Rule 15. TRANSCRIPT PREPARATION – NO OFFICIAL COURT REPORTER AVAILABLE

(a) Preparation of transcripts by private court reporter; non-hearing motion. As to any proceeding recorded as provided by court rule, a party for good cause may by non-hearing motion seek court approval to have the transcript prepared by a private court reporter. The motion shall be decided on written submissions, unless otherwise ordered by the court. The motion shall be submitted on a form that substantially complies with Form 4 in the Appendix of Forms of these Rules and shall contain the following information: (1) The date of the relevant proceeding, the type of proceeding (e.g., trial, motion, sentencing), the portion of proceedings for which a transcript is being requested (e.g., all or partial), and the name of the presiding judge. (2) The motion shall be accompanied by a declaration establishing that the private court reporter is qualified to prepare the transcript, disclosing the financial terms for the reporter’s services, and providing the private court reporter’s telephone number, email address, and mailing address. (3) If the recorded proceeding is confidential, the motion shall state whether the appearing parties have agreed to allow the release of the recorded proceeding to the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall prohibit and restrict the private court reporter from revealing or discussing any information involving the confidential proceeding with any person. If applicable, a copy of the proposed or previously entered protective order shall be attached to the motion. (4) That the moving party is prepared to pay the court the necessary cost of production to obtain a copy of the audio recording of the court proceeding. The motion shall be accompanied by a proposed order that substantially conforms to Form 4 in the Appendix of Forms of these Rules. (5) The motion shall be served on all appearing parties on the date the motion is filed. Any response to a motion under this rule shall be filed and served no later than six business days after the service date indicated on the certificate of service or no later than eight business days after the service date if the motion is served by mail. Any reply shall be filed and served no later than three business days after the service of the opposition or five business days after the service date if the opposition is mailed. If the motion is granted, unless the court otherwise directs (1) the transcript shall be certified by the private court reporter as a true and correct transcription of the recorded proceeding, and (2) the transcript fees shall be paid by the requesting party directly to the private court reporter. When authorized by law, the court may direct for the Judiciary to pay for the cost of the requested transcript. “Good cause” under this rule shall mean the unavailability of an official court reporter in the circuit to complete the transcript of the recorded proceeding in question within the time needed by the requesting party or within the time required by court rule or order. (b) Per diem court reporter hired by parties . Where an official court reporter is not available, any party may file a motion for a private court reporter to attend a live court session to prepare a transcript of a live proceeding. The court shall also preserve the testimony by way of a recording. The motion shall be accompanied by a declaration from the private court reporter that establishes the private court reporter is qualified to prepare the live, verbatim transcript. If the proceeding is confidential, the motion shall state whether the parties have agreed to the presence of the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall include that the private court reporter is prohibited and restricted from revealing or discussing any information involving the confidential proceeding with any person. A copy of the proposed protective order shall be attached to the motion. The parties shall be obligated to pay all expenses related to the attendance of the private court reporter, and the motion shall state whether the filing party, or parties jointly, have agreed to pay the private court reporter directly for all expenses incurred, including whether the final transcript will be filed in the case. (c) Per diem court reporter hired by court. Where the number of official court reporters is insufficient to meet the temporary demands and needs of the circuit, the chief court administrator of the circuit may request the procurement of additional court reporters for such circuit on a contract basis. The chief court administrator shall notify the Administrative Director of the Courts, in writing, of such determination. The Administrative Director of the Courts is authorized, subject to funding availability, to contract with any suitable person, firm, association, or corporation for the providing of court reporters to serve such circuit under such terms and conditions as the Administrative Director of the Courts finds will best serve the needs of the court. (d) Administration; Official Transcript Requests. In all courts of the State of Hawai ʻ i, where an official court reporter is not available to facilitate the preparation of transcripts of recorded proceedings the court administrator is authorized to contract with private court reporters and transcription providers, such as a transcriber certified by the American Association of Electronic Reporters and Transcribers as an electronic transcriber, or another transcription certification that the Administrative Director of the Courts deems suitable. (e) Confidential Proceedings. A private court reporter or transcriber utilized under the provisions of this rule shall not provide a transcript of a confidential proceeding to any person without