January 23, 2007
  
  
  ADM File No. 2004-48
                                                           
  
  
  Amendment of Rules 
  8.103, 8.108, and 8.109
  of the Michigan Court Rules
                   
  
       On order of the Court, notice of the  proposed changes and an opportunity for
  comment in writing and at a public hearing having been provided, and consideration having
  been given to the comment received, the following amendments of Rules 8.103, 8.108, and
  8.109 of the Michigan Court Rules are adopted, effective May 1, 2007.    
  
       

ICLE Editor's Note:
  
  
  [Italicized, bracketed text] indicates text that has been deleted.
  
  Bold text  indicates new text.
  

  
  
  Rule 8.103     State Court Administrator
  
  The state court administrator, under the Supreme Court's supervision and direction, shall:
  
       (1)-(8)   [Unchanged.] 
       
            (9)  approve and publish forms as required by these rules, and such other
            recommended forms as the administrator deems advisable; and
            
            [(10)]  [certify the adequacy of recording devices to be used for making
            records of different types of proceedings in trial courts pursuant to these rules
            and applicable statutes and publish a list of certified recording devices and the
            proceedings for which they are certified for use; and
            ]
            [(11)](10)attend to other matters assigned by the Supreme Court.
  
  Rule 8.108  Court Reporters and Recorders
  
  (A)-(F)   [Unchanged.]
  
  (G)  Certification.
  
            (1)  Certification Requirement.
       
                 (a)  Only reporters, recorders, [operators,] or voice writers
                 certified pursuant to this subrule may record or prepare transcripts of
                 proceedings held in Michigan courts or of depositions taken in
                 Michigan pursuant to these rules. This rule applies to the preparation of
                 transcripts of videotaped courtroom proceedings or videotaped or
                 audiotaped depositions, but not to the recording of such proceedings or
                 depositions by means of videotaping. An operator holding a CEO
                 certification under subrule (G)(7)(b) may record proceedings, but may
                 not prepare transcripts.
       
                 (b)  Proceedings held pursuant to MCR 6.102 or 6.104 need not be
                 recorded by persons certified under this rule; however, transcripts of
                 such proceedings must be prepared by court reporters, recorders,
                 [operators,] or voice writers certified pursuant to this rule.
       
                 (c)-(f)   [Unchanged.]
       
       (2)-(5)   [Unchanged.]
       
            (6)  Renewal, Review, and Revocation of Certification.
       
                 (a)  Certifications under this rule must be renewed annually. The fee for
                 renewal is $30. Renewal applications must be filed by August 1. A
                 renewal application filed after that date must be accompanied by an
                 additional late fee of $[30]100. The board may
                 require certified reporters, recorders, operators, and voice writers to
                 submit, as a condition of renewal, such information as the board
                 reasonably deems necessary to determine that the reporter, recorder,
                 operator, or voice writer has used his or her reporting or recording
                 skills during the preceding year.
       
                 (b)-(d)   [Unchanged.] 
       
            (7)  [Unchanged.] 
  
  Rule 8.109 Mechanical Recording of Court Proceedings
  
       (A)  Official Record. If a trial court uses audio or video recording devices for making the
       record of court proceedings, it shall use only recording devices that meet the
       standards as published by the State Court Administrative Office. [approved by
       the state court administrator pursuant to MCR 8.103(10). Except where such a
       requirement was previously imposed by statute, this provision shall apply only to
       recording devices purchased after the effective date of this subrule.
  ]
  (B)  [Unchanged.]
  
  Staff Comment:  These changes clarify that certified electronic operators do
  not have the authority to prepare transcripts.  The amendments also increase the late renewal
  fee to $100, and remove references to approval by the state court administrator of recording
  devices, requiring instead that recording systems meet SCAO-approved standards.
  
       The staff comment is not an authoritative construction by the Court.