Cite as 2020 Ark. 407
SUPREME COURT OF ARKANSAS
Opinion Delivered: December 3, 2020
IN RE IMPLEMENTATION OF
REVISED ADMINISTRATIVE
ORDER 4
PER CURIAM
On May 7, 2020, this court published proposed changes to Administrative Order 4
submitted from the Board of Certified Court Reporter Examiners [the Board]. After a
review of the comments, this court adopts the revised Administrative Order 4. The changes
provide clarification to the definition of “verbatim record” and align the Administrative
Order with applicable caselaw. The court thanks the Board for its work on this needed
revision. The revisions are set out in “line-in, line-out” fashion below (new material is
underlined; deleted material is lined through) and are effective immediately.
ORDER 4. VERBATIM TRIAL RECORD
(a) Verbatim Record. Unless waived on the record by the parties, shall be the duty of any
The circuit court shall to require that the official court reporter to make a verbatim record
be made of all proceedings, including any communications between the court and one or
more members of the jury, pertaining to any contested matter before the court or the jury,
regardless of whether these proceedings occur in-person, in court, or in chambers;
telephonically; or through video-conference. This may be waived by the parties in all
1
matters except criminal cases. Circuit Courts are courts of records and waivers are
discouraged in most circumstances. The verbatim record shall include a transcription of all
spoken words from any source including but not limited to: colloquies between the court
and counsel and self-represented litigants; arguments; objections; testimony; jury
instructions; communications between the court and members of the jury; discussions
concerning juror notes; and audio contained in videos or other recordings that are presented
to the court or jury, whether in open court or in camera.
(b) Back-Up System. When making a verbatim record, an official court reporter or
substitute court reporter shall always utilize a back-up system in addition to his or her
primary reporting system in order to insure preservation of the record.
(c) Exhibits. Physical exhibits received or proffered in evidence shall be stored pursuant to
the requirements of Section 21 of the Regulations of the Board of Certified Court Reporter
Examiners, Official Court Reporter Retention Schedule.
(d) Sanctions. Any person who fails to comply with these requirements shall be subject to
the discipline provisions of the Rules and Regulations of the Board of Certified Court
Reporter Examiners in addition to the enforcement powers of the court, including
contempt.
(e) Electronic Recording.
1. Applicability. This subsection (e) shall apply to state district court judges presiding over
matters pending in circuit courts pursuant to Administrative Order Number 18 and to
circuit court judges upon request to and approval by the Supreme Court.
2
2. Electronic Recording. An audio recording system may make the verbatim record of court
proceedings. A recording system used for the purpose of creating the official record of a
court proceeding shall meet the standards adopted and published by the Administrative
Office of the Courts (“AOC”). The system shall be approved by the AOC, and it shall be
tested, and court personnel shall be trained before the system is implemented. The system
shall include a back-up capability to satisfy the requirement of subsection (b) of this
Administrative Order.
3. Record Security.
(A) The trial court shall maintain the electronic recordings of court proceedings and all
digital files, backup files, and archive files consistent with standards adopted and published
by the AOC.
(B) Subsection (c) of this Administrative Order regarding the storage of trial exhibits when
using an electronic recording system is supplemented by the following: During the period
in which the records are required to be retained, the trial court may order items of physical
evidence held for storage and safekeeping by the attorneys of record, and such arrangements
shall be appropriately documented. Forms of orders and receipts are appended to the
Regulations of the Board of Certified Court Reporter Examiners. When physical exhibits
include firearms, contraband, or other similar items, the trial court may order such items
transferred to the sheriff or other appropriate governmental agency for storage and
safekeeping. The sheriff or governmental agency shall sign a receipt for such items and shall
acknowledge that the items shall not be disposed of until authorized by subsequent court
order. See Regulation 21 of the Regulations of the Board of Certified Court Reporter
3
Examiners for the record retention schedule and other requirements for maintaining records
and exhibits.
4. Official Transcripts. When a transcript is required and is to be prepared from an audio
recording, the official court reporter of the circuit judge to which the case is assigned shall
be responsible for preparing the transcript, and the statutory rate and payment provisions
shall apply. A transcript prepared from an audio recording of a court proceeding prepared
and certified by an official court reporter is an official transcript for purpose of appeal or
other use.
4
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.