Florida Judicial Administration Rule 2.535
RULE 2.535. COURT REPORTING
(a) Definitions.
(1) “Approved court reporter” means a court employee
or contractor who performs court reporting services, including
transcription, at public expense and who meets the court’s
certification, training, and other qualifications for court reporting.
(2) “Approved transcriptionist” means a court
employee, contractor, or other individual who performs
transcription services at public expense and who meets the court’s
certification, training, and other qualifications for transcribing
proceedings.
(3) “Civil court reporter” means a court reporter who
performs court reporting services in civil proceedings not required
to be reported at public expense, and who meets the court’s
certification, training, and other qualifications for court reporting.
(4) “Court reporting” means the act of making a
verbatim record of the spoken word, whether by the use of written
symbols, stenomask equipment, stenographic equipment, or
electronic devices, in any proceedings pending in any of the courts
of this state, including all related discovery, any proceedings
reported for the court’s own use, and all proceedings required by
statute to be reported by an approved court reporter or civil court
reporter. It does not mean the act of taking witness statements not
intended for use in court as substantive evidence.
(5) “Electronic record” means the audio, analog, digital,
or video record of a court proceeding.
(6) “Official record” means the transcript, which is the
written or electronically stored record of court proceedings and
depositions prepared in accordance with the requirements of
subdivision (f).
(b) Court Reporting in Proceedings Not Required to be
Reported at Public Expense. Any proceeding that is not required
to be reported at public expense may be reported on the request of
any party. The requesting party must engage and pay the fees of a
court reporter, but this requirement does not preclude the taxation
of costs as authorized by law.
(c) Record. When trial proceedings are being reported, no
part of the proceedings is omitted unless all of the parties agree and
the court approves the agreement. When a deposition is being
reported, no part of the proceedings may be omitted unless all of
the parties and the witness agree. When a party or a witness seeks
to terminate or suspend the taking of a deposition for the time
necessary to seek a court order, the court reporter must
discontinue reporting the testimony of the witness.
(d) Ownership of Records. The chief judge of the circuit in
which a proceeding is pending, in the chief judge’s official capacity,
is the owner of all records and electronic records made by an
approved court reporter or quasi-judicial officer in proceedings
required to be reported at public expense and proceedings reported
for the court’s own use.
(e) Fees. The chief judge has the discretion to adopt an
administrative order establishing maximum fees for court reporting
services. The order must make a specific factual finding that the
setting of maximum fees is necessary to ensure access to the
courts. Findings must include consideration of the number of court
reporters in the county or circuit, any past history of fee schedules,
and any other relevant factors.
(f) Transcripts.
(1) Transcripts of all judicial proceedings and depositions
must be uniform in and for all courts throughout the state and
must be stored sufficient to communicate the information contained
in proceedings in a readable format, and capable of being
transmitted electronically in Portable Document Format (“PDF”) in
compliance with all requirements set by the portal or other
authorized electronic filing system.
(2) The form of all transcripts must conform to the
following requirements:
(A) Transcripts must be printable on paper 8 1/2
inches by 11 inches in size.
(B) Each page must contain no fewer than 25
printed lines consecutively numbered, with no more than a double
space between lines.
(C) Font size or print shall be 9 or 10 pica, 12-
point courier, or 12-point Times New Roman print with no less than
56 characters per line on questions and answers unless the text of
the speaker ends short of marginal requirements.
(D) Colloquy must begin on the same line following
the identification of the speaker, with no more than 2 spaces
between the identification of the speaker and the commencement of
the colloquy. The identification of the speaker in colloquy must
begin no more than 10 spaces from the left margin, and carry-over
colloquy must be indented no more than 5 spaces from the left
margin.
(E) Each question and answer must begin on a
separate line no more than 5 spaces from the left margin with no
more than 5 spaces from the “Q” or “A” to the text. Carry-over
question and answer lines must be brought to the left margin.
(F) Quoted material must begin no more than 10
spaces from the left margin with carry-over lines beginning no more
than 10 spaces from the left margin.
(G) Indentations of no more than 10 spaces may
be used for paragraphs, and all spaces on a line must be used
unless the text of the speaker ends short of marginal requirements.
(H) One-line parentheticals may begin at any
indentation. Parentheticals exceeding 1 line must begin no more
than 10 spaces from the left margin, with carry-over lines being
returned to the left margin.
(3) Deviation from these standards is not grounds for
limiting use of transcripts in court proceedings.
