(A) The purpose of §§ 1-201 through 1-219 is to provide for the appointment of court reporting personnel, as defined in § 1-204(A)(1), to perform the duties required by Nebraska Supreme Court rules for the recording and preservation of evidence and preparation of bills of exceptions in all cases in the district and separate juvenile courts. As set forth below, court reporting personnel shall be appointed, designated, or in accordance with these rules contracted with, by a judge of the district or separate juvenile court to perform the duties required by these rules and all other Nebraska Supreme Court rules relating to the making, preserving, transcribing, and delivery of court records.

   (1) Appointment of official court reporters. Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district and separate juvenile court may appoint or, with approval from the State Court Administrator, may contract with one official court reporter to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such an official court reporter is an at-will employee of the Nebraska Supreme Court, subject to the Court’s general administrative authority pursuant to art. V, § 1, of the Nebraska Constitution, and serves at the pleasure of the appointing judge and the Nebraska Supreme Court, unless otherwise discharged from employment as provided in § 1-204(D).

   (2) Appointment of courtroom clerks. A judge of the district court and separate juvenile court may appoint a courtroom clerk to make, preserve, and deliver the record of the trial and other proceedings over which said judge presides using digital recording equipment provided by the Administrative Office of the Courts. Such courtroom clerk is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and State Court Administrator, and is subject to the Nebraska Supreme Court Personnel Policies & Procedures. The provisions of § 1-201(A)(2) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (3) Designating other court personnel to act as court reporting personnel. In his or her discretion, a judge opting to use digital recording equipment in his or her courtroom to make and preserve the record of a trial and other proceedings may, temporarily under § 1-213 or in lieu of appointing a courtroom clerk under § 1-201(A)(2), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of a courtroom clerk. The provisions of § 1-201(A)(3) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (B) Except as otherwise provided herein, if the office of the appointing judge is vacated, and the Judicial Resources Commission declares that a judicial vacancy exists in the affected district, the official court reporter or courtroom clerk may continue in that position until either reappointment by a successor judge or the appointment of replacement court reporting personnel.

   (C) If the office of the appointing judge is vacated and the Judicial Resources Commission determines that a judicial vacancy does not exist in the affected district, the official court reporter or courtroom clerk in such district shall vacate that position 90 days from the date of such determination by the commission.

Rule 1(A) through (C) amended February 28, 1996; Rule (A) amended June 5, 2002. Renumbered and codified as § 1-201, effective July 18, 2008; § 1-201 amended June 9, 2010.

   Court reporting personnel shall take the oath of office provided for judicial officers.

§ 1-202 amended June 9, 2010.

   Court reporting personnel are charged with a duty to comply with any Nebraska Supreme Court rule relating to official court reporters and courtroom clerks and, in accordance with the specific terms of such employment and qualifications, with the duty of making, preserving, transcribing, and/or delivering a verbatim record of all proceedings in the court to which they are appointed in accordance with Neb. Ct. R. App. P. § 2‑105. Except as otherwise directed by the State Court Administrator, all digital recordings made by courtroom clerks or other court personnel as defined in § 1-204(A)(4) shall be outsourced for transcription to privately contracted court transcribers who shall meet the minimum qualifications set forth in § 1-204(B)(2). Failure to comply with court rules may result in disciplinary action, including termination, by either the appointing judge or the Nebraska Supreme Court. In addition, court reporting personnel shall perform any other duties assigned by the appointing judge and shall, in accordance with the specific terms of such employment and qualifications:

   (A) On order of the trial judge, make or have made and file in the clerk's office a typewritten transcription of any trial or proceedings, or any part thereof, without expense to any party to the suit; such transcription shall be a part of the records in the case. An official court reporter or privately contracted court transcriber shall receive from the appropriate governmental unit the compensation specified below in § 1-219 for any such transcription ordered by a judge.

   (B) Upon request of counsel or any party to a suit, furnish to such counsel or party, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. An official court reporter or privately contracted court transcriber shall receive the compensation specified below in § 1-219 for any such transcription, except that when expedited, daily, or real-time delivery is requested, the official court reporter or privately contracted court transcriber and the requesting party may mutually agree to an amount to be paid for delivery of such transcription. Counsel or any party shall make satisfactory arrangements with the official court reporter or privately contracted court transcriber for payment. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211.

   (C) Upon request of any person not a party to a suit, if so approved by the trial judge, furnish to such person or have prepared for such person, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211. The compensation and payment therefor shall be as prescribed in § 1-203(B).

   (D) All verbatim transcriptions shall be certified by the person responsible for preparation of the verbatim transcription or the presiding judge to be true and correct.

