1st March
Samuel W. Phillips, Secretary
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
COURT REPORTER
MANAGEMENT PLAN
TABLE OF CONTENTS
Table of Contents
1. ADOPTION OF PLAN ........................................................................................................................................ 4
2. APPLICABILITY OF PLAN ............................................................................................................................... 4
3. TYPES OF COURT REPORTERS ...................................................................................................................... 4
a. Official Staff Reporters ..................................................................................................................................4
b. Contract Reporters .........................................................................................................................................4
c. Substitute Reporters .......................................................................................................................................4
4. COURT REPORTER ALLOCATIONS .............................................................................................................. 5
5. EMPLOYMENT .................................................................................................................................................. 5
a. Appointment of Official reporters .................................................................................................................5
b. Qualifications of Official Reporters...............................................................................................................5
c. Probationary Period .......................................................................................................................................6
d. Hours of Employment ....................................................................................................................................6
e. Leave .............................................................................................................................................................6
6. RETIRED OR SEPARATED OFFICIAL REPORTERS .................................................................................... 6
7. SUPERVISION .................................................................................................................................................... 6
8. ASSIGNMENT OF COURT REPORTERS ........................................................................................................ 7
9. RESTRICTION ON PRIVATE REPORTING ACTIVITIES.............................................................................. 8
10. COURT POLICY REGARDING AUDIO TAPES AND OTHER RECORDINGS PLAYED DURING
COURT PROCEEDINGS ....................................................................................................................................8
11. REPORTER SERVICES TO UNITED STATES MAGISTRATE JUDGES ...................................................... 8
12. TRANSCRIPTS ................................................................................................................................................... 8
a. Transcript Orders ...........................................................................................................................................8
b. Format Compliance .......................................................................................................................................9
c. Filing of Original Transcripts ........................................................................................................................9
d. Criminal Justice Act Proceedings ..................................................................................................................9
e. Fee Schedule ................................................................................................................................................ 10
1. Fees ........................................................................................................................................................ 10
2. Transcripts Requested by a Judge .......................................................................................................... 10
3. Electronic Sound Recordings ................................................................................................................. 10
f. Timely Filing of Transcripts ........................................................................................................................ 11
g. Billing .......................................................................................................................................................... 11
h. Deposits ....................................................................................................................................................... 11
i. Overcharging ............................................................................................................................................... 11
j. Fee Reduction .............................................................................................................................................. 11
1. Appellate Transcripts ............................................................................................................................. 11
2. Non-Appellate Transcripts ..................................................................................................................... 12
2 WDVA Court Reporter Management Plan Revised February 2017
k. Cancellation of Transcript Orders................................................................................................................ 12
l. Expedited Transcripts .................................................................................................................................. 12
m. Production of Daily and Hourly Transcripts ................................................................................................ 12
n. Transcript Backlog....................................................................................................................................... 12
13. ORDER FOR APPELLATE TRANSCRIPTS ................................................................................................... 13
14. REALTIME REPORTING................................................................................................................................. 13
15. RECORDS MAINTENANCE............................................................................................................................ 13
a. Filing, Certification, Availability and Storage of Steno Notes .................................................................... 13
b. Transcript or Audio Recordings of Arraignments, Pleas and Sentencings .................................................. 14
c. Maintenance of FTR Digital Audio Recording and Certifications/Logs ..................................................... 14
16. MANDATORY REPORTS ................................................................................................................................ 14
a. Attendance and Transcript Report (AO40A) ............................................................................................... 14
b. Statement of Earnings Report (AO40B) ..................................................................................................... 15
c. Quarterly Report Requirement ..................................................................................................................... 15
d. Records to be Maintained by Court Reporters ............................................................................................. 16
e. Penalty for Not Submitting Reports............................................................................................................. 16
17. ACCESS TO DATA COMMUNICATIONS NETWORK (DCN) .................................................................... 16
APPENDIX A ............................................................................................................................................................. 17
APPENDIX B.............................................................................................................................................................. 18
3 WDVA Court Reporter Management Plan Revised February 2017
1. ADOPTION OF PLAN
The Court adopts the following Court Reporter Management Plan (Plan), subject to the
approval of the Judicial Council for the Fourth Circuit Court of Appeals, and subject to
the rules and regulations of the Judicial Conference of the United States (Judicial
Conference). When approved, the plan supersedes the Plan for Effective Utilization of
Court Reporters adopted August 1, 1992, in the Western District of Virginia.
