Transcript FAQ
This information is provided as a courtesy; it does not represent legal advice. If you are unsure about how to apply this information, you should use your own judgment or that of your attorney.
Q. How do I request a hearing transcript?
A. Parties to a case may request a transcript of any hearing held in that case. Requests must be in writing and addressed to the Office of Administrative Courts' office nearest to where the hearing was recorded. The Office of Administrative Courts has an Audio Recording/Transcript of Hearing Request form that can be located at: HearingTranscriptForm
Q. What information do I need to put on my request to order a transcript?
A. Please include the Claimant's name, the Workers' Compensation claim number, the date, time and location of the hearing, the name of the Administrative Law Judge that presided over the case, and whether the hearing was tape-recorded or digitally recorded. A completed Audio Recording/Transcript of Hearing Request form will provide all of the necessary information. HearingTranscriptForm
Q. How do I know if my hearing was tape-recorded or digitally recorded?
A. Hearings held in the Colorado Springs courtroom, and in Denver courtrooms A and B, are digitally recorded. Hearings held in all other venues are currently tape-recorded, unless one of the parties hires a private court reporter to attend the hearing. If a final order has been entered in your case, the recording information can be found in the first paragraph.
Q. What is the difference between filing a request for a transcript and filing a petition to review?
A. Petitions to review are not automatic requests for hearing transcripts. All transcript requests, whether they are part of a petition to review or not, must be submitted separately to the Office of Administrative Courts in writing or on the appropriate form.
Q. May I file a petition to review and not have the written transcript?
A. A written transcript is never required for a petition to review. However, it may be desirable for appellate review of certain issues, particularly if you are appealing the order on the basis that "conflicts in the evidence are not resolved in the record" or "that the findings of fact are not supported by the evidence." Section 8-43-301(8), C.R.S.
Q. If I need the transcript as part of a petition to review, when should I request the transcript?
A. At the same time the petition to review is filed. The petition to review must be filed within 20 days of the date on the Certificate of Service of the Final Order being appealed. Section 8-43-201(2), C.R.S.
Q. How much will my hearing transcript cost?
A. The total cost will depend on how long the hearing lasted. The Colorado Supreme Court sets transcript preparation fees. Section 8-43-213(2), C.R.S. The current rate is $2.35 per page for the original, and $.50 per page for a copy. http://www.courts.state.co.us/supct/directives/85-10.pdf
Q. Can I find out how long a transcript will be and how much it will cost before I order a transcript? I may not be able to afford it and don't want to be committed before I know these details.
A. File a written request for the transcript, and also ask for an estimate of the costs. Shortly after your request is filed, you will be contacted by the court reporter or transcriptionist with the estimated length and cost of the transcript, as well as the required deposit amount and deadline for paying. At that time, you may decide whether or not to have the transcript prepared.
Q. I am a claimant and want to order a transcript. I believe I am indigent and I do not have the money to pay for it, but I need a transcribed copy of my hearing. Do I get the transcript for free?
A. Possibly. If the Division of Workers' Compensation determines that you are an indigent claimant and you have requested the transcript as part of a petition to review, the Division of Workers' Compensation will pay the costs of having the transcript prepared. At the time that you file your petition to review, you must submit a completed Application for Indigent Determination to the Division of Workers' Compensation. This form can be found at: http://www.coworkforce.com/DWC/Printable_Only_PDF/wc035_application_for_indigent_determination.pdf
Q. How long will it take to get a transcript of my hearing?
A. Transcripts must be prepared within 25 working days of the request (approximately five calendar weeks). Section 8-43-213(2) C.R.S. The court reporter or transcriptionist preparing the transcript, or a party, may request an extension of time from an Administrative Law Judge.
Q. I filed a request for a transcript more than 25 working days ago and never received my transcript. Why?
A. Did you pay your deposit timely? The court reporter or transcriptionist may contact you with a deposit amount shortly after you request a transcript. If a deposit is requested, preparation of the transcript will not begin until your deposit is received. You should pay your deposit as promptly as possible to allow preparation of the transcript within 25 working days of your request. You should contact the court reporter or transcriptionist regarding the status of your transcript.