Rule 3(A), (B), and (C) amended June 19, 1996; Rule 3 amended June 5, 2002; Rule 3(A) and (B) amended June 22, 2005; Rule 3(B) amended February 15, 2006. Renumbered and codified as § 1-203, effective July 18, 2008; § 1-203 amended June 9, 2010.

   (A)(1) Court reporting personnel. Court reporting personnel shall include official court reporters, courtroom clerks, and other court personnel as defined in § 1-204(A)(4) who, in whole or in part according to the terms of their employment, make, preserve, transcribe, and deliver the record of any trial and other proceeding in any district or separate juvenile court of Nebraska.

   (2) Official court reporter. An official court reporter shall be competent in the making, preserving, transcribing, and delivery of a verbatim record of trial and other proceedings through the use of either pen or machine shorthand or the use of multi-track recorders supplemented by logging procedures. An official court reporter shall meet all of the qualifications set forth in § 1-204(B)(1) and (2).

   (3) Courtroom clerk. A courtroom clerk shall be an individual employed by the court to record testimony by the use of digital recording equipment supplemented by logging procedures. A courtroom clerk shall be competent in the making and preserving of a verbatim record of a trial and other proceedings and shall meet the qualifications set forth in § 1-204(E).

   (4) Other court personnel. For purposes of these rules, “other court personnel” shall mean persons employed within the Nebraska court system who are under the control or supervision of the Nebraska Supreme Court or the designating judge and who have been trained in the use of digital recording equipment and meet the qualifications set forth in § 1-204(E).

   (B)(1) One's professional competence to serve as an official court reporter shall be demonstrated by having passed an examination conducted by such entities as the State Court Administrator may from time to time designate, which tests one's reporting skills and knowledge of spelling, grammar, and the reporting craft. The skills portion of the examination shall require the reporter, in the case of one using pen or machine shorthand, to report and transcribe, and in the case of one using a multi-track recorder to record and transcribe, each of three items of dictation consisting of (i) literary material, (ii) jury instructions, and (iii) two-voice testimony. Each dictation segment shall be of 5 minutes duration. In the case of one using pen or machine shorthand, the literary material must be reported at a rate of not less than 180 words per minute, the jury charge at not less than 200 words per minute, and the two-voice testimony at not less than 225 words per minute.

   (2) All of the dictated material must be transcribed with 95 percent accuracy in a period of not more than 3½ hours, during which time a dictionary may be used. In grading this portion of the test, a maximum of 45 errors is permitted on the literary material, a maximum of 50 errors is permitted on the jury charge, and a maximum of 57 errors is permitted on the two-voice testimony. The knowledge portion of the examination shall consist of not less than 100 written multiple-choice questions and must be passed with a score of not less than 70 percent in a period of time as determined by the examiner, but no more than 90 minutes per 100 questions. A dictionary may not be used during this portion of the examination.

   (C) No applicant for a position as an official court reporter may hereafter be initially appointed or reappointed following the taking of office by a judge succeeding the judge making the initial appointment unless the applicant shall first have met the above testing requirements.

   (D) After employment, an official court reporter may be required to undergo reexamination through testing substantially similar to that described in § 1-204(B) any time upon the request of the appointing judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to pass the reexamination shall constitute cause for the immediate discharge of the official court reporter from employment.

   (E) One’s professional competence to serve as a courtroom clerk shall be demonstrated by the following minimum criteria and competency requirements:

   (1) successful completion of training on use and maintenance of digital recording equipment;

   (2) ability to promptly diagnose and correct routine malfunctions;

   (3) proficiency in note taking and logging procedures;

   (4) knowledge of courtroom procedures and legal vocabulary; and

   (5) knowledge of the proper admission of exhibits to be included in the bill of exceptions.

   (F) After employment, the courtroom clerk may be required to undergo a competency evaluation based on the criteria found in § 1-204(E) at any time upon the request of the judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to meet such competency criteria shall constitute cause for action pursuant to the Nebraska Supreme Court Personnel Policies & Procedures.

Rule 4(B) amended February 23, 2006. Renumbered and codified as § 1-204, effective July 18, 2008; § 1-204 amended June 9, 2010.

   The place of residence of the official court reporter or courtroom clerk shall be determined by the appointing judge.

§ 1-205 amended June 9, 2010.

   Each judge, in a district where the judge and official court reporter or courtroom clerk do not reside in the same county, shall designate, if a multicounty district, a courthouse in the judicial district to serve as the principal office location for the judge and a courthouse in the judicial district to serve as the principal office location for the court reporting personnel.

§ 1-206 amended June 9, 2010.