2. APPLICABILITY OF PLAN
This Plan shall be applicable to all court reporters (official, contract and substitute)
employed by the Court. The Plan is intended to supplement the guidelines and
procedures contained in Volume 6 of the Guide to Judiciary Policy and 28 U.S.C. §753.
3. TYPES OF COURT REPORTERS
Court reporters are categorized according to how they are utilized or employed in the
Court.
a. Official Staff Reporters
Official staff reporters, or official reporters, are salaried employees of the Court,
employed en banc, and not for any particular judge, for an indefinite term
pursuant to the authority of the Judicial Conference.
b. Contract Reporters
Contract reporters are reporters that serve the Court on an as-needed basis as
provided under 28 U.S.C. §753(g), and under delegated procurement authority
from the Administrative Office (AO). Contract reporters may be utilized only
when all official reporters are unavailable due to assigned courtroom duties or
authorized leave.
Contract reporters must meet the qualification requirements established by the
court and must be administered the Oath for Recording Court Proceedings.
Travel of contract reporters within the district shall be limited to those occasions
when no official reporter is available to travel to the location requiring reporting
services. Travel expenses are paid to the extent provided in the contract.
c. Substitute Reporters
Substitute reporters are employees of official reporters, hired with the approval of
the court, and must meet the minimum qualification requirements established by
the Judicial Conference. Use should be limited to expedited, daily, or hourly
transcript work. The official reporter is responsible for paying for the substitute
4 WDVA Court Reporter Management Plan Revised February 2017
reporter from his or her personal funds. Official reporters are responsible for the
performance of substitute reporters. The Guide, Vol. 6, Ch. 4, §440.90.
Additionally, the Court may direct an official reporter who is unable to complete
transcripts in a timely fashion to hire and pay for a substitute reporter to record
proceedings while the official reporter works on the backlog of transcripts.
4. COURT REPORTER ALLOCATIONS
The Western District of Virginia has elected to have proceedings recorded by stenotype
methods and is authorized one official reporter per active district court judge. Court
reporter allocations for senior judges are based upon (1) the total number of in-court
hours reported by the senior judges during the statistical reporting year or (2) certification
by the circuit judicial council that the senior judge draws cases on substantially the same
basis as all active district judges in the district.
5. EMPLOYMENT
a. Appointment of Official reporters
The Clerk of Court, with the approval of the Chief Judge, shall appoint and
dismiss official reporters. Official reporters shall be appointed in accordance with
the provisions of 28 U.S.C. §753 and Volume 6 of the Guide to Judiciary Policy.
Official reporters serve the Court en banc.
An official reporter shall continue to retain employment at the will of the Court en
banc, regardless of the death, resignation or retirement of an individual judge. If
the volume of work does not justify retention of the full complement of reporters,
a reduction shall be accomplished through relocation, attrition or by giving a
reasonable notice for termination of the appointment.
Any official reporter who fails to comply with the provisions of this Plan or a
directive of the Clerk of Court or who does not perform in a competent and
satisfactory manner in connection with his or her duties shall be subject to
disciplinary action up to and including dismissal.
b. Qualifications of Official Reporters
In order to qualify for appointment, official reporters must meet the qualifications
listed in Vol. 12, Ch. 5, §580.40.30(a) of the Guide to Judiciary Policy. A
Registered Professional Reporter (RPR) certificate from the National Court
Reporter’s Association (NCRA) or evidence of passing an equivalent qualifying
examination must be provided. The Court prefers realtime reporters. Certified
realtime reporters are those reporters who have successfully completed the
Certified Realtime Reporter (CRR) examination offered by the NCRA. A CRR
certificate must be presented as evidence of such.
