Court Stenographer Agreement: Per Diem and Transcript Delivery (Service Provider Guide)

Court stenographers and transcription services live and die by clarity: the scope of the appearance, the pay structure, and exactly when/how transcripts must be delivered. Yet many service providers still show up to proceedings with only an email confirmation—or worse, a verbal understanding—only to face disputes over cancellation fees, expedited transcript add-ons, or who pays for parking and copies.

This guide explains how to structure a stenographer service contract from the service provider perspective, with a special focus on per diem terms and transcript delivery obligations. It’s written for working court reporters, agencies, and court transcription services that want fewer billing surprises and more enforceable deal terms. Along the way, you’ll see how to incorporate common provisions into a court reporter agreement (or a court transcription service agreement) while keeping language practical and client-friendly.

You’ll also find cues you can use when adapting a court stenographer contract template for your day-to-day bookings.

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Why you need a written court stenographer agreement (even for “regular” clients)

When clients book you frequently—law firms, insurers, government entities—it’s tempting to rely on routine. But routine doesn’t resolve edge cases, like:

• The hearing runs four hours longer than scheduled
• The judge orders a same-day readback
• A deposition is canceled the morning of (after you’ve already traveled)
• The client demands a “final” transcript in 24 hours without discussing expedite rates
• Multiple parties request copies and everyone assumes someone else is paying

A written court reporter agreement helps you do three things:

1. Protect revenue with enforceable minimums, overtime, late cancellations, and transcript surcharges.
2. Set expectations for delivery, formats, certification, and revision windows.
3. Reduce administrative burden by standardizing billing, payment terms, and approvals.

Even a short, well-drafted court transcription service agreement can prevent the majority of disputes that otherwise consume unpaid time.

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Key sections of a stenographer service contract (provider-focused)

A strong stenographer service contract typically includes:

1. Parties and engagement (who is hiring whom)
2. Scope of services (attendance, reporting method, transcript preparation, exhibits, readback)
3. Scheduling, confirmation, and changes
4. Per diem / appearance fees (and what they cover)
5. Transcript delivery terms (turnaround, expedite tiers, delivery method, certification)
6. Additional services and surcharges (realtime, rough drafts, readback)
7. Expenses and reimbursables (travel, parking, shipping)
8. Payment terms and collections
9. Ownership, licensing, and permitted use of transcripts
10. Confidentiality and data security
11. Legal compliance and professional standards
12. Limitation of liability and indemnity (carefully, ethically)
13. Term, termination, and cancellation fees
14. Dispute resolution, governing law, venue
15. Signatures and order details (job sheet / work order)

Below we zoom into the two areas that most often trigger friction: per diem and transcript delivery.

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Per diem rates: how to structure appearance fees that actually work

“Per diem” often means different things to different clients. In stenography, it might be:

• A flat appearance fee for up to a set number of hours
• A day rate regardless of hours
• A half-day / full-day structure
• A minimum with overtime increments

To avoid ambiguity, define (a) what your per diem covers and (b) how overages are calculated.

1) Define what “per diem” includes (and excludes)

A clean way to draft this is to state that the per diem covers:

• Attendance at the proceeding (deposition/hearing/trial day)
• Stenographic record creation
• Standard equipment and setup
• Basic administrative handling (e.g., file naming, storage, invoicing)

Then carve out items that are commonly disputed:

• Transcript preparation (often priced per page)
• Expedited delivery
• Rough drafts, daily copy, realtime
• Readback
• Videoconference platform fees (if you host)
• Travel, mileage, parking, tolls
• Copies for additional parties

Provider tip: If your business model bundles a standard transcript with appearance, state that explicitly and define “standard” (delivery time, format, page rate included, and what triggers additional charges).

2) Use minimums and overtime rules to prevent “scope creep”

Proceedings rarely end on time. Your agreement should say what happens if the job runs long.

Common structures include:

• Half-day minimum (e.g., up to 4 hours on the record)
• Full-day rate (e.g., up to 7 or 8 hours)
• Overtime billed in increments (e.g., per hour or per half-hour beyond the included time)

Also define whether “hours” are on-the-record only or include waiting time. Many providers charge waiting time after a grace period (e.g., first 30 minutes included).

3) Address late starts, postponements, and last-minute cancellations

This is where a court stenographer contract template adds real value—because the language is reusable.

