(a) Applicability. This rule is applicable to court reporter transcripts and tapes relating to proceedings before the family and circuit court, to include proceedings before masters-in-equity. A court reporter for such a proceeding, regardless whether the court reporter is a Judicial Department employee or a private court reporter, shall comply with the requirements of this rule.
(b) Ordering Transcripts. Transcripts of proceedings which are needed for an appeal or appellate review of a post-conviction relief action before the Supreme Court or Court of Appeals shall be ordered as provided by Rules 207(a) or 243(b), SCACR. In all other cases, the request for the transcript shall be made, in writing, to the court reporter, and a copy of the request shall be served as provided by Rule 262(b), SCACR, on all parties to the proceeding which is to be transcribed and, if the transcript is requested for use in another case, on all parties in that case. A copy of the request shall also be provided to the Office of Court Administration. The names and addresses of all persons who are to be served with a copy shall be included on the request for the transcript.
(c) Preparation of Transcript. The transcript shall be prepared in the manner prescribed by the Court Reporters Manual published by the Office of Court Administration.
(d) Delivery of Transcripts. A court reporter shall transcribe and deliver the transcript no later than sixty (60) days after the date of the request. Records shall be transcribed by the court reporter in the order in which the requests for transcripts are made; provided, however, that requests to transcribe post-conviction relief proceedings challenging a sentence of death shall be given priority as provided by S.C. Code Ann. § 17-27-160(E).
(e) Extension of Time to Deliver. If a court reporter anticipates continuous engagement in the performance of other official duties which make it impossible to prepare a transcript within the time specified in (d) above, the reporter shall promptly notify the Office of Court Administration in writing of the fact, setting forth the caption of the case involved, the length of time required to complete the transcript, and the nature and probable duration of the conflicting official duties. The Office of Court Administration may grant an extension of up to ninety (90) days. An extension in excess of ninety days (90) days shall not be allowed except by order of the Chief Justice.
(f) Notice of Extension. Upon the granting of any extension of time for delivery of the transcript, the Office of Court Administration shall notify the parties and, if the transcript has been requested for an appeal or other proceeding before the Supreme Court or the Court of Appeals, the Clerk of that Court.
(g) Failure to Receive Transcript. If the requesting party has not received the transcript within the allotted time nor received notification of an extension within ten (10) days after the allotted time, the requesting party shall notify, in writing, the Office of Court Administration, the court reporter and, if the transcript has been requested for an appeal or other proceeding before the Supreme Court or the Court of Appeals, the Clerk of that Court.
(h) Fees for Transcription and Other Services.
(1) By Judicial Department Court Reporter. A court reporter shall receive the following fees:
(A) A fee of Three Dollars and Twenty-Five Cents ($3.25) per page for producing an original transcript.
(B) A fee of Seventy-Five Cents ($.75) per page for furnishing a copy of a previously prepared transcript.
(C) A fee of One Dollar and Fifty Cents ($1.50) per page for each person receiving Real-time output when a Real-time Request is signed by the requestor.
(D) A fee of One Dollar and Fifty Cents ($1.50) per page for unedited (rough copy) ASCII Disks when no request for an original transcript has been made.
(E) A fee of Thirty-Five Dollars ($35) for edited ASCII disks. This service is only available to a requestor who has requested an original or a copy of the transcript.
(F) A fee of One Dollar ($1) per page for condensed transcripts, which contain no more than four pages of text. This service is only available to a requestor who has requested an original or a copy of the transcript.
(G) A fee of Fifty Cents ($.50) per page for Keyword Indexing. This service is only available to a requestor who has requested an original or a copy of the transcript.
(H) A fee of Thirty-Five Dollars ($35) for e-mailed transcripts. This service is only available to a requestor who has requested an original or a copy of the transcript.
(I) A fee of One Dollar and Fifty Cents ($1.50) per page for unedited (rough draft) e-mailed transcripts.
(J) The following per page costs apply to requests to produce a transcript on an expedited basis:
(i) A fee of Four Dollars and Twenty-Five Cents ($4.25) for original transcripts delivered within seven days of the request and Seventy-Five Cents ($.75) for a copy.
(ii) A fee of Five Dollars and Twenty-Five Cents ($5.25) for original transcripts delivered overnight and One Dollar ($1.00) for a copy.
(iii) A fee of Six Dollars and Twenty-Five Cents ($6.25) for original transcripts delivered on a daily basis and One Dollar ($1.00) for a copy.
(2) By Private Court Reporter. In the event the court reporter is not an employee of the Judicial Department, the fees to be charged shall be that agreed upon by the court reporter and the parties. The transcript produced by the Judicial Department court reporter is the official transcript.
(i) Retention of Tapes. Except as provided below, a court reporter shall retain the primary and backup tapes of a proceeding for a period of at least five (5) years after the date of the proceeding, and the court reporter may reuse or destroy the tapes after the expiration of that period. If the proceeding was a hearing or trial which lasted for more than one day, the time shall be computed from the last day of the hearing or trial. In any proceeding which has been transcribed, the court reporter shall retain the primary and backup tapes which have been transcribed for a period of at least thirty (30) days after the original transcript is sent to the requesting party, to allow any party to challenge the accuracy of the transcription. If no challenge is received by the court reporter within the thirty (30) day period, the tapes may be reused or destroyed.
(j) Failure to Comply. The wilful failure of a court reporter to comply with the provisions of this Rule shall constitute contempt of court enforceable by order of the Supreme Court.
Last amended by Order dated January 29, 2009, effective April 29, 2009, by Order of the same date.