§ 753. — Reporters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC753]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 49--DISTRICT COURTS
Sec. 753. Reporters
(a) Each district court of the United States, the United States
District Court for the District of the Canal Zone, the District Court of
Guam, and the District Court of the Virgin Islands shall appoint one or
more court reporters.
The number of reporters shall be determined by the Judicial
Conference of the United States.
The qualifications of such reporters shall be determined by
standards formulated by the Judicial Conference. Each reporter shall
take an oath faithfully to perform the duties of his office.
Each such court, with the approval of the Director of the
Administrative Office of the United States Courts, may appoint
additional reporters for temporary service not exceeding three months,
when there is more reporting work in the district than can be performed
promptly by the authorized number of reporters and the urgency is so
great as to render it impracticable to obtain the approval of the
Judicial Conference.
If any such court and the Judicial Conference are of the opinion
that it is in the public interest that the duties of reporter should be
combined with those of any other employee of the court, the Judicial
Conference may authorize such a combination and fix the salary for the
performance of the duties combined.
(b) Each session of the court and every other proceeding designated
by rule or order of the court or by one of the judges shall be recorded
verbatim by shorthand, mechanical means, electronic sound recording, or
any other method, subject to regulations promulgated by the Judicial
Conference and subject to the discretion and approval of the judge. The
regulations promulgated pursuant to the preceding sentence shall
prescribe the types of electronic sound recording or other means which
may be used. Proceedings to be recorded under this section include (1)
all proceedings in criminal cases had in open court; (2) all proceedings
in other cases had in open court unless the parties with the approval of
the judge shall agree specifically to the contrary; and (3) such other
proceedings as a judge of the court may direct or as may be required by
rule or order of court as \1\ may be requested by any party to the
proceeding.
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\1\ So in original. Probably should be ``or as''.
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The reporter or other individual designated to produce the record
shall attach his official certificate to the original shorthand notes or
other original records so taken and promptly file them with the clerk
who shall preserve them in the public records of the court for not less
than ten years.
The reporter or other individual designated to produce the record
shall transcribe and certify such parts of the record of proceedings as
may be required by any rule or order of court, including all
arraignments, pleas, and proceedings in connection with the imposition
of sentence in criminal cases unless they have been recorded by
electronic sound recording as provided in this subsection and the
original records so taken have been certified by him and filed with the
clerk as provided in this subsection. He shall also transcribe and
certify such other parts of the record of proceedings as may be required
by rule or order of court. Upon the request of any party to any
proceeding which has been so recorded who has agreed to pay the fee
therefor, or of a judge of the court, the reporter or other individual
designated to produce the record shall promptly transcribe the original
records of the requested parts of the proceedings and attach to the
transcript his official certificate, and deliver the same to the party
or judge making the request.
The reporter or other designated individual shall promptly deliver
to the clerk for the records of the court a certified copy of any
transcript so made.
The transcript in any case certified by the reporter or other
individual designated to produce the record shall be deemed prima facie
a correct statement of the testimony taken and proceedings had. No
transcripts of the proceedings of the court shall be considered as
official except those made from the records certified by the reporter or
other individual designated to produce the record.
The original notes or other original records and the copy of the
transcript in the office of the clerk shall be open during office hours
to inspection by any person without charge.
(c) The reporters shall be subject to the supervision of the
appointing court and the Judicial Conference in the performance of their
duties, including dealings with parties requesting transcripts.
(d) The Judicial Conference shall prescribe records which shall be
maintained and reports which shall be filed by the reporters. Such
records shall be inspected and audited in the same manner as the records
and accounts of clerks of the district courts, and may include records
showing:
(1) the quantity of transcripts prepared;
(2) the fees charged and the fees collected for transcripts;
(3) any expenses incurred by the reporters in connection with
transcripts;
(4) the amount of time the reporters are in attendance upon the
courts for the purpose of recording proceedings; and
(5) such other information as the Judicial Conference may
require.
