Supreme Court Updates Technology Provisions In Rule Regarding Recording In Trial Court

Tuesday, September 3, 2013

A rule regulating the use of recording equipment, which is being used in only one Tennessee courtroom, has been updated by the Tennessee Supreme Court to reflect changes in technology.

Supreme Court Rule 26 outlines procedures for recording trial court proceedings and includes provisions for designating the recording as the transcript under the Tennessee Rules of Appellate Procedure.

The rule, last updated in 2001, had language that referred to videotapes and CD-ROM recordings. In light of technological advances, the terminology has been modified to include all forms of electronic recording and storage.

The rule also clarifies the fee structure and procedures for duplicate copies of the electronic recording made either during or subsequent to the live proceedings.

“The use of electronic recording has proven to be an exceptionally accurate and economical method of preserving the trial record and the response from litigants and lawyers in my courtroom has been universally positive,” said Circuit Court Judge Thomas W. Brothers, of Davidson County.

The Sixth Circuit Court for the 20th Judicial District, Davidson County, is the only Tennessee trial court operating under authority granted by the Court to electronically record its proceedings under Rule 26. The revised rule does not expand the use of electronic recording to any other courts.

The complete text of the revised Supreme Court Rule 26 is available at

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