obtaining the court’s written approval, unless the release was previously authorized by court order or is otherwise authorized by law. (f) Official Record of Proceeding. A transcript prepared in accordance with this Rule that is filed in the case shall be an official record of the transcribed proceeding. (g) Transcripts Prepared for Record on Appeal. If the transcript is prepared for the record on appeal: (1) The motion shall be filed in the court from which the appeal is taken. (2) Notwithstanding the filing of a notice of appeal, the trial court retains jurisdiction to enter an order under this Rule. (3) The trial court clerk shall file in the appellate record a copy of the trial court order granting the motion. (4) The private court reporter or transcriber shall comply with Rule 10 of the Hawaiʿi Rules of Appellate Procedure and conventionally file the transcript in the appellate case. (5) If the transcript is from a confidential proceeding, it shall be filed under seal. COMMENTS: [1] As used in this Rule, “private court reporter” means a certified shorthand reporter who offers services on a freelance basis and who is not employed by the Judiciary. See Hawaiʻi Revised Statutes § 606-13.5 (2016). “Official court reporter” means a certified shorthand reporter that is employed by the Judiciary. Id. [2] Subsection (a)(2) requires the moving party to set forth the contact information for the private court reporter. This information is necessary to allow the court administrator, upon approval by the court, to provide the private court reporter with the electronic copy of the recorded proceeding. [3] As used in this Rule, “confidential proceeding” refers to a proceeding that is, in general, confidential by law such as juvenile proceedings, Hawaiʻi Revised Statutes (HRS) § 571-84(a) (2018), adoption proceedings, HRS § 578-15 (Supp. 2024), and Child Protective Act proceedings, HRS § 587A-25 (2018). A hearing that is sealed from public access, for example to address a claim of an evidentiary privilege, would also qualify as a confidential proceeding for purposes of this Rule. [4] If applicable, where the parties are not able to agree on the terms of a protective order the court may enter a protective order that prohibits the private court reporter from revealing or discussing any information involving the confidential proceeding with any person. [5] Notwithstanding the filing of a notice of appeal, the trial court retains jurisdiction to enter an order under this Rule, to allow a party to utilize a private court reporter to prepare a transcript needed for a pending appeal, because such an order is entered in aid of the pending appeal. [6] The court may on its own motion order a transcript to be prepared of the testimony in a civil case and may, in its discretion, direct the payment of the charges and the taxation of the same as costs. HRS § 606-13(b) (2016). [7] As used in this Rule, “good cause” may be established where a party submits a declaration establishing that the requesting party had previously sought the subject transcript from the official court reporter but was informed by the official court reporter, supervising court reporter, or court administrator that the transcript request could not be completed within the time needed by the requesting party, or within the time required by court rule or order. (Added January 22, 2026, effective January 22, 2026.) HCRR Form 1 . Fly Sheet for document(s) containing confidential information. Name of Person Submitting Confidential Information ________________________ Address _________________________________ Telephone Number ________________________ (TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED) STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. ) ) ) ) ) ) ) ) ( CASE NUMBER ): _______________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAIʻI COURT RECORDS RULES * * * CONFIDENTIAL INFORMATION * * * Confidential information submitted pursuant to Rule 9 of the Hawai‘i Court Records Rules and _______________________________________________________. ( cite authorizing statute(s), rule(s), or order(s) ). Information includes name and birthdate of minor, social security number, account number. The documents are titled: List documents by title, without disclosing confidential information in the title. DATED: ____________________, Hawai‘i, (date). ( signature of submitting individual ) Typed name of submitting individual HCRR Form 2 . CONFIDENTIAL INFORMATION FORM. Name of Person Submitting Confidential Information ________________________ Address _________________________________ Telephone Number ________________________ (TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED) STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. ) ) ) ) ) ) ) ) ( CASE NUMBER ): ________________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAIʻI COURT RECORDS RULES CONFIDENTIAL INFORMATION LIST ALL CONFIDENTIAL INFORMATION: Title of Document Containing Referenced Information ( e.g. Defendant’s Motion for Extension of Time) Document File Date Reference in Document Type of Information Complete Information Authority for Confidentiality Title of Document Containing Referenced Information ( e.g. Defendant’s Motion for Summary Judgment) Document File Date Reference in Document Type of Information Complete Information Authority for Confidentiality HCRR Form 2 SAMPLE . SAMPLE CONFIDENTIAL INFORMATION FORM. Name of Person Submitting Confidential Information ________________________ Address _________________________________ Telephone Number ________________________ (TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED) STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. ) ) ) ) ) ) ) ) (CASE NUMBER): _______________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAIʻI COURT RECORDS RULES CONFIDENTIAL INFORMATION LIST ALL CONFIDENTIAL INFORMATION: DEFENDANT’S MOTION FOR EXTENSION OF TIME Document File Date Reference in Document Type of Information Complete Information Authority for Confidentiality 0000 Social Security Number for NAME 000-00-0000 HCRR Rules 2.18, 9 2010 Birthdate of minor JJJ January 1, 2010 HCRR Rules 2.18, 9 JJJ Name of Minor John Jason Jordon HCRR Rules 2.18, 9; HRS § 571-54 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Document File Date Reference in Document Type of Information Complete Information Authority for Confidentiality 7890 Bank of Hawaiʻi retirement account number 1234567890 HCRR Rules 2.18, 9 HCRR Form 3 . REQUEST TO ACCESS COURT OR ALDRO RECORD. REQUEST TO ACCESS COURT OR ADLRO RECORD DATE: _______________ TO: _____________________________________ FROM: _____________________________________________________ Name _____________________________________________________ Contact Information* *If we do not have enough information to contact you, we cannot process the request for information. Please provide any information that will allow us to contact you (name or alias, telephone or fax number, mailing address, e-mail address, etc.) I WANT INFORMATION OR DOCUMENTS FROM THE FOLLOWING COURT RECORD: Name(s) of Party(ies) to Case: _____________________________ Case Number: _____________________________ Case Type: _____________________________ Circuit: ___ 1 st ___ 2 d ___3 d ___ 5 th Court or Agency in which case was filed: ¨ ADLRO ¨ District ¨ Family ¨ Circuit ¨ ICA ¨ SCT I WANT: ¨ To inspect the record. ¨ To get a ¨ complete ¨ partial copy of the record. If partial, please identify the document(s) you want copied: ¨ To pick up ordered copies from the office where it is maintained. ¨ To have ordered copies ¨ mailed, ¨ faxed, or ¨ emailed to me at the contact address noted above. FEES: The fee for paper copies of documents from a court record is: $1.00 for the first page of each document, plus 50¢ for each additional page. See Rule 2.2 of the Rules of the District Courts of the State of Hawai‘i, Rule 2.2 of the Rules of the Circuit Courts of the State of Hawai‘i, and Rule 45(e) of the Hawai‘i Rules of Appellate Procedure. The fee for paper copies of documents from an ADLRO record is usually 15¢ per page for self service; 15¢ per page plus a $2 handling fee if the clerk makes the copies. Other fees may apply. See the Judiciary’s Schedule of Administrative Fees. HCRR Form 4 . NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE; INSTRUCTIONS; PROPOSED ORDER; REQUEST STATE OF HAWAI # I In the ____________ of the _____________ NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE; INSTRUCTIONS; PROPOSED ORDER; REQUEST G Check here if the transcript(s) covered by this motion are for the Record on Appeal, and identify the appellate case numbers: ____________________________________. Case No. vs. Name (Requestor): Firm (if applicable): Address: Phone No.: Email: Attorney for: G Plaintiff/Petitioner G Defendant/Respondent G Other (specify): NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING Moving party requests this motion be granted for the reasons stated in the declaration below and pursuant to: [ ] Hawai # i Court Records Rules (HCRR), Rule 15 [ ] _____________________________________________________________________________________. DECLARATION 1. I am [ ] the Moving Party or [ ] associated with the Moving Party as ________________________________. 2. Moving Party seeks court approval, for good cause detailed below, to have a transcript(s) prepared by the following private court reporter (as such term is defined in HRS § 606-13.5): Private Court Reporter – Name and/or Firm: ___________________________________________________ Phone No. _________________________ Email: ______________________________________________ Address: ______________________________________________________________________________. 3. The complete financial terms between Moving Party and the private court reporter follow: ________________________________________________________________________________________ ________________________________________________________________________________________. 4. Good cause exists under HCRR Rule 15 because an official court reporter in the circuit is not available to complete the transcript of the recorded proceeding in question as established by the following: [ ] Moving Party previously sought the subject transcript(s) from the official court reporter but was informed by the official court reporter, supervising official court reporter or court administrator that the transcript request could not be completed within the time needed by the requesting party, or within the time required by court rule or order. [ ] Further details: 5. Moving Party is prepared to pay the necessary cost of production to obtain a copy of the recording of the court proceeding. 6. Confidential Proceedings only . If the recorded proceeding is a confidential proceeding, explain whether a protective order has been or should be entered ( see HCRR 15(a)(3)): 7. The case number, date of proceeding, the type of proceeding, the portion of proceedings for which a transcript is being requested (e.g., all or partial), and the name of the presiding judge are: Case No. Date Type of proceeding (e.g. trial, motion, sentencing, etc.) Portion of proceeding for which transcript is being requested Name of Judge/Hearing Officer/Agency 8. The proposed order granting the motion is submitted concurrently with this motion. I, ___________________________ , declare under penalty of law that the foregoing is true and correct based on personal knowledge, and I am competent to testify to the matters stated. Date: ___________________ Signature of Declarant: ___________________________________ Printed Name: _______________________________________ NOTICE OF MOTION To Notice is hereby given that any response to this Non-Hearing Motion shall be filed within six business days of service, or where service was made by regular mail, within eight business days. CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was served on the above-identified parties at their respective addresses or by electronic means on ________________________. Filing Party/Attorney: Date: ________________________ Signature: _________________________________ Print/Type Name: ___________________________ Instructions re: NON-HEARING MOTION FOR LEAVE TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING 1. Make sure the form is typed or neatly written. Fill in the form by completing all of the information identified in each section. 