(e) Each reporter shall receive an annual salary to be fixed from
time to time by the Judicial Conference of the United States. For the
purposes of subchapter III of chapter 83 of title 5 and chapter 84 of
such title, a reporter shall be considered a full-time employee during
any pay period for which a reporter receives a salary at the annual
salary rate fixed for a full-time reporter under the preceding sentence.
All supplies shall be furnished by the reporter at his own expense.
(f) Each reporter may charge and collect fees for transcripts
requested by the parties, including the United States, at rates
prescribed by the court subject to the approval of the Judicial
Conference. He shall not charge a fee for any copy of a transcript
delivered to the clerk for the records of court. Fees for transcripts
furnished in criminal proceedings to persons proceeding under the
Criminal Justice Act (18 U.S.C. 3006A), or in habeas corpus proceedings
to persons allowed to sue, defend, or appeal in forma pauperis, shall be
paid by the United States out of moneys appropriated for those purposes.
Fees for transcripts furnished in proceedings brought under section 2255
of this title to persons permitted to sue or appeal in forma pauperis
shall be paid by the United States out of money appropriated for that
purpose if the trial judge or a circuit judge certifies that the suit or
appeal is not frivolous and that the transcript is needed to decide the
issue presented by the suit or appeal. Fees for transcripts furnished in
other proceedings to persons permitted to appeal in forma pauperis shall
also be paid by the United States if the trial judge or a circuit judge
certifies that the appeal is not frivolous (but presents a substantial
question). The reporter may require any party requesting a transcript to
prepay the estimated fee in advance except as to transcripts that are to
be paid for by the United States.
(g) If, upon the advice of the chief judge of any district court
within the circuit, the judicial council of any circuit determines that
the number of court reporters provided such district court pursuant to
subsection (a) of this section is insufficient to meet temporary demands
and needs and that the services of additional court reporters for such
district court should be provided the judges of such district court
(including the senior judges thereof when such senior judges are
performing substantial judicial services for such court) on a contract
basis, rather than by appointment of court reporters as otherwise
provided in this section, and such judicial council notifies the
Director of the Administrative Office, in writing, of such
determination, the Director of the Administrative Office is authorized
to and shall contract, without regard to section 3709 of the Revised
Statutes of the United States, as amended (41 U.S.C. 5), with any
suitable person, firm, association, or corporation for the providing of
court reporters to serve such district court under such terms and
conditions as the Director of the Administrative Office finds, after
consultation with the chief judge of the district court, will best serve
the needs of such district court.
(June 25, 1948, ch. 646, 62 Stat. 921; Oct. 31, 1951, ch. 655, Sec. 46,
65 Stat. 726; June 28, 1955, ch. 189, Sec. 3(c), 69 Stat. 176; Pub. L.
85-462, Sec. 3(c), June 20, 1958, 72 Stat. 207; Pub. L. 85-508,
Sec. 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 86-568, title I,
Sec. 116(c), July 1, 1960, 74 Stat. 303; Pub. L. 89-163, Sept. 2, 1965,
79 Stat. 619; Pub. L. 89-167, Sept. 2, 1965, 79 Stat. 647; Pub. L. 91-
272, Sec. 14, June 2, 1970, 84 Stat. 298; Pub. L. 91-545, Dec. 11, 1970,
84 Stat. 1412; Pub. L. 97-164, title IV, Sec. 401(a), Apr. 2, 1982, 96
Stat. 56; Pub. L. 104-317, title III, Sec. 305, Oct. 19, 1996, 110 Stat.
3852.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 9a(a), (b), (c), (d), and
section 644 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions (Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3,
1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 5a, as
added Jan. 20, 1944, ch. 3, Sec. 1(a), (b), (c), (d), 58 Stat. 5, 6, 7;
Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; July 9, 1921, ch. 42,
Sec. 313, 42 Stat. 119; June 1, 1922, ch. 204, title II, 42 Stat. 614,
616; Jan. 3, 1923, ch. 21, title II, 52 Stat. 1084; Feb. 12, 1925, ch.