(g) Officers of the Court. Approved court reporters, civil
court reporters, and approved transcriptionists are officers of the
court for all purposes while acting as court reporters in judicial
proceedings or discovery proceedings or as transcriptionists.
Approved court reporters, civil court reporters, and approved
transcriptionists must comply with all rules and statutes governing
the proceeding that are applicable to court reporters and approved
transcriptionists.
(h) Court Reporting Services at Public Expense.
(1) When Reporting Is Required. All proceedings
required to be reported by law, court rule, or administrative order
are reported at public expense.
(2) When Reporting May Be Required. Proceedings
reported for the court’s own use may be reported at public expense.
(3) Circuit Plan. The chief judge must enter an
administrative order developing and implementing a circuit-wide
plan for the court reporting of all proceedings required to be
reported at public expense using either full or part-time court
employees or independent contractors after consultation with the
circuit court and county court judges in the circuit. The plan must
ensure that all court-required reporting services are provided by
approved court reporters or approved transcriptionists. This plan
may provide for multiple service delivery strategies if they are
necessary to ensure the efficient provision of court reporting
services. Each circuit’s plan for court reporting services is developed
after consideration of guidelines issued by the Office of the State
Courts Administrator.
(4) Electronic Recording and Transcription of
Proceedings Without Court Reporters. A chief judge may enter and
must have recorded a circuit-wide administrative order authorizing
the electronic recording and subsequent transcription by approved
court reporters or approved transcriptionists, of any judicial
proceedings, including depositions, that are otherwise required to
be reported by a court reporter. Appropriate procedures prescribed
in the order must include:
(A) responsibilities for the court’s support
personnel to ensure a reliable record of the proceedings;
(B) a means to have the recording transcribed by
approved court reporters or approved transcriptionists, either in
whole or in part, when necessary for an appeal or for further use in
the trial court; and
(C) the safekeeping of the recordings.
(5) Safeguarding Confidential Communications When
Electronic Recording Equipment Is Used in the Courtroom.
(A) Court personnel must provide notice to
participants in a courtroom proceeding that electronic recording
equipment is in use and the participants should safeguard
information they do not want recorded.
(B) Attorneys must take all reasonable and
available precautions to protect disclosure of confidential
communications in the courtroom. Precautions may include muting
microphones or going to a designated location that is inaccessible to
the recording equipment.
(C) Participants have a duty to protect confidential
information.
(6) Grand Jury Proceedings. Testimony in grand jury
proceedings must be reported by an approved court reporter, but
cannot be transcribed unless required by court order. Other parts
of grand jury proceedings, including deliberations and voting, must
not be reported. The approved court reporter’s work product,
including stenographic notes, electronic recordings, and
transcripts, are filed with the clerk of the court under seal.
(i) Court Reporting Services in Capital Cases. The chief
judge enters an administrative order developing and implementing a
circuit-wide plan for court reporting in all trials in which the state
seeks the death penalty and in capital postconviction proceedings
after consultation with the circuit court judges in the circuit. The
plan must prohibit the use of digital court reporting as the court
reporting system and require the use of all measures necessary to
expedite the preparation of the transcript including, but not limited
to, the:
(1) use of an approved court reporter who has the
capacity to provide real-time transcription of the proceedings, if
available;
(2) use of a computer-aided transcription qualified
court reporter if real-time transcription services are not available;
(3) use of scopists, text editors, alternating court
reporters, or other means to expedite the finalization of the certified
transcript; and
(4) imposition of reasonable restrictions on work
assignments by employee or contract approved court reporters to
ensure that transcript production in capital cases is given a
priority.
(j) Juvenile Dependency and Termination of Parental
Rights Cases. Transcription of hearings for appeals of orders in
juvenile dependency and termination of parental rights cases are
given priority, consistent with rule 2.215(g), over transcription of all
other proceedings, unless otherwise ordered by the court based
upon a demonstrated exigency.
Committee Note
The definitions of “electronic record” in subdivision (a)(5) and
of “official record” in subdivision (a)(6) are intended to clarify that
when a court proceeding is electronically recorded by means of
audio, analog, digital, or video equipment, and is also recorded via a
written transcript prepared by a court reporter, the written
transcript is the “official record” of the proceeding to the exclusion
of all electronic records. While the term “record” is used within Rule
2.535 and within Fla. R. App. P. 9.200, it has a different meaning
within the unique context of each rule. Accordingly, the meaning of
the term “record” as defined for purposes of this rule does not in
any way alter, amend, change, or conflict with the meaning of the
term “record” as defined for appellate purposes in Fla. R. App. P.
