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• request for comment Mass. R.A.P rule 8 11-23-10

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NOTICE
Proposed Amendment to
Rule 8(b) of the Massachusettts Rules of Appellate Procedure

          The Supreme Judicial Court's Working Group on Rule 8 of the Massachusetts Rules of Appellate Procedure solicits comments on proposed amendments to Mass. R.A.P. 8(b) and a proposed administrative order. The Working Group was established by the Supreme Judicial Court to review the current rule and recommend appropriate changes. The proposed amendments substantially rewrite and simplify the Rule, particularly with regard to transcripts of electronically recorded proceedings. Many of the proposed changes reflect the widespread use of new digital audio recording systems in the Trial Court. The proposed amendments recognize the role of the Office of Transcription Services (OTS), the office within the Administrative Office of the Trial Court that manages transcript preparation. 

          In addition to the amended Rule, the Working Group proposes that the administrative details for transcript orders be included in an Administrative Order to be issued by the Chief Justice for Administration and Management of the Trial Court. The procedures proposed to be governed by the Administrative Order include:

1. A requirement that transcripts be submitted electronically in pdf format. The electronic copy will reduce the need for additional paper copies and facilitate the distribution of the transcript to the parties.
   
   
2. The establishment of a uniform procedure for payment for transcripts in civil cases. The ordering party is required to pay fifty percent of the estimated cost at the time the order is placed and the balance upon completion of the transcript.
   
   
3. The establishment of a standard "presumptive list" of proceedings to be transcribed in criminal and child welfare cases. The clerk's office initiates the order in these cases and the presumptive list will reduce delay and provide uniformity. Appellate counsel may identify other proceedings that should be transcribed.

          The proposed amendments to the rule and a proposed Administrative Order are attached, along with a blacklined version showing changes from the current Mass. R. A. P. 8(b).

           Comments on the proposed amendments should be directed to Christine P. Burak, Secretary, Supreme Judicial Court Rules Committee, Supreme Judicial Court , John Adams Courthouse, One Pemberton Square , Boston MA 02108 on or before Tuesday, November 23, 2010.   Comments may also be sent to christine.burak@sjc.state.ma.us.


Proposed amendment to Mass. Rules of Appellate Procedure Rule 8   

Blacklined version of the Mass. Rules of Appellate Procedure Rule 8 

Proposed Administrative Order regarding Procedures for Ordering and Preparing Transcripts of Trial Court Proceedings