person receiving Real-time output when a Real-time Request is signed by the requestor.
(D) A fee of One Dollar and Fifty Cents ($1.50) per page for unedited (rough copy) ASCII Disks when no request for an original transcript has been made.
(E) A fee of Thirty-Five Dollars ($35) for edited ASCII disks. This service is only available to a requestor who has requested an original or a copy of the transcript.
(F) A fee of One Dollar and Fifty Cents ($1.50) per page for condensed transcripts, which contain no more than four pages of text. This service is only available to a requestor who has requested an original or a copy of the transcript.
(G) A fee of One Dollar ($1.00) per page for Keyword Indexing. This service is only available to a requestor who has requested an original or a copy of the transcript.
(H) A fee of Forty Dollars ($40) for e-mailed transcripts. This service is only available to a requestor who has requested an original or a copy of the transcript.
(I) A fee of Two Dollars ($2.00) per page for unedited (rough draft) e-mailed transcripts.
(J) The following per page costs apply to requests to produce a transcript on an expedited basis:
(i) A fee of Five Dollars ($5.00) for original transcripts delivered within seven days of the request and One Dollar ($1.00) for a copy.
(ii) A fee of Six Dollars ($6.00) for original transcripts delivered overnight and One Dollar and Twenty-Five Cents ($1.25) for a copy.
(iii) A fee of Seven Dollars ($7.00) for original transcripts delivered on a daily basis and One Dollar and Twenty-Five Cents ($1.25) for a copy.
(2) By Private Court Reporter. In the event the court reporter is not an employee of the Judicial Department, the fees to be charged shall be that agreed upon by the court reporter and the parties. The transcript produced by the Judicial Department court reporter is the official transcript.
(i) Retention of Tapes. Except as provided below, a court reporter shall retain the primary and backup tapes of a proceeding for a period of at least five (5) years after the date of the proceeding, and the court reporter may reuse or destroy the tapes after the expiration of that period. If the proceeding was a hearing or trial which lasted for more than one day, the time shall be computed from the last day of the hearing or trial. In any proceeding which has been transcribed on or after March 1, 2017, the court reporter shall retain the primary and backup tapes which have been transcribed for a period of at least one (1) year after the original transcript is sent to the requesting party, to allow any party to challenge the accuracy of the transcription. If no challenge is received by the court reporter within the one (1) year period, the tapes may be reused or destroyed.
(j) Failure to Comply. The wilful failure of a court reporter to comply with the provisions of this Rule shall constitute contempt of court enforceable by order of the Supreme Court.
Last amended by Order dated September 26, 2018, effective October 15, 2018.