Include:

• Confirmation deadline (e.g., schedule is not guaranteed until confirmed in writing)
• Cancellation tiers, such as:
  • Same-day cancellation: full per diem (and travel if already incurred)
  • 24-hour cancellation: percentage of per diem
  • 48-hour cancellation: reduced fee or no fee
• No-show fee (often full per diem)
• Rescheduling treated as cancellation + new booking unless moved within a defined window

Make sure the fee structure is commercially reasonable and consistent with your market.

4) Spell out travel and remote appearances

Per diem can be location-sensitive. If you serve multiple counties or circuits, set travel zones:

• Local zone: no travel fee
• Out-of-area: mileage at a stated rate, plus travel time and lodging if needed
• Remote appearances: indicate whether remote is priced differently (some providers price it the same due to similar workload)

If your clients frequently request last-minute remote coverage, address tech requirements and who is responsible for connectivity issues.

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Transcript delivery: terms that prevent the biggest billing disputes

Transcript delivery problems are common because clients often assume turnaround is “standard” and included. From the service provider perspective, you want transcript terms that define what is delivered, when, how, and at what price—including expedited options.

1) Define transcript products (final, certified, rough)

A good court reporter agreement distinguishes among:

• Final transcript (proofread, formatted, certified as applicable)
• Rough draft (uncertified, may contain errors, typically delivered quickly)
• Realtime feed (live streaming text; requires setup and may involve licensing)
• Daily copy (delivered same day or next morning, typically premium)
• Readback (oral reading from notes during proceeding; billed separately)

If you provide a rough draft, include a disclaimer that it is not the official record and may not be used for filing or dispositive purposes unless permitted by law/court order.

2) Turnaround times and expedite tiers

Instead of a vague promise (“as soon as possible”), use a clear tier table in your stenographer service contract, such as:

• Standard: X business days
• Expedite: Y business days
• Same-day / daily: delivered by time certain (e.g., by 9:00 a.m. next business day)
• Hourly rush (rare): delivered within Z hours after adjournment (if offered)

Also define:

• When the clock starts (end of proceeding vs. receipt of exhibits/audio vs. payment/authorization)
• Business days vs calendar days
• What happens if the proceeding ends late (e.g., after 5 p.m.)

3) Delivery method, formats, and security

Clients increasingly expect secure digital delivery. Your court transcription service agreement should state:

• Delivery channels (secure portal, encrypted email, file share)
• File formats (PDF, ASCII, Word)
• Whether delivery includes hyperlinked indexes, condensed transcripts, or exhibit integration
• Retention period for downloads (e.g., links expire after 30 days)
• Any fees for re-delivery, re-printing, or additional media (USB, paper copies)

From a provider standpoint, include a clause that you are not responsible for delays caused by the client’s spam filters, IT blocks, or incorrect contact details.

4) Page rates and how pages are calculated

Transcript billing is a common conflict point. Clarify:

• Page rate basis (ordinary copy, expedited copy, daily)
• What constitutes a “page” (your software’s standard formatting rules)
• Minimum transcript charges (if applicable)
• Appearance fee vs transcript fee (separate line items)

If multiple parties order copies, define:

• Who is the “ordering party”
• Whether non-ordering parties may obtain copies and at what rate
• Whether authorization is required before providing copies to other parties (depending on jurisdiction and ethical rules)

5) Corrections, errata, and finalization

From the provider perspective, you want a defined revision process:

• Time window to request corrections (e.g., 10 days)
• What qualifies as an error (mishearing vs substantive change)
• Fees for extensive revisions not attributable to your mistake
• Treatment of speaker identification disputes

If the legal system provides a formal errata sheet process (common in depositions), reference that procedure and your role in incorporating it.

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Optional add-ons: monetize premium services without friction

A modern court reporter agreement can include an “Add-On Services” schedule so clients can select what they need without renegotiation.

Common add-ons:

• Realtime (per session or per day, plus connection fees)
• Rough draft (flat or per-page premium)
• Daily copy / same-day
• Weekend/holiday service
• Interpreter coordination (if you offer it)
• Video sync (if working alongside videographers)

Provider best practice: require written authorization (email is fine) for any add-on that changes price or turnaround. The contract can state that proceeding attendance does not imply consent to expedited delivery.

