ANNOUNCEMENT

A. Scope.

     1) The examination, certification, supervision, conduct and proficiency of court reporters and court monitors engaging in court reporting or monitoring services are matters that are integrally related to the effective, impartial, and prompt operation of the judicial branch of the State of New Mexico and are hereby made subject to regulation by rule of the Supreme Court.

     (2) Except as provided by the Rules of Appellate Procedure, Rules of Civil Procedure for the District Courts, Rules of Criminal Procedure for the District Courts, Children's Court Rules, the Rules of Civil Procedure for the Metropolitan Court or the Rules of Criminal Procedure for the Metropolitan Court, these rules govern transcripts and the recording of judicial proceedings by any and all means whatsoever. If a deposition taken [pursuant to] under the rules of procedure for a court listed in this subparagraph is to be taken by stenographic means, the person taking the deposition shall be a certified court reporter as provided in these rules.

     (3) These rules shall be reviewed on a periodic basis not to exceed three (3) years.

B. Definitions. As used in these rules:

      (1) "board" means the Board Governing the Recording of Judicial Proceedings;

      (2) "censure" means to publicly reprimand a certified court reporter or certified court monitor, with or without conditions reasonably related to the grounds for censure for conduct found to be in violation of Rule 22-605 NMRA;

      (3) "certified court monitor" or "court monitor" means a person holding a certificate issued by the board to engage in the recording of judicial proceedings in this state;

      (4) "certified court reporter" means a person holding a certificate issued by the board to engage in the reporting of judicial proceedings in this state and includes any firm licensed [pursuant to] under Rule 22-202 NMRA;

      (5) "certification" means licensing by the board for a court reporter, court monitor or firm to engage in the reporting or recording of judicial proceedings in this state [pursuant to] under the Rules Governing the Recording of Judicial Proceedings;

      (6) "court monitor" means a person who records judicial proceedings by audio recording;

      (7) "court reporter" means a person who engages in verbatim shorthand reporting using machine shorthand;

      (8) "court reporting services" means providing verbatim shorthand recording in judicial proceedings using machine shorthand. "Court reporting services" shall not include services performed in the taking of depositions or statements by audio or audio-visual recording;

      (9) "firm" means, but is not limited to, a limited liability company, corporation, association, or other organization engaged in the practice of court reporting services in this state;

      (10) "judicial proceedings" includes any court proceedings, depositions, and sworn statements in which a certified court reporter acts under the certified court reporter's New Mexico certification, but [does not include] specifically excludes appellate court, Judicial Standards Commission, Disciplinary Board, magistrate court, municipal court, or probate court proceedings;

      (11) "official court reporter" is a certified court reporter who is employed by New Mexico under the judicial personnel plan and entitled to certain benefits as a state employee [pursuant to] under the provisions of Section 34-6-20 NMSA 1978, or who performs services for the judicial branch under a standardized contract approved by the Supreme Court;

      (12) "person" means, but is not limited to, any individual, firm, partnership, limited liability company, corporation, association or other organization; and

      (13) "record" means:

           (a) stenographic notes [which] that must be transcribed when a record is required to be made;

           (b) a statement of facts stipulated to by the parties for purpose of review; or

           (c) any recording made by an audio recording device.

C. Title. These rules may be cited as the "Rules Governing the Recording of Judicial Proceedings".

     [Adopted, effective January 1, 1983; as amended, effective December 1, 1993; February 16, 2004; as amended by Supreme Court Order No. 11-8300-047, effective January 27, 2012; as amended by Supreme Court Order No. 16-8300-027, effective December 31, 2016.]

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22-204.1. Temporary Certification for Court Reporters.

A. Requirements. Upon an application for temporary certification using the forms approved by the board, a temporary certification to perform court reporting services may be granted by the board if the applicant meets the following requirements:

(1)   be of good moral character; 

(2)   possess a certificate or diploma evidencing graduation from high school;

(3)   possess a certificate or diploma evidencing graduation from a court reporting school;

(4)   possess a valid and current court reporting license from another state;

(5)  provide satisfactory proof, including three (3) references, that the applicant has been engaged in the full-time practice of court reporting for the three (3) year period immediately prior to applying for a temporary certification;

(6)    be compliant with the Rules Governing the Recording of Judicial Proceedings and any rules and regulations adopted by the Supreme Court;

(7)  be compliant with all support obligations as provided in the Parental Responsibility Act, Sections 40-5A-1 through -13 NMSA 1978;

(8)  pay the appropriate certification fee; and

(9)   once issued a temporary certification, take written knowledge examinations or skills examinations, as needed, to obtain National Court Reporters Association registered professional reporter certification.

B. Expiration. The applicant’s temporary certification expires ninety (90) days after issuance. The board may extend the temporary certification for up to ninety (90) days.
[Adopted by Supreme Court Order No. 16-8300-027, effective December 31, 2016.] 

[Adopted by Supreme Court Order No. 16-8300-027, effective December 31, 2016.] 

"Committee commentary. — Paragraph E requires a deponent to sign a statement reciting any changes that the deponent makes to a deposition transcript and the reasons for those changes.  The signed statement is then attached to the deposition transcript by the court reporter.  Electronic transmission of documents is increasingly common, which raises the question of whether a facsimile of an original signed statement from a deponent is sufficient to meet the requirements of Paragraph E.  The Committee believes that any electronically transmitted form of an original signed statement of a deponent meets the Rule’s requirements.  If a dispute arises regarding the authenticity of a signature to a signed statement, the burden of establishing the signature’s authenticity is on the proponent of the electronically transmitted form of the original signed statement. Cf., e.g., Rule 11-1003 NMRA (“A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity . . . .”). 

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