9.200(a).
(a) Definitions.
(1) “Approved court reporter” means a court employee
or contractor who performs court reporting services, including
transcription, at public expense and who meets the court’s
certification, training, and other qualifications for court reporting.
(2) “Approved transcriptionist” means a court
employee, contractor, or other individual who performs
transcription services at public expense and who meets the court’s
certification, training, and other qualifications for transcribing
proceedings.
(3) “Civil court reporter” means a court reporter who
performs court reporting services in civil proceedings not required
to be reported at public expense, and who meets the court’s
certification, training, and other qualifications for court reporting.
(4) “Court reporting” means the act of making a
verbatim record of the spoken word, whether by the use of written
symbols, stenomask equipment, stenographic equipment, or
electronic devices, in any proceedings pending in any of the courts
of this state, including all related discovery, any proceedings
reported for the court’s own use, and all proceedings required by
statute to be reported by an approved court reporter or civil court
reporter. It does not mean the act of taking witness statements not
intended for use in court as substantive evidence.
(5) “Electronic record” means the audio, analog, digital,
or video record of a court proceeding.
(6) “Official record” means the transcript, which is the
written or electronically stored record of court proceedings and
depositions prepared in accordance with the requirements of
subdivision (f).
(b) Court Reporting in Proceedings Not Required to be
Reported at Public Expense. Any proceeding that is not required
to be reported at public expense may be reported on the request of
any party. The requesting party must engage and pay the fees of a
court reporter, but this requirement does not preclude the taxation
of costs as authorized by law.
(c) Record. When trial proceedings are being reported, no
part of the proceedings is omitted unless all of the parties agree and
the court approves the agreement. When a deposition is being
reported, no part of the proceedings may be omitted unless all of
the parties and the witness agree. When a party or a witness seeks
to terminate or suspend the taking of a deposition for the time
necessary to seek a court order, the court reporter must
discontinue reporting the testimony of the witness.
(d) Ownership of Records. The chief judge of the circuit in
which a proceeding is pending, in the chief judge’s official capacity,
is the owner of all records and electronic records made by an
approved court reporter or quasi-judicial officer in proceedings
required to be reported at public expense and proceedings reported
for the court’s own use.
(e) Fees. The chief judge has the discretion to adopt an
administrative order establishing maximum fees for court reporting
services. The order must make a specific factual finding that the
setting of maximum fees is necessary to ensure access to the
courts. Findings must include consideration of the number of court
reporters in the county or circuit, any past history of fee schedules,
and any other relevant factors.
(f) Transcripts.
(1) Transcripts of all judicial proceedings and depositions
must be uniform in and for all courts throughout the state and
must be stored sufficient to communicate the information contained
in proceedings in a readable format, and capable of being
transmitted electronically in Portable Document Format (“PDF”) in
compliance with all requirements set by the portal or other
authorized electronic filing system.
(2) The form of all transcripts must conform to the
following requirements:
(A) Transcripts must be printable on paper 8 1/2
inches by 11 inches in size.
(B) Each page must contain no fewer than 25
printed lines consecutively numbered, with no more than a double
space between lines.
(C) Font size or print shall be 9 or 10 pica, 12-
point courier, or 12-point Times New Roman print with no less than
56 characters per line on questions and answers unless the text of
the speaker ends short of marginal requirements.
(D) Colloquy must begin on the same line following
the identification of the speaker, with no more than 2 spaces
between the identification of the speaker and the commencement of
the colloquy. The identification of the speaker in colloquy must
begin no more than 10 spaces from the left margin, and carry-over
colloquy must be indented no more than 5 spaces from the left
margin.
(E) Each question and answer must begin on a
separate line no more than 5 spaces from the left margin with no
more than 5 spaces from the “Q” or “A” to the text. Carry-over
question and answer lines must be brought to the left margin.
(F) Quoted material must begin no more than 10
spaces from the left margin with carry-over lines beginning no more
than 10 spaces from the left margin.
(G) Indentations of no more than 10 spaces may
be used for paragraphs, and all spaces on a line must be used
unless the text of the speaker ends short of marginal requirements.
(H) One-line parentheticals may begin at any
indentation. Parentheticals exceeding 1 line must begin no more
than 10 spaces from the left margin, with carry-over lines being
returned to the left margin.
(3) Deviation from these standards is not grounds for
limiting use of transcripts in court proceedings.
(g) Officers of the Court. Approved court reporters, civil
court reporters, and approved transcriptionists are officers of the
court for all purposes while acting as court reporters in judicial
proceedings or discovery proceedings or as transcriptionists.