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Payment terms: keep cash flow predictable

Even a great transcript clause won’t help if payment is slow. Include:

• Invoice timing (e.g., appearance invoiced immediately; transcript invoiced on delivery)
• Payment due date (Net 15/Net 30)
• Late fees or interest where permitted
• Collection costs and attorneys’ fees (if enforceable in your jurisdiction)
• Credit card / ACH terms and processing fees (where allowed)
• Retainer or deposit for new clients or large matters
• Client responsibility for third-party costs (shipping, venue fees)

If you work through agencies, add a clause clarifying whether the agency or the end client is responsible for payment (and whether you may pursue both).

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Legal and compliance notes (important for professional services)

Court reporting is regulated differently across states and courts. Your stenographer service contract should acknowledge:

• Compliance with applicable court rules and certification requirements
• Neutrality and impartiality obligations (especially in depositions)
• Confidentiality and handling of sensitive data
• Record retention obligations and destruction policies

Avoid overpromising. For example, if transcript turnaround depends on workload and client responsiveness (exhibit lists, speaker spellings), state that cooperation is required.

Not legal advice: If you operate across jurisdictions, have counsel review your base template once, then reuse it with job-specific work orders.

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Practical structure: master agreement + work order (recommended)

Many providers do best with:

1. A reusable master court transcription service agreement (or court reporter agreement) containing legal and operational terms
2. A one-page work order for each booking listing:
   • Date/time/location
   • Matter name
   • Per diem / minimum
   • Requested transcript product + turnaround tier
   • Special requests (realtime, rough, daily)
   • Contact and delivery details

This approach reduces back-and-forth and gives you consistent terms while staying flexible per assignment. It also makes your court stenographer contract template more scalable.

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Common pitfalls service providers should avoid

• Undefined per diem: “$X per diem” without hours, minimums, or overtime language.
• Hidden expedite assumptions: Client expects 48-hour delivery but you priced standard.
• No cancellation clause: You lose a day’s revenue when a job cancels last minute.
• Unclear copy policy: Multiple parties request transcripts; you deliver without defined billing.
• No format/security terms: Client can’t open the file or complains about delivery method.
• No authorization rule: Client disputes charges for add-ons they “didn’t approve.”

A solid stenographer service contract prevents these issues by clearly defining what you’re selling and how it’s delivered.

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Example clause checklist (quick reference)

Use this checklist when reviewing your court stenographer contract template:

Per Diem / Appearance

• [ ] Half-day/full-day definition (hours and what counts)
• [ ] Overtime rate and increments
• [ ] Waiting time policy
• [ ] Travel and expenses
• [ ] Cancellation/no-show tiers
• [ ] Remote appearance terms and tech responsibilities

Transcript Delivery

• [ ] Standard turnaround and expedite tiers
• [ ] Product definitions (final vs rough vs daily vs realtime)
• [ ] Page rate basis and page calculation method
• [ ] Delivery method (secure link, formats)
• [ ] Corrections/errata process and deadlines
• [ ] Copy policy and authorization requirements

Business Terms

• [ ] Payment due date and late fees
• [ ] Approval workflow for add-ons
• [ ] Liability limits aligned with professional norms
• [ ] Governing law and dispute resolution

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Other questions people ask (to keep learning)

• What’s the difference between a court reporter agreement and a court transcription service agreement?
• How do court reporters structure half-day vs full-day minimums in a per diem model?
• What cancellation fee terms are considered reasonable for depositions and hearings?
• Can I charge waiting time if counsel is late or the judge runs behind?
• How should realtime services be priced and documented in a stenographer service contract?
• What disclaimers should I use for rough drafts to reduce misuse risk?
• How do transcript copy sales work when there are multiple parties in a matter?
• What’s the best way to handle exhibit management and video synchronization in the contract?
• How long should I retain notes, audio backups (if any), and final transcripts?
• What security language should be included when delivering transcripts electronically?

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Final thoughts: make your per diem and delivery terms easy to say “yes” to

Clients want speed, certainty, and professionalism. Service providers need predictable pay, controlled turnaround commitments, and a clean process for add-ons. A well-written stenographer service contract—with clearly defined per diem minimums and transcript delivery tiers—turns your workflow into a repeatable system and reduces disputes without adding friction.

If you want a faster way to generate and customize a court stenographer contract template, a court reporter agreement, or a court transcription service agreement with strong per diem and transcript delivery language, you can create one using Contractable, an AI-powered contract generator: https://www.contractable.ai