220, 43 Stat. 890).
Section consolidates section 9a(a), (b), (c), (d) of title 28,
U.S.C., 1940 ed., and part of section 644 of title 48, U.S.C., 1940 ed.,
relating to reporters.
The provisions of section 644 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, relating to clerks and deputy
clerks, were incorporated in section 751 of this title. The provision of
said section 644 fixing the salary of the reporter at $1,200 per annum
was omitted as inconsistent with this section. Certain other provisions
of said section 644 were also omitted. (See reviser's note under section
751 of this title.)
Words ``including the District Court of the United States for the
District of Columbia, and the district courts in the territories and
insular possessions'' were omitted as covered by ``Each district court
in the United States, the District Court for the Territory of Alaska,
the United States District Court for the District of the Canal Zone, and
the District Court of the Virgin Islands.'' (See reviser's note under
section 88 of this title.) The courts in Hawaii and Puerto Rico are
district courts of the United States under definitive section 451 of
this title.
Words ``for the performance of the duties combined'' were
substituted for ``therefor, as provided by subsection (c) hereof, any
provision of law to the contrary notwithstanding''.
Subsections (e) and (f) of this section incorporate part of the
provisions of subsection 9a(c) of title 28, U.S.C., 1940 ed. The other
provisions of said subsection are incorporated in sections 550 [see
Prior Provisions note under that section] and 1915 of this title.
The last paragraph of subsection (b) of this section was revised to
conform with the language of section 556 of title 28, U.S.C., 1940 ed.,
providing for inspection of books in the offices of clerks of district
courts. Such section 556 will be omitted, however, as more properly
coverable by rule of court.
References in Text
The Criminal Justice Act, referred to in subsec. (f), probably means
Pub. L. 88-455, Aug. 20, 1964, 78 Stat. 552, as amended, known as the
Criminal Justice Act of 1964, which is classified to section 3006A of
Title 18, Crimes and Criminal Procedure, and provisions set out as notes
under section 3006A of Title 18.
Amendments
1996--Subsec. (e). Pub. L. 104-317 inserted ``For the purposes of
subchapter III of chapter 83 of title 5 and chapter 84 of such title, a
reporter shall be considered a full-time employee during any pay period
for which a reporter receives a salary at the annual salary rate fixed
for a full-time reporter under the preceding sentence.'' after first
sentence.
1982--Subsec. (b). Pub. L. 97-164, amended subsec. (b) generally,
substituting provisions permitting proceedings to be recorded using
electronic sound recording, or any other method, subject to the approval
and authorization of the Judicial Conference and of the presiding judge,
for provisions requiring that an official court reporter attend each
session of the court and every other proceeding designated by rule or
order of the court or one of the judges.
1970--Subsec. (e). Pub. L. 91-272, Sec. 14(1), struck out provisions
limiting to the $3,000 to $7,630 range the annual salary paid to
reporters.
Subsec. (f). Pub. L. 91-545 restricted authorization of United
States to pay fees for transcripts furnished in criminal proceedings to
transcripts furnished to persons proceeding under the Criminal Justice
Act.
Subsec. (g). Pub. L. 91-272, Sec. 14(2), added subsec. (g)
1965--Subsec. (b). Pub. L. 89-163 made provision for recording of
proceedings in United States District Courts by means of electronic
sound recording devices, made subject to the Judicial Conference the
types of electronic sound recording means used by the reporters, made
electronic sound recordings of proceedings on arraignment, plea, and
sentence in a criminal case when properly certified by the court
reporter admissible evidence to establish the record of that part of the
proceedings, required the transcribing of arraignments in addition to
the criminal proceedings already required to be transcribed, and waived
the transcribing requirement for arraignments, pleas, and sentencing
proceedings when such proceedings have been electronically recorded and
such records certified and filed as provided in this subsection.