5 WDVA Court Reporter Management Plan Revised February 2017
c. Probationary Period
Newly appointed official reporters shall be placed on a one-year probationary
period. Official reporters who do not perform in a competent and satisfactory
manner shall be subject to dismissal.
d. Hours of Employment
Official reporters are placed on a regular tour of duty consisting of 40 hours per
week and shall adhere to the Western District of Virginia’s Time and Attendance
Policy. An official reporter may choose to work the hours of 8:00 a.m. – 4:30
p.m., 8:30 a.m. – 5:00 p.m. or 8:30 a.m. – 5:30 pm. A written notification is to be
sent the Coordinator, Clerk of Court and/or Chief Deputy Clerk for approval of
scheduled work hours.
Unless on approved leave, an official reporter must be at his or her duty station or
travel location and must remain available. Court reporters may, during their
assigned tour of duty, prepare official transcripts as required by 28 U.S.C. §753(b)
or by rule or order of the Court, including transcripts for which they are entitled to
collect a fee from a party.
e. Leave
All official reporters earn leave in accordance with the Annual and Sick Leave
Act of 1951, 5 U.S.C. §6301. Official reporters must use the appropriate type of
leave for any paid absence from work. Official reporters must also comply with
Western District of Virginia’s Time and Attendance, Compensatory Time and
Flex Time Policies.
6. RETIRED OR SEPARATED OFFICIAL REPORTERS
Whenever an official reporter is separated (resigns, retires or is dismissed), he or she will
be required to meet with the Coordinator and execute a certification (Appendix A)
regarding his or her responsibilities for:
• the preparation of all transcripts which are currently ordered but not yet filed;
• the preparation of transcripts which may be ordered after separation of proceedings
recorded during the period of employment; and
• the requirement to inform the Clerk of Court of address and telephone number
changes.
7. SUPERVISION
The Chief Judge delegates the supervision of this Plan to the Clerk of Court. The Clerk
of Court shall designate a Court Reporter Coordinator (Coordinator) whose duties and
6 WDVA Court Reporter Management Plan Revised February 2017
responsibilities are to provide day-to-day management of all court reporters and perform
all other functions set forth in this Plan, including but not limited to:
a. Assigning and reassigning official reporters for the purpose of fairly and
efficiently distributing the Court’s overall workload while minimizing travel and
assuring the overall lowest cost to the Court.
b. Monitoring requests for transcripts to ensure that transcripts are prepared in a
timely fashion.
c. Supervising the relationship between the court reporter and parties by monitoring
transcript orders, delivery, billings, format and rates charged by court reporters.
d. Reviewing transcripts to ensure full compliance with format requirements of the
Judicial Conference and the Guide to Judiciary Policy.
e. Reviewing the records of official reporters to ensure the timely filing of all reports
required by the AO and the Judicial Conference, namely AO Forms 40A
(Attendance and Transcripts of the United States Court Reporters) and 40B
(Statement of Earnings of the United States Court Reporters).
f. Ensuring compliance by all court reporters with the provisions of 28 U.S.C.
§753(b) concerning the recording, certifying, and filing of electronic recordings of
all criminal arraignments, pleas and proceedings made in connection the
imposition of sentences.
g. Certifying time and attendance records and acting as leave approver for official
reporters.
h. Serving as liaison to the Fourth Circuit Court of Appeals regarding matters
pertinent to court reporters and transcript production.
i. Providing actual and projected figures of contract court reporter usage for the
annual request to the Fourth Circuit pursuant to 28 U.S.C. §753(g).
j. Performing such other duties relating to court reporting as directed by the court.
8. ASSIGNMENT OF COURT REPORTERS
An official reporter serves the Court en banc; however, an official reporter will be
assigned to a divisional duty station by the Clerk of Court after consultation with the
Chief Judge. The duty station of an official reporter is subject to change at the discretion
of the Court.
