22-101. Scope; definitions; title.

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 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 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 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 court proceedings, depositions and sworn statements, but does not include 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 the provisions of Section 34-6-20 NMSA 1978, or performs services for the judicial branch under 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 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.] 

ANNOTATIONS

The 1993 amendment, effective December 1, 1993, substituted "definitions" for "and" and made related changes in the rule heading; rewrote Subparagraph A(1); substituted "transcripts" for "records" and added "by any means whatsoever" in Subparagraph A(2); added Subparagraph A(3); and added Paragraph B and redesignated former Paragraph B as Paragraph C. 

The 2003 amendment, effective February 16, 2004, in Paragraph A substituted “engaging in court reporting or monitoring services” for “with regard to the practice of reporting and recording of judicial proceedings” in Subparagraph (1) and “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” for “these rules also” in the first sentence of Subparagraph (2), and inserted “and all” in that sentence and added the last sentence in that subparagraph, and in Paragraph B inserted Subparagraphs (2), (3), (4), (5), (8), (9), (11), (12), and (13), redesignated former Subparagraphs (2), (3), and (4) as present Subparagraphs (7), (6), and (10) respectively, substituted “court” for “tape” preceding “monitor” and deleted “or stenomask” at the end of Subparagraph (6), and added “or realtime voice-to-print technology” in Subparagraph (7) and “but does not include appellate court, Judicial Standards Commission, disciplinary board, magistrate court, municipal court or probate court proceedings” in Subparagraph (10). 

The 2011 amendment, approved by Supreme Court Order No. 11-8300-047, effective January 27, 2012, eliminated the application of the rules governing the recording of judicial proceedings to the use of pen, machine shorthand and real time voice-to-print technology; in Subparagraph (2) of Paragraph A, in the last sentence, after "taken by stenographic", deleted "or realtime voice-to-print"; in Subparagraph (7) of Paragraph B, after "shorthand reporting using", deleted "pen or" and after "machine shorthand", deleted "or realtime voice-to-print technology"; and in Subparagraph (8) of Paragraph B, in the first sentence, after "judicial proceedings using", deleted "a pen" and after "machine shorthand", deleted "or realtime voice-to-print technology". 

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 1; 63A Am. Jur. 2d Public Officers § 14; 75 Am. Jur. 2d Trial §§ 236 to 239. 

Court reporter's death or disability prior to transcribing notes as grounds for reversal or new trial, 57 A.L.R.4th 1049. 

23A C.J.S. Criminal Law § 1153; 77 C.J.S. Reports § 1 et seq.; 82 C.J.S. Stenographers § 1 et seq.; 88 C.J.S. Trial § 41.