Approved court reporters, civil court reporters, and approved
transcriptionists must comply with all rules and statutes governing
the proceeding that are applicable to court reporters and approved
transcriptionists.
(h) Court Reporting Services at Public Expense.
(1) When Reporting Is Required. All proceedings
required to be reported by law, court rule, or administrative order
are reported at public expense.
(2) When Reporting May Be Required. Proceedings
reported for the court’s own use may be reported at public expense.
(3) Circuit Plan. The chief judge must enter an
administrative order developing and implementing a circuit-wide
plan for the court reporting of all proceedings required to be
reported at public expense using either full or part-time court
employees or independent contractors after consultation with the
circuit court and county court judges in the circuit. The plan must
ensure that all court-required reporting services are provided by
approved court reporters or approved transcriptionists. This plan
may provide for multiple service delivery strategies if they are
necessary to ensure the efficient provision of court reporting
services. Each circuit’s plan for court reporting services is developed
after consideration of guidelines issued by the Office of the State
Courts Administrator.
(4) Electronic Recording and Transcription of
Proceedings Without Court Reporters. A chief judge may enter and
must have recorded a circuit-wide administrative order authorizing
the electronic recording and subsequent transcription by approved
court reporters or approved transcriptionists, of any judicial
proceedings, including depositions, that are otherwise required to
be reported by a court reporter. Appropriate procedures prescribed
in the order must include:
(A) responsibilities for the court’s support
personnel to ensure a reliable record of the proceedings;
(B) a means to have the recording transcribed by
approved court reporters or approved transcriptionists, either in
whole or in part, when necessary for an appeal or for further use in
the trial court; and
(C) the safekeeping of the recordings.
(5) Safeguarding Confidential Communications When
Electronic Recording Equipment Is Used in the Courtroom.
(A) Court personnel must provide notice to
participants in a courtroom proceeding that electronic recording
equipment is in use and the participants should safeguard
information they do not want recorded.
(B) Attorneys must take all reasonable and
available precautions to protect disclosure of confidential
communications in the courtroom. Precautions may include muting
microphones or going to a designated location that is inaccessible to
the recording equipment.
(C) Participants have a duty to protect confidential
information.
(6) Grand Jury Proceedings. Testimony in grand jury
proceedings must be reported by an approved court reporter, but
cannot be transcribed unless required by court order. Other parts
of grand jury proceedings, including deliberations and voting, must
not be reported. The approved court reporter’s work product,
including stenographic notes, electronic recordings, and
transcripts, are filed with the clerk of the court under seal.
(i) Court Reporting Services in Capital Cases. The chief
judge enters an administrative order developing and implementing a
circuit-wide plan for court reporting in all trials in which the state
seeks the death penalty and in capital postconviction proceedings
after consultation with the circuit court judges in the circuit. The
plan must prohibit the use of digital court reporting as the court
reporting system and require the use of all measures necessary to
expedite the preparation of the transcript including, but not limited
to, the:
(1) use of an approved court reporter who has the
capacity to provide real-time transcription of the proceedings, if
available;
(2) use of a computer-aided transcription qualified
court reporter if real-time transcription services are not available;
(3) use of scopists, text editors, alternating court
reporters, or other means to expedite the finalization of the certified
transcript; and
(4) imposition of reasonable restrictions on work
assignments by employee or contract approved court reporters to
ensure that transcript production in capital cases is given a
priority.
(j) Juvenile Dependency and Termination of Parental
Rights Cases. Transcription of hearings for appeals of orders in
juvenile dependency and termination of parental rights cases are
given priority, consistent with rule 2.215(g), over transcription of all
other proceedings, unless otherwise ordered by the court based
upon a demonstrated exigency.
Committee Note
The definitions of “electronic record” in subdivision (a)(5) and
of “official record” in subdivision (a)(6) are intended to clarify that
when a court proceeding is electronically recorded by means of
audio, analog, digital, or video equipment, and is also recorded via a
written transcript prepared by a court reporter, the written
transcript is the “official record” of the proceeding to the exclusion
of all electronic records. While the term “record” is used within Rule
2.535 and within Fla. R. App. P. 9.200, it has a different meaning
within the unique context of each rule. Accordingly, the meaning of
the term “record” as defined for purposes of this rule does not in
any way alter, amend, change, or conflict with the meaning of the
term “record” as defined for appellate purposes in Fla. R. App. P.
9.200(a).