It is the responsibility of the Coordinator to ensure, to the extent practicable, that each
official reporter works an equal number of hours in court. If a disparity in an official
reporter’s workload exists, the Coordinator may reassign an official reporter for a specific
7 WDVA Court Reporter Management Plan Revised February 2017
period. Time spent on transcript production will generally not be considered by the
Coordinator when assigning individual reporters.
Out-of-district travel by official reporters for work-related reasons must be approved by
the Clerk.
9. RESTRICTION ON PRIVATE REPORTING ACTIVITIES
Official reporters are not permitted to perform any private reporting work of any kind
during their regular tour of duty, including depositions and reporting for grand juries, or
utilize the facilities of the Court to perform any private work. The regular tour of duty
extends to time off from duty in a pay status (i.e., annual leave).
Official reporters may perform private reporting work on personal time (nights and
weekends) as long as there is no conflict with official duties or in violation of the Code of
Conduct for Judicial Employees. Such private reporting work must be approved in
advance by the Clerk of Court. The Guide, Vol. 6, Ch. 2, §240.20; Vol. 2, Part A, Ch. 3,
Canon 4.
10. COURT POLICY REGARDING AUDIO TAPES AND OTHER RECORDINGS
PLAYED DURING COURT PROCEEDINGS
All official court transcripts must clearly indicate the length of time each audio tape or
recording was played during a court proceeding. The court reporter will parenthetically
note at which time stop the audio tape or recording begins and at which time stop the
audio tape or recording ends – for each instance the recording is played.
11. REPORTER SERVICES TO UNITED STATES MAGISTRATE JUDGES
As a general rule, For The Record (FTR) electronic sound recording equipment operated
by a deputy clerk will be used to record routine proceedings before a United States
Magistrate Judge. If a magistrate judge determines that the record should be taken by a
court reporter, an official or contract reporter will be assigned. The Guide, Vol. 6, Ch. 4,
§410.
12. TRANSCRIPTS
The Guide to Judiciary Policy, Volume 6, Chapter 5 governs the preparation, billing, and
delivery of transcripts. The Coordinator shall monitor the timely completion of all
transcripts and notify promptly the Clerk of Court of any potential problems.
a. Transcript Orders
Requests for non-appellate transcripts must be ordered on AO Form 435 and filed
to the requisite case in CM/ECF. Requests for appellate transcripts must be
ordered on the U.S. Court of Appeals for the Fourth Circuit - Transcript Order
Form. Transcript requests by a Criminal Justice Act (CJA) panel attorney must
8 WDVA Court Reporter Management Plan Revised February 2017
be ordered through the Court’s eVoucher system.
Unless otherwise directed by the Court, court reporters will prepare non-appellate
transcripts in chronological order by the date requested, with criminal transcripts
generally taking precedence over civil transcripts. The length and complexity of
each case will be taken into account so as not to deny the court reporter
reasonable time necessary for effective preparation.
b. Format Compliance
All court reporters shall comply with the Judicial Conference transcript format
requirements in the Guide to Judiciary Policy, Vol. 6, Ch. 5. The Coordinator
shall monitor transcripts to ensure compliance.
c. Filing of Original Transcripts
Official reporters shall electronically file in CM/ECF all official certified
transcripts of official proceedings within three days of delivery to the ordering
party. Contract reporters shall deliver the certified transcript in portable
document format (PDF) to the Clerk of Court within three days of delivery to the
ordering party. Under no circumstances are any other original transcripts to be
retained by the court reporters or delivered to an ordering party.
Transcripts filed in CM/ECF will be available at the clerk’s office for inspection
only for a period of 90 days after filing. During the 90-day period, a copy of the
transcript may only be requested from the court reporter and must be requested on
AO Form 435. Fees charged for copies will be at the rate established by the
Judicial Conference, as adopted by the Court. After the 90-day period has ended,
the transcript will be available for copying in the Clerk’s office and for download
through PACER at a rate published on the Miscellaneous Fee Schedule.
