General Order Affects Court Reporters & Attorneys

Jefferson County Kentucky –                                                                                     Circuit Court Orders Original Transcripts Sealed

The Honorable Charles Cunningham, Jr., Chief Judge of Jefferson County Kentucky Circuit Court, has entered a General Order, effective February 9, 2017, nullifying and replacing a previous General Order issued on May 21, 2010, regarding the filing of deposition transcripts and video records. Both court reporters and attorneys who have cases pending in Jefferson County KY Circuit Court should be aware of this new General Order and its implications. 

Court Reporters must now Seal Original Transcripts in Envelope

The following is a Jefferson Circuit Court General Order regarding the filing of deposition transcripts and video records. This order is intended to nullify and replace the General Order entered by this court on May 21, 2010.

“Originals of depositions, whether recorded by stenographic or other means, shall be kept in the custody of the attorney noticing the deposition unless otherwise ordered by the Court. The transcript or recording shall be delivered to the noticing attorney in a sealed envelope and not unsealed unless ordered by the Court. The court reporter, videographer, or other officer who took the deposition shall be deemed to have delivered the original to the Court for purposes of CR 30.06(1) when the court reporter, videographer, or other officer who took the deposition delivers the original to the noticing attorney and the attorney files a Notice of Receipt in the action. Physical delivery of the original to the court clerk is prohibited due to the space limitations of the Jefferson Circuit Clerk.

“The attorney who noticed the deposition and who takes custody of the original shall not be required to produce the original for inspection or copy unless ordered to do so by the Court. The court reporter, videographer, or other officer who took the deposition (and not the attorney who noticed it) shall provide a copy to any party or attorney who requests it after payment of a reasonable fee as contemplated by CR 30.06(3).

“In the event the attorney who noticed the deposition does not order the original and another attorney does, the attorney ordering the original shall take custody of the original and provide the Notice of Receipt.”

The way we see it, the gist of this new General Order requires court reporters to seal the original Jefferson County Kentucky Circuit Court transcripts in an envelope and deliver it to the taking attorney (or the attorney ordering the deposition transcribed) in that sealed envelope for safekeeping. The original transcript can only be unsealed by court order. Additionally, attorneys receiving the original sealed transcript must now file a Notice of Receipt in the action.