*Hiring court stenographers? Essential service agreement terms for attorneys and legal teams.*

Hiring a Stenographer for Court: Service Agreement Terms (What Attorneys Should Require)

Hiring court stenographers? Essential service agreement terms for attorneys and legal teams.

When you hire a court stenographer, you’re not just booking a vendor—you’re securing a critical record that can influence litigation strategy, motion practice, appellate issues, and settlement outcomes. Yet many legal teams still rely on informal email confirmations or generic vendor forms that don’t address courtroom realities: expedited transcript requests, partial-day billing, readbacks, exhibit handling, confidentiality, and what happens when a proceeding runs long or is continued.

This guide breaks down the most important terms to include in a stenographer service contract, from the client/buyer perspective, so your team can reduce disputes, control costs, and protect the integrity of the record. We’ll use common terminology you’ll see in a court reporter agreement and a court transcription contract, and highlight drafting tips that matter in real-world litigation.

Why a written agreement matters (even for “routine” court reporting)

Court reporting engagements seem straightforward—until they’re not. Consider common pain points:

A hearing runs two hours over the scheduled time and your invoice doubles.
Your team needs an expedited transcript for an emergency motion, but rush fees were never disclosed.
The reporter claims ownership over the transcript format and refuses delivery in your preferred file type.
A confidentiality issue arises: sensitive exhibits or minors’ information appears in the record.
A proceeding is continued the morning of, and you’re charged a full appearance fee anyway.

A well-structured hire court stenographer contract addresses these issues up front, using clear scope, pricing, delivery, and responsibility provisions.

1) Parties, engagement, and scope of services

Start with basics that prevent misunderstandings.

Parties and identifiers

Legal name of the reporting agency and the individual reporter (if known)
Your firm/legal department name and billing contact
Proceeding details: case caption, docket number, court, judge, location (or remote platform)

Scope definition

Spell out exactly what “services” include. For example:

Attendance/appearance at specified proceeding(s)
Stenographic capture, realtime (if applicable), and production of transcript
Certification of transcript (as required by jurisdiction)
Handling of exhibits (marking, logging, scanning, retention)
Readbacks in court (if requested/ordered)

Drafting tip: Separate “included” services from “optional add-ons” (realtime feed, rough draft, same-day delivery, condensed transcripts, ASCII/LEF files, synchronization, etc.). This avoids scope creep and surprise fees.

2) Scheduling, confirmation, and changes (continuances, cancellations, late starts)

Court schedules move—your agreement should anticipate it.

Booking and confirmation

Your court reporter agreement should state:

How far in advance you must book
Confirmation method (email confirmation with date/time/location + reporter name)
Required information you must provide (caption, counsel list, interpreter needs, remote access details)

Continuances and rescheduling

Include a clear rescheduling process and how fees apply when:

Court continues the matter to a new date
The judge calls the case late
The hearing is converted from in-person to remote (or vice versa)

Cancellation fees

Define a cancellation window (e.g., 24/48 business hours) and a reasonable fee schedule:

No fee if canceled by a certain deadline
Partial appearance fee if canceled within the window
Full appearance fee only for true “day-of” cancellations or reporter already on-site

Attorney-focused tip: Tie cancellation fees to actual incurred cost (travel time, minimum call), and require written confirmation of cancellation/reschedule to avoid “no-show” disputes.

3) Service standards: accuracy, certification, and compliance

A transcript is only as valuable as its reliability. Your court transcription contract should set expectations.

Professional standards

Include language that the reporter will:

Hold required licenses/certifications for the jurisdiction (if applicable)
Comply with applicable court rules and ethical obligations
Produce an accurate record to professional standards (often referencing NCRA guidelines if relevant)

Transcript certification

Specify:

Whether transcript is certified, and what form of certification applies
Delivery of original vs. copies (some courts require the original to be filed/held)
Handling of errata sheets (especially for depositions; for court hearings it’s usually governed by court rules)

Corrections and disputes

Address:

Process for reporting suspected errors
Timeline for corrections
Whether minor corrections are included at no charge
A clear limitation that corrections must reflect the audio/stenographic record (not advocacy edits)

4) Deliverables: formats, timelines, and ownership/access

This is where many disputes arise because teams assume deliverables that aren’t in the paperwork.

Transcript delivery deadlines

Define standard delivery and optional expedited tiers, for example:

Standard: 10–14 calendar days
Expedited: 5 days
Daily: next business day
Same-day: by end of day (when feasible)

Tie deadlines to when the proceeding ends and when exhibits/audio are provided.