If a redacted transcript is filed with the Court, the redacted transcript will be
electronically available through PACER after 90 days from the date of filing of
the original transcript; the original transcript will not be publicly available.
d. Criminal Justice Act Proceedings
Transcript requests by a CJA panel attorney must be requested on a CJA 24 form
through the Court’s eVoucher system. The CJA 24 form must be signed by the
presiding judge prior to the production of the transcript.
In multi-defendant cases involving CJA defendants, no more than one transcript
should be purchased from the reporter or transcriber on behalf of CJA defendants.
The attorney for the CJA defendant who places the first transcript order will pay
the original page rate and will be notified to provide the electronic version to co-
counsel. However, if a paper transcript is needed by any other appointed CJA
9 WDVA Court Reporter Management Plan Revised February 2017
counsel, the court reporter may prepare a copy at commercially competitive rates.
A CJA 24 form must be submitted through the Court’s eVoucher system as the
cost of duplication will be charged to the CJA fund. The Guide, Vol. 6, Ch. 5,
§550.40.30.
In accordance with the Guide to Judiciary Policy, Vol. 7, Part A, § 320.30.20, the
routine apportionment of accelerated transcript costs among parties in CJA cases
is prohibited.
e. Fee Schedule
1. Fees
No court reporter shall charge fees for transcripts that exceed the
authorized fee schedule of the Judicial Conference, as adopted by the
Court. Each court reporter is responsible for making financial
arrangements with the party as soon as practicable. If financial
arrangements cannot be made expeditiously, the court reporter shall
promptly advise the Coordinator and, when applicable, the Circuit.
The Coordinator shall post a copy of the approved fee schedule in a
prominent location in each divisional office of the Court and on the
Court’s website.
2. Transcripts Requested by a Judge
As set forth in 28 U.S.C §753(f), official reporters must provide certified
transcripts without charge to a requesting judge. Official reporters may
charge only copy fees for transcripts provided to parties when the original
transcript was produced at the request of a judge.
An official reporter may charge for preparing a transcript that is required
by the district judge of oral hearings held before a magistrate judge on
motions for summary judgment, with a report and recommendation to be
provided. The Guide, Vol. 6, Ch. 5, §530.75(b)(4).
Contract reporters may charge a fee for producing transcripts ordered by a
judge of this Court.
3. Electronic Sound Recordings
Official reporters may produce transcripts from audio recordings of court
proceedings which the reporter did not attend. The official reporter is
considered a transcriber and may be paid no more than as set out in the
10 WDVA Court Reporter Management Plan Revised February 2017
authorized fee schedule of the Judicial Conference, as adopted by the
Court.
f. Timely Filing of Transcripts
It is the expectation of the Court that all transcripts are to be produced and filed in
a timely manner. Transcript delivery dates are computed from:
a. The date upon which satisfactory financial arrangements are made with
private counsel.
b. When the ordering party is the United States, the date upon which the
transcript order is received by the court reporter.
c. When the ordering party is CJA counsel, the date upon which the CJA 24
form is received by the court reporter.
d. When ordered by a judge, the date upon which the Court order is provided
to the court reporter.
g. Billing
All transcript orders shall be billed in writing by the official reporters, using AO
Form 44 Billing Invoice. A copy of each invoice shall be provided to the
Coordinator with the submission of the quarterly AO Form 40A. Contract
reporters must submit a copy of each invoice when submitting an official
transcript to the Coordinator.
h. Deposits
Reporters may request from the ordering party a deposit for a transcript based on
the estimated number of pages. If the deposit exceeds the actual cost, the reporter
shall reimburse the difference when the transcript is delivered to the ordering
party.
i. Overcharging
Reporters found to be overcharging by violating the prescribed page, line, pitch-
size formats, or by using any other non-conforming format, or by violating the
time limit for delivery on a particular transcript category shall be required to make
immediate restitution to the ordering party and may be subject to disciplinary
actions.
j. Fee Reduction
1. Appellate Transcripts
For appellate transcripts that are not timely filed, the Fourth Circuit Court
of Appeals may impose the mandatory fee reduction in accordance with
11 WDVA Court Reporter Management Plan Revised February 2017
Rule 11(b) of Federal Rules of Appellate Procedure. Such reduction of
fees shall be credited to the ordering party by the reporter.