Q. What happens to my transcript request if I do not pay the deposit to the court reporter or transcriptionist in a timely manner?
A. The transcriptionist returns the recording to the Office of Administrative Courts, and you must file a request and show good cause to have the transcript prepared, despite the failure to pay on time. Rule VII(C)(2), W.C.R.P.
Q. It's been more than 25 working days since I ordered the transcript. I paid the deposit on time. What can I do?
A. You may contact the court reporter or transcriptionist and ask about the status of the transcript. You may file a motion for an extension of time to prepare the transcript or you may obtain the audio recording or hearing notes from the court reporter or transcriptionist, and give them to a court reporter or transcriptionist of your choice to prepare the transcript at your expense.
Q. I need a transcript of a hearing as soon as possible. Can I get it on an expedited basis? How much will it cost?
A. Yes. The best way to get an expedited transcript would be to obtain a copy of the audio recording and give it to a court reporter or transcriptionist that you hire. The cost of an expedited transcript must be negotiated with the court reporter or transcriptionist, and usually depends on how quickly you need to have it prepared.
Q. I want to get a copy of a transcript that has already been transcribed. How do I do that?
A. If the original transcript was previously filed as part of a petition to review, you may get a copy directly from the court reporter or transcriptionist at a cost of $.50 per page, or from the Office of Administrative Courts at a cost of $1.00 per page. You should contact the Office to find out the name and contact information of the court reporter or transcriptionist.
Q. Can I get a transcript of just a certain person's testimony at a hearing?
A. Yes. Your written request should state the name of the witness and the approximate starting and ending times of that particular testimony.
Q. Can I request just a copy of the audio recording, or do I have to get the typed transcript?
A. Yes, you can get just the audio recording. However, the audio recording may not be used as part of the record on appeal pursuant to a petition to review.
Q. Is there something different about the cassettes and/or CDs used to record hearings? Do I need special equipment to listen to them? Can I use my cassette or CD player at home?
A. Most of the Office's hearings recorded on cassette tapes are recorded using four tracks at a slower speed than a home cassette player, and will not be understandable if played on a personal use cassette player. A few hearings are recorded on cassette tapes using only one or two tracks at the standard speed, and are understandable when played on a home cassette player. A hearing recorded on a CD may be listened to/played on a computer that has a sound card, speakers, and online access to download a free program from the internet.
A CD from a hearing cannot be played on the usual types of home or car CD players.
Q. I have received my hearing transcript, but I did not get a copy of the Notice and Briefing Schedule. Why?
A. Once a transcript has been prepared, the court reporter or transcriptionist files the original transcript with the Office of Administrative Courts to be lodged in the hearing file. If the request was part of a petition to review, the Office staff will draft and issue a Notice and Briefing Schedule within three working days of receipt of the transcript. Please allow time for processing and mailing before inquiring about your Notice and Briefing Schedule. If more than seven days have passed since you received the transcript, and you have not received a Notice and Briefing Schedule, please contact the office nearest to where the hearing occurred.
Q. I have received my transcript, but it contains "inaudibles" or other errors that affect the meaning of the testimony. What can I do?
A. You may file a motion seeking to correct the transcript. This procedure is found in Rule 10, (c) (d), or (e), Colorado Appellate Rules.
Q. If I want to cancel a transcript request, what should I do? Whom do I contact? Do I write a letter or file a motion?
A. Transcript request cancellations should be sent in writing to the Office of Administrative Courts' office nearest to where the hearing was recorded. It is not necessary for a party who has requested a transcript to file a motion in order to cancel the request. Upon receipt of a cancellation request, the Office of Administrative Courts will contact the court reporter or transcriptionist.
Q. What sections of the Workers' Compensation Act and Workers' Compensation Rules of Procedure deal with transcripts?
A. Sections 8-43-213, and 8-43-301(2), C.R.S.
Rule VII(C), W.C.R.P. http://www.coworkforce.com/DWC/pdfrules/r07.pdf
Rule VIII(J), W.C.R.P. http://www.coworkforce.com/DWC/pdfrules/r08.pdf (see page 10)