File formats and add-ons

List deliverables and formats:

PDF (searchable)
Word (.docx) upon request
ASCII/LEF for litigation support tools
Realtime streaming feed (Bridge/LiveNote, etc.)
Rough draft (clearly labeled “uncertified”)

Access and distribution

Clarify:

Who may receive the transcript (lead counsel, co-counsel, client, experts)
Whether sharing with third parties is restricted
Whether your client is permitted to file the transcript under seal if required

Ownership and license

A common friction point: agencies sometimes assert restrictive “ownership” language. From a buyer perspective, you want:

A perpetual license to use the transcript and related deliverables for the matter (and related proceedings)
Permission to create internal copies, annotate, and load into review platforms
Clarity on whether the reporter retains underlying stenographic notes/audio and for how long

Practical approach: You don’t need to “own” the reporter’s notes; you need enforceable rights to use the transcript, exhibits package, and any synced media you pay for.

5) Fees and billing terms (avoid surprises)

A strong stenographer service contract itemizes fees and defines what triggers them.

Common fee components to define

Appearance fee / minimum call (e.g., 2-hour minimum)
Per-page rates (original + copies)
Realtime fees (per hour or per day)
Rough draft fees
Expedited delivery surcharges
Exhibit handling/scanning fees
Remote proceeding fees / platform fees
Readback rates (often per half-hour)
Travel time, mileage, parking, tolls
Late-night/weekend/holiday rates

Billing increments

Specify:

Time billed in 15-minute increments (or similar)
Definition of “on the record” vs. “off the record” time (some engagements bill from arrival to release)
Whether meal breaks are billable

Estimates and rate cards

Require:

Written rate sheet attached as an exhibit
Advance approval for rush services or any charges above a stated cap
A “most favored pricing” clause if you have repeat volume (optional but useful for legal teams)

Payment terms

Include:

Net 30 (or your standard)
Where invoices should be sent
What backup is required (times, date, proceeding name, court, reporter, transcript order details)

6) Transcript ordering rules and priority (especially when multiple parties exist)

Court proceedings may involve multiple counsel. Your agreement should state:

Who is authorized to order transcripts under your account
Whether the agency can release transcripts to other parties without your consent (usually governed by court rules; depositions differ)
If multiple parties request copies, how costs are handled
Priority for your expedited order when multiple requests come in

Why it matters: For time-sensitive motions, you want a clear chain of authorization and priority so your “daily” order doesn’t become “whenever it’s ready.”

7) Confidentiality, privilege, and data security

Court matters can include confidential filings, trade secrets, personal data, HIPAA-related testimony, or sealed proceedings. Your court reporter agreement should include:

Confidentiality obligations

Non-disclosure of case information, testimony, and exhibits
Limited use: performing services only
Confidentiality survives termination

Data security requirements (especially for remote proceedings)

Encryption for file transfer (secure portal vs. email attachments)
Access controls for transcript downloads
Retention and deletion schedule for electronic files
Breach notification obligations and timeline

Handling sealed/juvenile matters

Specify:

Special labeling and restricted distribution
Compliance with sealing orders and local court requirements

8) Remote and hybrid proceedings: technical standards

Remote hearings and hybrid proceedings are normal now. Add provisions covering:

Platform responsibility (Zoom, Teams, court platform)
Who provides the invite link and manages waiting rooms
Backup plan if connection fails (phone dial-in, reschedule, or continuation)
Audio quality disclaimers (but avoid letting the vendor disclaim everything)
Realtime connection requirements (if you order realtime)
Recording policies (some courts prohibit independent recording)

Buyer tip: Require the reporter to notify you immediately if technical issues may affect the completeness of the record.

9) Exhibits: marking, scanning, and custody

Exhibit handling can derail hearings and post-hearing briefing. Your stenographer service contract should specify:

Whether the reporter will mark exhibits on the record
Whether the reporter will maintain an exhibit list
Whether exhibits will be scanned and delivered with the transcript
Chain-of-custody expectations (especially for originals)
Deadline for returning original exhibits, if handled by the reporter

If your team uses an e-binder, specify how exhibits should be labeled (e.g., “Exhibit 12 – Smith Decl – 2026-02-08.pdf”).

10) Readback, playback, and corrections in court

In-court readbacks can be urgent and contentious. Address:

Availability for readback during the proceeding
Billing rate for readback
Whether readback must be requested by the court or may be requested by counsel (depends on jurisdiction/practice)
Whether realtime is required for rapid readback and the cost implications

11) Term, termination, and replacement reporter

Even a single proceeding benefits from termination language.