2. Non-Appellate Transcripts
A court reporter may not charge a higher fee than the one that corresponds
to the delivery category achieved. For ordinary (30-day) non-appellate
transcripts not timely filed, the Court may impose a fee reduction of 10%
of the prescribed fee, unless an extension of time for the delivery of
transcript has been granted by the presiding judge. The extension of time,
if granted, will not exceed fifteen days, unless extraordinary circumstances
exist as determined by the presiding judge.
The Coordinator shall ensure that credits due to mandatory fee reductions are
properly credited to the ordering party, when necessary.
k. Cancellation of Transcript Orders
A reporter shall immediately stop producing transcripts if advised of a
cancellation and, if necessary, shall promptly notify the Coordinator of the
cancellation of the transcript request. Any deposit received shall be refunded,
excluding pages produced prior to the cancellation notice.
l. Expedited Transcripts
Unless ordered by the Court, official court reporters shall not expedite the
preparation of any transcripts that would delay the preparation of appellate orders.
m. Production of Daily and Hourly Transcripts
Production of daily and hourly transcripts are not to be subsidized by the Court.
If additional reporters are required to provide such transcripts, the cost of such
reporters shall be paid for by the official reporter. This provision does not,
however, prohibit other official reporters from assisting in producing such
transcripts if there are no other official proceedings to record and no substantial
transcript backlog will result.
n. Transcript Backlog
The Coordinator may reduce or eliminate transcript backlogs or production delays
by taking, or recommending to the presiding judge, any of the following steps:
1. Reassign or rotate official reporters.
2. Require an official reporter to hire a substitute reporter at his or her own
expense to cover courtroom duties, if the backlog in transcript production
12 WDVA Court Reporter Management Plan Revised February 2017
is due to the staff reporter’s lack of diligence.
3. Hire a substitute reporter and place the official reporter on leave without
pay in order to compensate for the substitute reporter’s fees.
4. Recommend disciplinary action up to and including dismissal.
13. ORDER FOR APPELLATE TRANSCRIPTS
All transcripts of official proceedings produced for the purpose of appeal to the Fourth
Circuit Court of Appeals shall be promptly delivered to the ordering party and filed with
the Clerk of this Court. The Coordinator will monitor fees and delivery times.
14. REALTIME REPORTING
Court reporters who have successfully completed the Certified Realtime Reporter
examination offered by the National Court Reporters Association (NCRA) or who have
passed an equivalent qualifying examination are recognized as Certified Realtime
Reporters (realtime reporter). Only realtime reporters are permitted, but not required, to
sell realtime translation at rates approved by the Judicial Conference.
All parties requesting realtime services will be responsible for providing their own
personal computers, viewer/annotation software, and monitors. The realtime reporter
will provide wiring necessary for his or her equipment. Official reporters are required to
provide realtime services when requested by a judge in this Court. Realtime services
may only be distributed to ordering parties to a case and will not be made available to the
public unless authorized by the presiding judge.
The transcript format guidelines prescribed by the Judicial Conference apply to realtime
translation with the following exceptions: realtime translation must be clearly marked as
such with a header, footer or watermark on each pages as “Realtime Unedited Transcript
Only;” realtime translation should not include an appearance page, index or a
certification; and if applicable, the electronic media label should be a different color than
used on certified transcripts and should be marked with the words “Realtime Unedited
Transcript Only.”
Realtime reporters should request that parties acknowledge receipt of a realtime
translation by signing a disclaimer which explicitly states that the ordering party is aware
that the realtime translation is not an official court record of the court proceedings. The
Guide, Vol. 6, Ch. 3, §320.50.50.
