Rule 13 — Court Reporters and Court Recorders

13.1.  Duties of Court Reporters and Recorders
The official court reporter or court recorder must:
(a) unless excused by agreement of the parties,
attend court sessions and make a full record
of the proceedings;
(b) take all exhibits offered in evidence during  a
proceeding and ensure that they are marked;
(c) file all exhibits with the trial court clerk after
a proceeding ends;
(d) perform the duties prescribed by Rules 34.6
and 35; and
(e) perform  other  acts  relating  to  the  reporter's
or recorder's official duties, as the trial court
directs.
13.2.  Additional Duties of Court Recorder
The official court recorder must also:
(a) ensure that the recording system functions
properly throughout the proceeding and that
a complete, clear, and transcribable recording
is made;
(b) make a detailed, legible log of all proceedings
being recorded, showing:
(1) the number and style of the case before
the court;
(2) the name of each person speaking;
(3) the event being recorded such as the voir
dire, the opening statement, direct and
cross-
examinations,
and
bench
conferences;
(4) each exhibit offered, admitted, or
excluded;
(5) the time of day of each event; and
(6) the index number on the recording
device showing where each event is
recorded;
(c) after a proceeding ends,  file  with  the  clerk
the original log;
(d) have the original recording stored to ensure
that it is preserved and is accessible; and
(e) ensure that no one gains access to the original
recording without the court's written order.
13.3.  Priorities of Reporters
The trial court must help ensure that the court
reporter's work is timely accomplished by setting work
priorities. The reporter's duties relating to proceedings
before the court take preference over other work.
13.4.  Report of Reporters
To aid the trial court in setting priorities under
13.3, each court reporter must give the trial court a
monthly written report showing the amount and nature
of the business pending in the reporter's office. A copy
of this report must be filed with the appellate clerk of
each district in which the court sits.
13.5.  Appointing Deputy Reporter
When the official court reporter is unable to
perform the duties in 13.1 or 13.2 because of illness,
press of official work, or unavoidable absence or
disability, the trial court may designate a deputy
reporter.  If the court appoints a deputy reporter, that
person must file with the trial court clerk a document
stating:
(a) the date the deputy worked;
(b) the court in which the deputy worked;
(c) the number and style of the case on which the
deputy worked; and
(d) the
deputy’s
name,
mailing
address,
telephone number, fax number, if any, email
address, and Certified Shorthand Reporter
number.
13.6.  Filing of Notes in a Criminal Case
When a defendant is convicted and sentenced, or
is granted deferred adjudication for a felony other than
a state jail felony, and does not appeal, the court
reporter must — within 20 days after the time to
perfect the appeal has expired — file the untranscribed
notes or the original recording of the proceeding with
the trial court clerk. The trial court clerk need not
retain the notes beyond 15 years of their filing date.

Comment to 1997 change: Former Rules 11 and
12 are merged. Former Rules 11(a), (c) and (d) now
appear as subdivisions 13.1, 13.5 and 13.6. Former
Rule 11(b) is omitted as unnecessary. The provisions
of former Rule 12(a) are moved to Rule 35.3.   Former
Rules 12(b) and (c) now appear as subdivisions 13.3
and 13.4. The rule is made to apply to court recorders
as well as court reporters. Paragraph 13.1(a) merges
paragraphs (a)(1) and (2) of former Rule 11, and now
requires the reporter to make a record of voir dire and
closing argument unless excused by agreement of the
parties. Paragraph 13.1(b) is new, but codifies current
practice. Subdivision 13.2 is new and specifies rules
for electronic recording of proceedings. A provision
requiring a deputy court reporter to file with the trial
court clerk a document identifying the proceedings in
which the reporter worked is included in paragraph
13.5. Other changes are made.
Comment to 2002 change: Subdivision 13.1(a) is
amended merely for clarification.