§ CR 75.01 Procedures for designation of evidence or proceedings reported by a court reporter

Codes > Kentucky Rules of Civil Procedure > IX Appeals > CR 75 > CR 75.01

CR 75.01 Procedures for designation of evidence or proceedings reported by a court reporter

    (1) Unless an agreed statement of the case is certified as provided in Rule 75.15, the proceedings were taken exclusively by video recording as governed by Rule 98, or there are no proceedings to transcribe, the appellant shall file a designation of untranscribed material. The designation shall be filed with the clerk of the trial court and shall be served on the appellee, the court reporter, and the clerk of the appellate court. The designation shall be filed with the clerk of the trial court within 10 days of the filing of the notice of appeal unless Rule 76.03 applies to the appeal, in which case, the designation shall be filed within 10 days of the order ending the prehearing procedure under Rule 76.03(3). The designation shall: (1) list such untranscribed portions of the proceedings stenographically or electronically recorded as appellant wishes to be included in the record on appeal and (2) list any depositions or portions thereof as have been filed with the clerk but were not read into evidence and are thus required by Rule\ 75.07(1) to be excluded from the record on appeal. Within 10 days after the service and filing of such designation, or within 10 days after the time for filing of such designation has expired, any other party to the appeal may file a designation of additional portions of the untranscribed proceedings stenographically or electronically recorded as that party wishes to be included. If an appellee files the original designation, the parties shall proceed under Rule 75.01 in the same manner as if the original designation had been filed by the appellant. If no designation is required, a statement identifying such depositions, if any, or any portions thereof, as have been filed with the clerk but were not read into evidence and are thus required by Rule 75.07(1) to be excluded from the record on appeal, shall be filed with the clerk of the trial court and served upon the appellee and the clerk of the appellate court within the time periods set forth in this rule.

    (2) If any part of the proceedings are to be transcribed by a court reporter there shall be attached to the designation a certificate signed by the designating counsel and by the court reporter stating:

        (a) Date on which transcript was requested;

        (b) Estimated number of pages;

        (c) Estimated completion date; and

        (d) That satisfactory financial arrangements have been made between counsel and reporter for the transcription.

    (3) Except in cases in which the death penalty was sought at trial, the court reporter shall prepare the transcript of evidence within 50 days from the date of service of the designation of record. If the transcript of evidence cannot be completed within 50 days, it shall be the duty of the court reporter to make a written request to the appellant's attorney who shall file in the appropriate appellate court for an extension of time. If the transcript cannot be completed within 110 days of the service of the designation of the record, the reporter is required to make another written request to the appellant's attorney for an extension and must reduce the transcript preparation fee by 10% for every 30 days over the 110 days.

    (4) In cases in which the death penalty had been sought at trial, the court reporter shall prepare the transcript of evidence within 170 days from the date of the service of the designation of record. If the transcript cannot be completed within 170 days, it shall be the duty of the court reporter to make a written request to the appellant's attorney who shall file in the Supreme Court of Kentucky for an extension of time. If the transcript cannot be completed within 230 days of the service of the designation of record, the reporter is required to make another written request to the appellant's attorney for an extension and must reduce the transcript preparation fee by 10% for every 30 days over the 230 days.

    (5) All written requests for extensions by the court reporter to the appellant's attorney must be made at least ten (10) days before the expiration of the period as originally prescribed or as extended by a previous order.

    (6) The court reporter shall immediately notify all counsel of record of the completion and filing of the transcript of evidence and one (1) copy with the clerk of the circuit court.