The amount payable for transcription services is controlled by MGL c. 221 §88. Because all CPCS clients are indigent, the amount payable by CPCS is controlled by the “reduced fee” language in the statute. The Committee pays for the costs of transcriptions, which have been requested and allowed by motion filed by counsel on behalf of his/her indigent client or by a pro se indigent litigant, or which have been requested by the court as a direct result of his/her notice of appeal, at the following statutory rates:
- Transcripts arepaid at the rate of $3.00 per page for an originally produced (first time produced) page.
- All paper copies, if requested, produced and provided to by indigent parties, shall be paid at an amount not to exceed $.10 per page.
- An electronic reproduction (PDF) of the original transcript must be made available upon request at a total fee not to exceed $5.00.
Notwithstanding this maximum fee, certain court rules require production of the electronic reproduction at no cost. CPCS will not pay any fee for electronic media in those cases. In addition, because CPCS cannot pay for any paper (at 10 cents a page) or electronic reproductions (at $5) not specifically requested by Counsel, please inquire of Counsel if he or she requires paper copies.
Additional charges for postage, handling, bindings and travel expenses are not reimbursed.
Because CPCS cannot pay for any copies not specifically requested by Counsel, please inquire of Counsel if he or she requires paper copies.
Transcripts in Direct Appeals and Transcripts totaling less than $1,000
A complete transcript
- costing less than $1000 paid at the standard rate and
- a transcript for direct appeal paid at the standard rate (regardless of cost),
are considered ordinary costs of litigation and therefore no motion for funds or prior authorization is necessary for such transcripts.
Where a motion is required, Counsel should file a motion seeking the amount of funds needed for the case, including the amounts paid below the $1,000 threshold. For example, if the court reports/transcriptionist has used $500 to date and it is estimated that s/he will need an additional $750 worth of services, the attorney must motion for $1,250.00. If the attorney motions for only $750, CPCS will be limited to paying the remaining balance of $250.00 over the $250.00 paid prior to the allowance of the motion.
If, upon acceptance of the transcription, it reasonably appears that the total fee for the case will exceed $5,000.00, the transcriber should contact counsel requesting the transcript, who must receive prior written approval from the appropriate Deputy Chief Counsel, the Director of YAD or the Director of Mental Health. Such requests must be emailed to email@example.com. It is best business practice to await approval before continuing work so that the payment will be processed.
Court Reporter Attendance
The Committee will pay for the attendance of a Court Reporter, which has been requested and allowed by motion, at the rate of $300.00 per day.
For expedited transcripts ordered by a judge, vendors will be compensated at $4.50 per page for the original. All paper copies, if requested by indigent parties, shall be paid at an amount not to exceed $.10 per page.
The motion must request, and the court must allow, expedited services at the higher statutory rate, otherwise the services will be paid at the standard rate.