15. RECORDS MAINTENANCE
a. Filing, Certification, Availability and Storage of Steno Notes
Official reporters must promptly certify and file all original steno notes as a
portable document format (PDF) to the appropriate case in CM/ECF. If a
13 WDVA Court Reporter Management Plan Revised February 2017
transcript is not ordered, the official reporter will file the original steno notes
within 90 days after the conclusion of the proceeding. If a transcript is ordered,
the original steno notes must be filed within 90 days after the transcript is
delivered to the requesting party.
Contract reporters must promptly certify and submit their notes in PDF format to
the Coordinator. If a transcript is not ordered, the contract reporter will deliver
the original steno notes within 90 days after the conclusion of the proceeding. If a
transcript is ordered, the original steno notes must be delivered within 90 days
after the transcript is delivered to the requesting party.
b. Transcript or Audio Recordings of Arraignments, Pleas and Sentencings
Pursuant to the provisions of 28 U.S.C §753(b), court reporters must transcribe
and certify all arraignments, pleas, and proceedings in connection with the
imposition of sentences in criminal cases unless they have been recorded by
electronic sound recording and such recording has been certified and maintained
in the office of the Clerk of Court. Transcripts of all such criminal proceedings
must be filed within 30 days of the proceeding, unless recorded on electronic
sound recording equipment. If electronically recorded, all electronic recordings
must be accompanied by a certification of the court reporter and be submitted
within 30 days of the proceeding. All recordings must be submitted with the
appropriate certification (Appendix B).
c. Maintenance of FTR Digital Audio Recording and Certifications/Logs
All FTR recordings prepared by deputy clerks shall be automatically uploaded
and stored on a District network server at the conclusion of each proceeding.
Access is limited to authorized court personnel. Deputy clerks must promptly file
the certification and log notes to the appropriate case in CM/ECF as the
conclusion of each proceeding.
The Coordinator will arrange for transcription of a digitally recorded proceeding.
Official reporters assigned to transcribe a digitally recorded proceeding will have
access to the hearing directly from the Court’s network. If a transcription firm is
used, the Coordinator will provide a copy of the necessary digital recording.
16. MANDATORY REPORTS
a. Attendance and Transcript Report (AO40A)
Each quarter all official reporters must prepare and file through the Automated
Court Reporter Application (ACRA) the report of Attendance and Transcripts of
United States Court Reporters (AO 40A), which shall be reviewed and signed by
the Coordinator. The form must be submitted to the AO within twenty days after
the end of the quarter.
14 WDVA Court Reporter Management Plan Revised February 2017
As part of the verification process, the official reporter must submit copies of all
AO44 Invoices, the AO38 Attendance Ledger, and the AO39 Transcript Order
and Collections Ledger reports to the Coordinator.
When reviewing the AO 40A, the Coordinator must:
• Ascertain that the reporter has completed the form as required;
• Ascertain accuracy and completeness;
• Compare the entries pertaining to attendance to AO 38; and
• Compare entries pertaining to transcripts to AO 39 and AO 44.
b. Statement of Earnings Report (AO40B)
Each official reporter shall prepare and file through ACRA the annual Statement
of Earnings of the United States Court Reporters (AO40B), which shall be
reviewed and signed by the Coordinator. A report shall be required of all present
and former official reporters, who were employed by the Court during the
preceding year, without regard to length of service, including full- or part-time
employees and those hired on a limited time basis. A report is not required of
contract reporters. The report shall be submitted to the Coordinator no later than
April 15th of each year.
As part of the verification process, the official reporter must submit copies of all
AO44 Invoices, the AO38 Attendance Ledger, and the AO39 Transcript Order
and Collections Ledger reports and must state that they have maintained receipts
for any expense listed to the Coordinator.
