CRLJ 75A

        ELECTRONIC RECORDING OF SMALL CLAIMS PROCEEDINGS

  (a)  Generally.  Small claims proceedings in a court of limited
jurisdiction shall be recorded by electronic means.

(b)  Nonelectronic Record in Emergency.  In the event of an
equipment failure or other situation making an electronic
recording impossible, the court may order the proceeding to be
recorded by nonelectronic means.  The nonelectronic record must
be made at the court’s expense, and in the event of an appeal,
any necessary transcription of the nonelectronic record must be
made at the court’s expense.

(c)  Statements to Be Made on the Record.  At the beginning of
the case, the judge of the court of limited jurisdiction shall
state on the record the name and number of the case and the names
of the parties.  During the trial of the case, the judge shall
state on the record or have stated on the record the names of any
or all witnesses as they appear in the course of the proceeding.

(d)  Log.  The judge of the court of limited jurisdiction shall
cause a written log to be maintained separate from the recording
indicating the location on the electronic record of relevant
events in the proceedings, including but not limited to the
beginning of the proceeding, the beginning and ending of the
testimony of each witness, the decision of the court, and the end
of the proceeding.

(e)  Loss or Damage of Electronic Record.  In the event of loss
or damage of the electronic record, or any significant or
material portion thereof, the appellant, upon motion to the
superior court, shall be entitled to a new trial, but only if the
loss or damage of the record is not attributable to the
appellant’s malfeasance.  The court of limited jurisdiction shall
have the authority to determine whether or not significant or
material portions of the electronic record have been lost or
damaged, subject to review by the superior court upon motion.

[Adopted effective October 30, 2001.]