Supreme Court Rules

§ 1-210.  Custody of trial records and documents.

   (A) All shorthand notes, tape recordings, log sheets, or any other material used in making the record in court shall remain in the custody of the official reporter until such time as the reporter's employment is terminated, or until he or she is 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 reporter notes created after July 1, 1988, shall be marked on the first page with the reporter's name, 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 reporter. The official reporter 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 the reporter or his or her 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 reporter to prepare and deliver a transcript of proceedings or to timely prepare and file a bill of exceptions on appeal to the Supreme Court or Court of Appeals.

   (B) Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Supreme Court or Court of Appeals, all exhibits shall be retained by the official reporter 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 a reporter's termination of employment, for whatever reason.

   (C) Upon the transfer of responsibility for the safekeeping of exhibits from the official reporter to the clerk of the district court, the reporter shall insure 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. The reporter 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.