When reviewing the AO 40B, the Coordinator must:
• Ascertain that the reporter has completed the form as required;
• Ascertain accuracy and completeness;
• Compare the entries pertaining to official transcripts to AO 37 and against
allowable expenses;
• Compare entries pertaining to gross income for official transcripts to AO
39; and
• Verify that the court reporter has a receipt for each expense listed.
c. Quarterly Report Requirement
Each quarter, the Coordinator shall submit to the Chief Deputy Clerk a report
listing the number of transcripts produced, income, days in court and transcript
backlog for each court reporter. The report must be submitted to the Chief
Deputy within thirty days after the end of the quarter.
15 WDVA Court Reporter Management Plan Revised February 2017
d. Records to be Maintained by Court Reporters
In order to permit the routine audit and inspection of records, official reporters
shall maintain accurate, legible and up-to-date records of their expenses,
attendance in court, transcript orders and invoices. Such records shall be
maintained on forms prescribed by the Judicial Conference which include, but are
not limited to, the following:
• AO 37 - Expense Ledger
• AO 38 - Attendance Ledger
• AO 39 - Transcript Order/Collections Ledger
• AO 44 – Invoice
e. Penalty for Not Submitting Reports
Failing to file an AO 40A or AO 40B may result in the withholding of the official
reporter’s salary until such time that the report is filed. The Guide, Vol. 6, Ch. 2,
§290.40.80.
17. ACCESS TO DATA COMMUNICATIONS NETWORK (DCN)
Official reporters shall be provided the necessary hardware (one computer and
peripherals) in order to access the DCN for official use. Official use includes access to
judiciary electronic mail, the J-Net, JENIE, HRMIS, Case Management/Electronic Case
Filing system (CM/ECF), calendaring systems, the automated travel voucher system, and
automated forms. Official reporters are strictly prohibited from using any government-
owned computer hardware or any automated systems access through the DCN to generate
transcript income.
16 WDVA Court Reporter Management Plan Revised February 2017
APPENDIX A
CERTIFICATION OF COURT REPORTER UPON SEPARATION
Name: ________________________________ Date of Separation: _____________
Address: ______________________________
Address: ______________________________
______________________________________
Telephone Number: _____________________
E-mail Address: ________________________________________
The following certification is made to the Clerk of Court upon my separation:
1. All my stenographic notes and audio files have been filed with the Clerk of Court as well
as a copy of my computer generate note file and a copy of my personal dictionary. The
software program required is:
________________________________________________________________.
2. I am responsible for preparing any transcripts currently ordered, but not yet filed and any
transcripts ordered after my separation.
3. I will immediately inform the Clerk of Court of any change in my address or telephone
number in order to facilitate the preparation of transcripts.
_______________________________ _______________________
Court Reporter’s Name Date
_______________________________ _______________________
Court Reporter Coordinator’s Signature Date
17 WDVA Court Reporter Management Plan Revised February 2017
APPENDIX B
UNITED STATES DISTRICT COURT
For the
Western District of Virginia
CERTIFICATE OF COURT REPORTER
Arraignments, Pleas, and Sentencing Proceedings
I, _____________________________(print full name) , certify that I am a (check one) ____
duly appointed Official Court Reporter/____ duly sworn Contract Court Reporter for the United
States District Court for the Western District of Virginia, and that I was present in the courtroom
of this court on __________________ (date). On this date during the regular course of my
profession, I made electronic sound recording(s) of the proceedings, for the following cases:
Name of Defendant Docket Number Nature of Proceeding
(Arraignment, Plea, Sentence)
I have played back the recording and certify that it is a true and correct record of the
proceedings, that it is sufficiently intelligible when played on ____________________________
(machine or equipment – make and model or format), that it can be transcribed without undue difficulty, and
that I have filed the original recording with the clerk of court.
I further certify that I have filed my original steno-notes, stenomask recordings, or other
original records taken of these proceedings with the clerk as required by 28 U.S.C § 753(b).
Date: _____________ Court Reporter’s Signature: _____________________________________
18 WDVA Court Reporter Management Plan Revised February 2017