   (A) All court reporting personnel may be assigned by the State Court Administrator to perform duties on a temporary basis in any court in the state.

   (B) Any court reporting personnel assigned on a temporary basis pursuant to § 1-207(A) shall receive, in addition to a regular salary, reimbursement for all necessary and actual expenses incurred, in conformance with the travel policies of the Administrative Office of the Courts. Mileage in such instances will be paid to and from the place of residence of the assigned court reporting personnel.

§ 1-207 amended June 9, 2010.

   Unless otherwise directed by the appointing judge, court reporting personnel shall serve as such in all matters heard by another judge when acting in place of the appointing judge, and shall perform in relation to such matters all the duties required by law or these rules.

§ 1-208 amended June 9, 2010.

   Court reporting personnel shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement shall be in accordance with the travel policies of the Administrative Office of the Courts.

§ 1-209 amended June 9, 2010.

   (A) All shorthand notes, tape recordings, log sheets, or any other material used in making the record in court shall be the property of the trial court and shall, unless otherwise ordered or directed by the judge for whom the record is made, remain in the custody of the court reporting personnel responsible for making such record until such time as that person's employment is terminated, or until disabled or incapacitated. Upon the occurrence of any of the above, control of all such materials shall then be transferred to the clerk of the district court. All notes of court reporting personnel shall be marked on the first page with the name of court reporting personnel, date(s) of proceedings, case title(s), docket number(s), and "Criminal" if criminal cases were reported. Notes which contain criminal cases are to be separated and stored in separate filing equipment or storage boxes. Containers for permanent storage shall be marked with the year, type of notes (criminal or civil), and name of the court reporting personnel responsible for making such record. Court reporting personnel may, with the approval of the clerk of the district court, transfer permanent storage containers to the clerk of the district court at any time. Responsibility for the retrieval, research, and refiling of the notes contained in the storage files shall lie with such court reporting personnel or successor(s). Custody of any such materials may be assumed at any time by the judge in the event of failure on the part of the court reporting personnel to properly carry out duties as required by law, court rule, or direction of the appointing judge.

   (B) Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Nebraska Supreme Court or Court of Appeals, all exhibits shall be retained by the court reporting personnel responsible for custody of the record until a matter is terminated, at which time responsibility for the safekeeping of such exhibits shall pass to the clerk of the district court, unless otherwise ordered by a district judge pursuant to law. Likewise, the responsibility for the safekeeping of all exhibits shall pass to the clerk of the district court upon termination of employment of the court reporting personnel for whatever reason.

   (C) Upon the transfer of responsibility for the safekeeping of exhibits from the court reporting personnel to the clerk of the district court, the court reporting personnel shall ensure that all exhibits in each case are grouped together and shall state thereon the caption of the case, docket and page or case number, the date or dates of the trial or proceedings, and the name of the reporter or courtroom clerk. The court reporting personnel shall prepare in each case, for the signature of the clerk of the district court, a receipt acknowledging responsibility for the safekeeping of such materials. The original of the receipt shall be retained by the clerk.

§ 1-210 amended June 9, 2010.

   (A) Freelance reporting activities shall mean the reporting or transcription by an official court reporter of oral statements or proceedings of any nature whatsoever, other than those required by these rules, those specifically requested by the judge who appointed the reporter, or for said judge's substitute, or by the State Court Administrator.

   (B) Except as provided for by these rules, an official court reporter may engage in freelance reporting activities during normal working hours if, and only if, the reporter takes leave without pay and said activities are determined by the judge who appointed the reporter to be in the interest of the public, provided, however:

   (1) The taking of leave without pay shall not be required if the freelance activity occurs during a reporter's lunch hour, while the reporter is on vacation leave, or while the reporter is taking compensatory time off.

   (2) Freelance reporting activities shall not be performed during any period in which the reporter is granted an extension to complete and file a bill of exceptions except for those activities related to the specific bill of exceptions for which the extension has been granted.

   (3)(i) Freelance reporting activities shall not be performed when the presence of the official court reporter is required by these rules, by the judge who appointed the reporter, by said judge's substitute, or by a judge to whom the reporter has been assigned by the State Court Administrator except, however, transcription described in § 1-203(B) or (C) may be performed during this time if the appointing judge or judge's substitute determines such transcription is in the best interests of the public, and the time spent at such transcription is not in conflict with any other duties of the official court reporter.

   (ii) If the reporter's full-time presence is not required by the appointing judge or judge's substitute during normal working hours, the reporter may, without taking leave without pay, engage in transcription described in § 1-203(B) or (C) only.

   (C) All other outside employment during normal working hours is prohibited.

   (D) An official court reporter shall neither provide nor cause to be provided any public office space to any of the reporter's employees or associates.