Subsec. (f). Pub. L. 89-167 provided for payment by United States of
fees for transcripts furnished in proceedings brought under section 2255
of this title to persons permitted to sue or appeal in forma pauperis if
trial judge or a circuit judge certifies that the suit or appeal is not
frivolous and that the transcript is needed to decide the issue
presented by the suit or appeal.
1960--Subsec. (e). Pub. L. 86-568 increased maximum annual salary
from $7,095 to $7,630.
1958--Subsec. (a). Pub. L. 85-508 struck out provisions which
related to District Court for Territory of Alaska. See section 81A of
this title which establishes a United States District Court for State of
Alaska.
Subsec. (e). Pub. L. 85-462 increased maximum annual salary from
$6,450 to $7,095.
1955--Subsec. (e). Act June 28, 1955, increased maximum annual
salary from $6,000 to $6,450.
1951--Subsec. (a). Act Oct. 31, 1951, inserted reference to District
Court of Guam in first par.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1960 Amendment
Amendment by Pub. L. 86-568 effective on the first day of the first
pay period which begins on or after July 1, 1960, see section 122 of
Pub. L. 86-568.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R.
81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508,
see Pub. L. 85-508, set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions.
Savings Provision
Section 401(b) of Pub. L. 97-164 provided that: ``The regulations
promulgated by the Judicial Conference pursuant to subsection (b) of
section 753 of title 28, as amended by subsection (a) of this section,
shall not take effect before one year after the effective date of this
Act [Oct. 1, 1982]. During the one-year period after the date of the
enactment of this Act [Apr. 2, 1982], the Judicial Conference shall
experiment with the different methods of recording court proceedings.
Prior to the effective date of such regulations, the law and regulations
in effect the day before the date of enactment of this Act shall remain
in full force and effect.''
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30-
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
Salary Limitation for Court Reporters
1967--Pub. L. 90-206, title II, Sec. 213(c), Dec. 16, 1967, 81 Stat.
635, inserted a new salary limitation for court reporters effective the
first pay period which begins on or after Oct. 1, 1967, which reflected
the respective applicable pay increases provided by section 202(a) of
Pub. L. 90-206 in corresponding rates of compensation for particular
officers and employees of the government.
1966--Pub. L. 89-504, title II, Sec. 202(c), July 18, 1966, 80 Stat.
294, inserted a new salary limitation for court reporters effective the
first pay period which begins on or after July 1, 1966, which reflected
the respective applicable pay increases provided by section 102(a) of
title I of Pub. L. 89-504 in corresponding rates of compensation for
particular officers and employees of the government.
1965--Pub. L. 89-301, Sec. 12(c), Oct. 29, 1965, 79 Stat. 1122,
inserted a new salary limitation for court reporters which reflected the
applicable pay increases provided by section 2(a) of Pub. L. 89-301 in
corresponding rates of compensation for particular government officers
and employees.
1964--Pub. L. 88-426, title IV, Sec. 402(c), Aug. 14, 1964, 78 Stat.
434, inserted a new salary limitation for court reporters which
reflected the applicable pay increases provided by title I of Pub. L.
88-426 in corresponding rates of compensation for particular government
officers and employees.
1962--Pub. L. 87-793, title VI, Sec. 1004(c), Oct. 11, 1962, 76
Stat. 866, inserted a new salary limitation for court reporters
effective for the pay period beginning on or after Oct. 11, 1962, and
ending immediately prior to the first pay period beginning on or after
Jan. 1, 1964, and provided for a second salary limitation effective for
the first pay period beginning on or after Jan. 1, 1964, which reflected
applicable pay increases provided by title II of Pub. L. 87-793 in
corresponding rates of compensation for particular government officers
and employees.
Section Referred to in Other Sections
This section is referred to in section 775 of this title.