2. A separate motion should be prepared for each private court reporter being asked to transcribe proceedings. You may list on one form multiple dates of proceedings to be transcribed by the same private court reporter. 3. Where you need to identify more proceedings than you are able to fit on a single form, you may attach a continuation sheet that lists the additional proceedings. 4. When you have completed the form, file the original form in the applicable case as a non-hearing motion along with the proposed order. The form shall be electronically filed or conventionally filed with the trial court clerk if the filing party is not a registered Judiciary Electronic Filing System user. 5. After the order granting the motion is entered, court staff will contact you within a reasonable period of time, which in general should not exceed 10 business days, to secure payment and confirm the expected delivery date of the recording(s) to the private court reporter. To check on the status of the delivery of your record, please contact the Legal Documents Branch of the court where the request was submitted and be prepared to provide the case number, the date of the order, and your preferred contact information (e.g., phone number, email, mailing address). 6. The completed transcript may be filed in the case by a party. Confidential information shall be filed under seal in accordance with the Hawai ʻ i Court Records Rules. At the time of filing, the completed transcript should be designated as the “Transcript of proceedings held on <date>.” 7. If the transcript is for the record on appeal, see Hawaiʿi Court Records Rules, Rule 15(g). 8. For further information, see Hawai ʻ i Court Records Rules, Rule 15. In the ____________________ _____________________ state of hawai ʻ i vs. CASE NO. PROPOSED ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; REQUEST FOR RECORD PROPOSED ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; REQUEST FOR RECORD In the ____________________ _____________________ state of hawai ʻ i vs. CASE NO. ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; REQUEST FOR RECORD ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING Upon review of the Motion to Utilize Private Court Reporter to Prepare Transcript of Recorded Proceeding filed by ____________________________________________________________ (“Moving Party”) on _______________________, and the record, the Moving Party’s request to have a transcript of the identified court proceeding(s) in this case prepared by private court reporter ____________________________________________ is granted for good cause under Rule 15 of the Hawai ʻ i Court Records Rules, and a copy of the recorded court proceeding(s) identified-below shall be transmitted by the clerk or court staff to the private court reporter upon the payment by the Moving Party to the Judiciary of the necessary cost of production. The delivery schedule for the transcript shall be a matter determined between the Moving Party and the private court reporter. Any party may file the completed transcript in the case. If the transcript contains confidential information, it shall be filed under seal in accordance with the Hawai ʻ i Court Records Rules. RECORDED COURT PROCEEDINGS TO TRANSFER TO PRIVATE COURT REPORTER: Case No. Date(s) of proceeding(s) Type of proceeding Portion of proceeding for which transcript is requested (e.g., all or partial) Name of Judge/Hearing Officer/Agency [ ] Additional Provisions, if applicable follow: It is so ordered. Dated: _______________, Hawai ʻ i, ____________________________. JUDGE OF THE ABOVE-ENTITLED COURT In the ____________, ____________; Case No. ___________; ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING REQUEST FOR RECORD Pursuant to court rule ( see Rule 2.2 of the Rules of Circuit Courts and Rule 2.2 of the Rules of the District Courts), the clerk shall collect costs and fees provided in Chapter 607 of the Hawai ʻ i Revised Statutes. Court staff should be given 10 business days from the date of the request to prepare the copy of the requested proceeding. You will be contacted by court staff for payment. Court staff may also request to confirm the delivery information for the private court reporter that you hired. NOTE: Audio cannot be played on a CD Player. The audio file can only be played on a computer. FOR INTERNAL USE ONLY TO BE COMPLETED BY FILE CLERK: [ ] Video [ ] Audio CD Received by: _________________________________ PAID: ______________ Date/Time: _________________________________ TO BE COMPLETED BY COURTROOM CLERK: Type of Proceeding: Amount to be charged: Rush Fee: Return original request and CD to documents filing clerks, except for requests made by the prosecutor’s and public defender’s office. Give those to fiscal office. ACKNOWLEDGMENT AND RECEIPT Signature of Court Administrator/Date (For Official Use Only) If applicable (e.g., confidential/sealed hearing): Signature of Judge/Date