   (E) An official court reporter shall not use any publicly-owned supplies or equipment in connection with any freelance reporting activity. Provided, however, that permission to utilize state-owned equipment for purposes outside the scope of official court reporting duties may be given by the Nebraska Supreme Court if: (1) the equipment is to be used for purposes of recording proceedings of other public entities; (2) operation of the recording equipment by the reporter will not be during working hours nor in any other way interfere with the reporter's official responsibilities; and (3) payment of $10 to the State of Nebraska, through the office of the State Court Administrator, is made from any such public entity for each day or any part thereof that the equipment is used.

   (F) All leave without pay taken for the purpose of engaging in freelance activity shall be recorded on the monthly timesheet. The amount of income and the leave earnings on the following month's paycheck shall be adjusted to reflect any time recorded on the timesheet as leave without pay. Hours spent in transcription preparation under § 1-211(B)(3) during normal working hours shall be recorded on the monthly timesheet (Appendix 1).

   (G) An official court reporter shall not be eligible for injury leave or workers' compensation benefits for injury sustained while on leave without pay.

   (H) An official court reporter shall not evade the provisions of this rule by employing a substitute court reporter to perform any official duty.

Rule 11(A), (B), and (F) amended June 19, 1996. Renumbered and codified as § 2-211, effective July 18, 2008; § 1-211 amended June 9, 2010.

   (A) In the event of illness or disability of an official court reporter, and where it would appear to not be practical or feasible to reassign another official court reporter on a temporary basis, the judge of the ill or disabled reporter, with the approval of the State Court Administrator, may designate a reporter having passed an examination at least as stringent as that described in § 1-204(B)(1) and (2) to act as a substitute reporter, at state expense.

   (B) The preparation of any bill of exceptions or transcript by any such substitute reporter shall be subject to the same rules and regulations as those governing permanently employed official reporters.

   (C) Payment to such temporarily employed substitute reporter shall be on a per diem basis, and payment will be made only for the actual days such substitute reporter was required by the judge to be in attendance upon the court. Per diem payment may not be in excess of that figure which the ill or disabled reporter's gross monthly salary amounts to if computed on a per diem basis.

   (D) No substitute reporter shall be entitled to sick leave or any other benefits ordinarily available to the official court reporter for whom he or she is substituting.

   (E) Actual and necessary expenses, including mileage reimbursement, shall be paid to such substitute reporter under the same terms and conditions as those payments are then being made to the official court reporter for whom he or she is substituting.

   (F) Any additional reimbursements to a substitute reporter may only be made with the prior approval of the State Court Administrator.

   (G) As an alternative to the provisions of § 1-212(A) through (F), the appointing judge of an official court reporter may also, on a temporary basis, either request from the Administrative Office of the Courts or designate other court personnel, as defined by § 1-204(A)(4), to operate digital recording equipment in his or her courtroom for the purpose of making the record of proceedings.

§ 1-212 amended June 9, 2010.

   In the event of the absence of a courtroom clerk, the appointing judge of such courtroom clerk may request from the Administrative Office of the Courts, any Nebraska Supreme Court employee meeting the competency requirements of § 1-204(E) to act as a substitute courtroom clerk. If such employee is not available, and where it would appear to not be practical or feasible to reassign an official court reporter on a temporary basis, the judge may designate a substitute reporter under the provisions of § 1-212 or, pursuant to § 1-201(A)(3), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of the courtroom clerk.

§ 1-213 adopted June 9, 2010.

   All leave, including holiday leave, vacation leave, sick leave, funeral leave, family leave, military leave, civil leave, injury leave, and workers' compensation disability leave, shall be taken as provided in the authorized leave policies of the Nebraska Supreme Court Personnel Policies & Procedures. Provided, however, that an official court reporter shall take vacation at the same time as or at the discretion of the appointing judge. If the reporter is permitted to take vacation at a time other than when the appointing judge takes vacation and the services of a substitute reporter are required by such judge, it shall be the obligation of the official court reporter taking vacation to arrange for the services of a substitute reporter at no cost to the State, unless otherwise determined by the State Court Administrator. The substitute reporter must have passed an examination at least as stringent as that described in § 1-204(B). The arrangement may not be implemented unless first approved by the State Court Administrator.

§ 1-213 renumbered to § 1-214 and amended June 9, 2010.

   (A) Overtime for official court reporters shall be earned and compensated for as provided in the overtime policies in the Nebraska Supreme Court Personnel Policies & Procedures, except as otherwise provided by the Court Reporter Fair Labor Amendments of 1995, 29 U.S.C. § 270(o)(6) and these rules. Except in cases of emergency, no overtime shall be approved during a workweek in which the reporter has engaged in freelance transcription under § 1-211(B)(3).

