CHAPTER 1. POWERS AND DUTIES
IC 33-41
ARTICLE 41. COURT REPORTERS
IC 33-41-1
Chapter 1. Powers and Duties
IC 33-41-1-1
Appointment and duties of official reporters
Sec. 1. (a) To facilitate and expedite the trial of causes, the judgeof each circuit, superior, probate, and juvenile court of each countyshall appoint an official reporter.
(b) The official reporter shall, when required by the recorder'sappointing judge, do the following:
(1) Be promptly present in the appointing judge's court.
(2) Record the oral evidence given in all causes by anyapproved method, including both questions and answers.
(3) Note all rulings of the judge concerning the admission andrejection of evidence and the objections and exceptions to theadmission and rejection of evidence.
(4) Write out the instructions of the court in jury trials.
(c) In counties in which the circuit or probate court sits as ajuvenile court, the official reporter of the circuit court or probatecourt, as the case may be:
(1) shall report the proceedings of the juvenile court as part ofthe reporter's duties as reporter of the circuit or probate court;and
(2) except as provided in subsection (d), may not receiveadditional compensation for the reporter's services for reportingthe proceedings of the juvenile court.
(d) In counties in which a circuit court has juvenile jurisdictionand where there is a juvenile referee and the circuit judge is the judgeof the juvenile court, the salary of the juvenile court reporter is onehundred twenty-five dollars ($125) per month in addition to anycompensation the reporter receives as reporter of the circuit court.
(e) The official reporters of juvenile courts shall:
(1) be paid the same amount for their services and in the samemanner;
(2) have the same duties; and
(3) be subject to the same restrictions;
as is provided for by law for the official reporters of the other courts.However, in a county having a population of more than two hundredfifty thousand (250,000), the judge of the juvenile court may appointcourt reporters as necessary for compliance with the law in regard tothe reporting of cases and facilitating and expediting the trial ofcauses, each of whom is entitled to receive a salary of at least threehundred dollars ($300) per month.
As added by P.L.98-2004, SEC.20. Amended by P.L.65-2004,SEC.21.
IC 33-41-1-2
Gender of appointee; child of judge
Sec. 2. (a) A person may not be considered ineligible to serve asofficial reporter because of the person's gender.
(b) A judge may not appoint the judge's son or daughter as anofficial reporter.
As added by P.L.98-2004, SEC.20.
IC 33-41-1-3
Oath of office
Sec. 3. At the time of appointment, an official reporter shall takean oath before an officer empowered to administer oaths to faithfullyperform his or her duties as an official reporter.
As added by P.L.98-2004, SEC.20.
IC 33-41-1-4
Removal from office; filling vacancy of office
Sec. 4. An official reporter may, at any time, be removed by thejudge of the court for which the reporter was appointed. In case of avacancy in the office of official reporter, the judge of the court inwhich the vacancy occurs shall fill the vacancy as soon after itsoccurrence as practicable.
As added by P.L.98-2004, SEC.20.
IC 33-41-1-5
Transcript of proceedings
Sec. 5. (a) If requested to do so, an official reporter shall furnishto either party in a cause a transcript of all or any part of theproceedings required by the reporter to be taken or noted, includingall documentary evidence.
(b) An official reporter shall furnish a typewritten or printedtranscript described in subsection (a) as soon after being requestedto do so as practicable.
(c) The reporter shall certify that the transcript contains all theevidence given in the cause.
(d) The reporter may require payment for a transcript, or that thepayment be satisfactorily secured, before the reporter proceeds to dothe required work.
As added by P.L.98-2004, SEC.20. Amended by P.L.65-2004,SEC.22.
IC 33-41-1-6
Powers of court reporter; taking examinations and depositions;bond; seal
Sec. 6. (a) Every official circuit, superior, criminal, probate,juvenile, and county court reporter appointed under section 1 of thischapter or IC 33-30-7-2 may do the following:
(1) Take and certify all acknowledgments of deeds, mortgages,or other instruments of writing required or authorized by law tobe acknowledged. (2) Administer oaths generally.
(3) Take and certify affidavits, examinations, and depositions.
(4) Perform any duty conferred upon a notary public by Indianastatutes.
(b) Any official reporter taking examinations and depositionsmay:
(1) take them in shorthand;
(2) transcribe them into typewriting or longhand; and
(3) have them signed by the deposing witness.
(c) Before performing any official duty as authorized, an officialreporter must:
(1) provide a bond as is required for notaries public; and
(2) procure a seal that will stamp a distinct impressionindicating the reporter's official character, to which may beadded any other device as the reporter chooses.
As added by P.L.98-2004, SEC.20.
IC 33-41-1-7
Small claims courts; transcript fee
Sec. 7. (a) This section applies to the small claims courtestablished under IC 33-34.
(b) The person who is designated by a judge of the court toprepare transcripts may collect a fee of not more than five dollars($5) for each transcript from a person who requests the preparationof a transcript.
As added by P.L.98-2004, SEC.20.