Include:

Term: limited to a date/proceeding, or ongoing for the matter
Termination for convenience (with notice) vs. termination for cause (material breach)
Replacement reporter obligations if the assigned stenographer is ill/unavailable
Requirement that replacement meets the same qualification standards

Attorney-focused tip: Require prompt notice if the reporter changes. In some cases, continuity matters for realtime dictionaries and terminology.

12) Liability, indemnification, and limitations (balanced, realistic)

Vendors often include aggressive limitation-of-liability language. Negotiate what matters:

Accuracy remedies: correction/replacement transcript; refund of transcription portion for material errors
Consequential damages: reporters often disclaim these; you can accept limited exclusions but resist overly broad waivers that eliminate meaningful remedies
Indemnity: appropriate for third-party claims arising from the vendor’s negligence, IP infringement (if they provide software deliverables), or data breach
Force majeure: include but ensure it doesn’t excuse avoidable staffing failures

13) Dispute resolution and governing law (keep it practical)

For routine reporting services, avoid over-lawyering—but don’t leave ambiguity.

Governing law: typically where services are performed or where your firm is located
Venue: local courts
Attorneys’ fees: optional; consider mutual fees for enforcement
Informal escalation: billing disputes to be raised within X days; parties attempt to resolve before formal action

14) Accessibility, interpreters, and special accommodations

If your proceeding may involve:

Deaf or hard-of-hearing participants (CART)
Non-English testimony (interpreters)
ADA accommodations

Add a clause addressing:

Who arranges and pays for interpreters/CART
Minimum scheduling lead times
Confidentiality obligations for subcontractors

Sample clause checklist (quick reference for legal teams)

When drafting or reviewing a hire court stenographer contract, confirm you have:

Scope: attendance + transcript + certification + exhibits + optional services
Scheduling/cancellation: windows, fees, reschedule rules
Deliverables: deadlines, formats, realtime/rough draft terms
Fees: rate sheet attached; rush fees require pre-approval
Confidentiality/data security: secure transfer, retention, breach notice
Remote standards: platform, backups, technical issue notices
Exhibits: marking, scanning, custody, return
Readback: availability and rates
Replacement reporter: notice and qualification requirements
Remedies: correction policy and reasonable liability terms

Common negotiation points (what to push for as the buyer)

Attorneys and legal ops teams often gain the most value by negotiating:

Clear rush/expedite pricing (and requiring written approval).
Caps on appearance/travel fees for short hearings.
Defined deliverables (PDF + Word/ASCII + exhibit package) so litigation support can load quickly.
Security commitments for remote files and sealed matters.
Reasonable cancellation rules aligned with court realities.

These changes reduce invoice friction and prevent last-minute transcript surprises.

Final thoughts: treat reporting like a mission-critical vendor relationship

A solid court reporter agreement is less about legal theory and more about operational clarity: who does what, when, for how much, and how you handle urgent transcript needs without compromising confidentiality or the record.

If you want to generate or refine a reliable stenographer service contract faster—without missing key provisions—consider using an AI-assisted workflow designed for contract drafting and review. You can build, customize, and export service agreement language in minutes at https://www.contractable.ai.

2025-11-05

Hiring a Stenographer for Court: Service Agreement Terms (What Attorneys Should Require)

Miky Bayankin

Hiring a Stenographer for Court: Service Agreement Terms (What Attorneys Should Require)

Why a written agreement matters (even for “routine” court reporting)

1) Parties, engagement, and scope of services

Parties and identifiers

Scope definition

2) Scheduling, confirmation, and changes (continuances, cancellations, late starts)

Booking and confirmation

Continuances and rescheduling

Cancellation fees

3) Service standards: accuracy, certification, and compliance

Professional standards

Transcript certification

Corrections and disputes

4) Deliverables: formats, timelines, and ownership/access

Transcript delivery deadlines

File formats and add-ons

Access and distribution

Ownership and license

5) Fees and billing terms (avoid surprises)

Common fee components to define

Billing increments

Estimates and rate cards

Payment terms

6) Transcript ordering rules and priority (especially when multiple parties exist)

7) Confidentiality, privilege, and data security

Confidentiality obligations

Data security requirements (especially for remote proceedings)

Handling sealed/juvenile matters

8) Remote and hybrid proceedings: technical standards

9) Exhibits: marking, scanning, and custody

10) Readback, playback, and corrections in court

11) Term, termination, and replacement reporter

12) Liability, indemnification, and limitations (balanced, realistic)

13) Dispute resolution and governing law (keep it practical)

14) Accessibility, interpreters, and special accommodations

Sample clause checklist (quick reference for legal teams)

Common negotiation points (what to push for as the buyer)

Final thoughts: treat reporting like a mission-critical vendor relationship

Other questions you may ask next