   (B) Any hours spent performing "freelance" transcription of court proceedings shall not be counted as "hours worked" for purposes of the overtime provisions of the Fair Labor Standards Act if:

   (1) the reporter is being paid not less than maximum per page rate established by § 1-219, or the per page rate freely negotiated between the reporter and the party requesting the transcript (other than the judge who presided over the proceedings), and

   (2) the hours spent performing such duties are outside the hours such reporter performs other work (including hours for which the court requires the reporter's attendance) pursuant to the employment relationship with the court; e.g., leave without pay, lunch hours, vacation leave, compensatory time off, or time where the reporter's attendance at any designated workplace is not required by the appointing judge, the judge's substitute, or the State Court Administrator.

Rule 14 adopted June 19, 1996; Rule 14(1) amended June 22, 2005. Renumbered and codified as § 1-214, effective July 18, 2008; § 1-214 renumbered to § 1-215 and amended June 9, 2010.

   There shall be an organization called the Nebraska Official Court Reporters Association, which shall consist of all official court reporters. This organization shall have as its purpose the improvement of court reporting in this state, by providing a forum for the exchange of ideas and to educate all reporters to more adequately and expeditiously handle the reporting needs of this state. The association shall adopt bylaws consistent with these rules, providing for the election of a president and such other officers as the association determines appropriate. The association shall have at least one meeting per year, which shall serve as an education seminar as provided by Judicial Branch Education, unless such annual meeting is canceled or suspended by order or direction of the Nebraska Supreme Court.

   If the judge who appointed the reporter requires the presence of an official court reporter during the time of the educational seminar, a substitute may be designated to replace the official court reporter while attending the seminar. This shall be at state expense.

Rule 14 renumbered to Rule 15 June 19, 1996; Rule 15 amended September 10, 1998; Rule 15 amended March 19, 2003; Rule 15 amended February 1, 2006; Rule 15 amended June 25, 2008, effective July 9, 2008. Renumbered and codified as § 1-215, effective July 18, 2008; § 1-215 renumbered to § 1-216 and amended June 9, 2010.

   (A) In the event a bill of exceptions or transcription of a trial or proceeding is required after an official court reporter who reported the same has left his or her position, but who retains residency in this state, such bill of exceptions or transcription shall be prepared by that person, under the same requirements, time limitations, and rate of compensation as that in existence for official court reporters.

   (B) In the event a bill of exceptions or transcription of some trial or proceeding is required after the official court reporter who reported the same has left his or her position, and who no longer is a resident of this state, such bill of exceptions or transcription shall be prepared by the successor reporter, provided the same method of recording court proceedings is employed by such successor reporter.

   (C) There shall be established within the Nebraska Official Court Reporters Association a committee of official court reporters whose function will be, in the event the provisions of § 1-217(A) and (B) cannot be implemented, to prepare any bill of exceptions or transcription required.

   (D) In the event a bill of exceptions or transcription of some trial or proceeding is required, but the official court reporter who reported the same is temporarily ill or disabled to the extent that delivery of the same would be unduly delayed, then the provisions of § 1-217(C) shall become effective.

   (E) In cases where a bill of exceptions or transcription is prepared by an official court reporter who did not make the actual record in court, the certificate shall set forth that the bill of exceptions or transcription was prepared from the record made by the unavailable reporter, and that the bill of exceptions or transcription is full, true, and correct to the best of the preparing reporter's ability to compile such bill of exceptions or transcription.

Rule 15 renumbered to Rule 16 June 19, 1996. Renumbered and codified as § 1-216, effective July 18, 2008; § 1-216 renumbered to § 1-217 and amended June 9, 2010.

   The workplace harassment policy, the drug-free workplace policy, and travel policies apply to all court reporting personnel. Copies of these policies are available through the Administrative Office of the Courts and are also printed in the Nebraska Supreme Court Personnel Policies & Procedures manual.

Rule 18 adopted February 10, 1999; Rule 17 deleted and Rule 18 renumbered to Rule 17 November 22, 2000. Renumbered and codified as § 1‑217, effective July 18, 2008; § 1-217 renumbered to § 1-218 and amended on June 9, 2010.

   Effective June 8, 2005, the per-page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1140.09, shall be $3.25 per page for an original copy of a bill of exceptions and 50 cents per page for each additional copy, with numbering to begin with the cover page.

Rule 18 adopted June 22, 2005. Renumbered and codified as § 1-218, effective July 18, 2008; § 1-218 renumbered to § 1-219 and amended June 9, 2010.