AO 38

Attendance Ledger

Agency
U.S. Courts
Revision
Rev. 12/15
Fillable fields
308
Pages
1
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 38 online
Page 1 of form AO 38

AO 38: Attendance Ledger

AO 38, Attendance Ledger, is a form headed Administrative Office of the United States Courts. Its instructions say it gives court reporters a simple tracking sheet to help in completing the AO 40A at the end of each reporting period, and that every hour reported on the AO 40A has a corresponding box on the AO 38. The U.S. Courts page lists it under Court Reporter Forms, effective on December 1, 2015, and the PDF is dated Rev. 12/15.

The one-page ledger has a Reporting Period box and one line per date and location. It records hours reporting before a Judge, a Magistrate Judge or Other, each split into official (7d) and substitute (7e) hours with a total, then administrative hours, other duties, two kinds of transcript hours and travel time. The instructions say to record time on the AO 38 to the nearest quarter of an hour rounding up, while the AO 40A is reported to the nearest hour.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of AO 38: Attendance Ledger, as printed by COURTS

What's on AO 38

Heading, date and location

Administrative Office of the United States Courts, Attendance Ledger, a Reporting Period box, and Date and Location columns for each line.

7d. Official reporting hours

Hours the reporter attended reporting official proceedings, with set-up, standby and wait time in the courtroom or chambers, but not lunch periods or recesses.

7e. Substitute hours

Hours paid substitutes reported official proceedings, helped with expedited, daily and hourly transcripts, or covered absences for illness, vacation or other reasons.

8a. Admin and 8b. Other Duties

8a covers administrative duties such as billing, docketing transcripts, keeping records, AO reports, training and backing up steno notes. 8b covers other duties the court or clerk's office requires.

9a and 9b. Transcript hours

9a is time transcribing proceedings paid outside the judiciary salary. 9b is other transcribing time, not counting private reporting such as grand jury proceedings and depositions.

10. Travel Time

Hours traveling to and from places of holding court away from the official duty station, computing each trip to the nearest hour, not commuting from home.

How to fill out AO 38

  1. 1

    Enter the period and each date

    Fill in the Reporting Period box, then a date and location on each line.

  2. 2

    Round to the quarter hour

    The instructions say to record time on the AO 38 to the nearest quarter of an hour rounding up. For 7e they also say to round all hours up to the next whole number.

  3. 3

    Split reporting time

    Put hours under Judge, Magistrate Judge or Other, in 7d for the reporter and 7e for paid substitutes. The instructions say not to count waiting for the jury or standby time spent on another task.

  4. 4

    Add non-reporting hours

    Enter administrative, other duty, transcript and travel hours in 8a, 8b, 9a, 9b and 10, as the instructions define them.

  5. 5

    Carry the totals to the AO 40A

    The fillable PDF totals each reporting group, starting at 0.0. The instructions say the AO 40A is reported to the nearest hour at the end of each reporting period.

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Where it goes, instructions and fees

Where it goes

The form and instructions do not say AO 38 is filed or sent anywhere. The instructions describe it as a tracking sheet to help complete the AO 40A.

Instructions

The U.S. Courts page links Form AO 38 Instructions and Crosswalk to AO 40A, which define each numbered column.

Fees

AO 38 does not print a fee.

Format

The U.S. Courts page offers AO 38 as a PDF under Court Reporter Forms, effective on December 1, 2015.

Who uses AO 38?

  • Court reporters

    The reporter keeps the ledger and uses it to complete the AO 40A. Column 8a names official, temporary and combined-position reporters.

  • Paid substitutes

    Column 7e counts hours of paid substitutes. The instructions note that only official court reporters who are not under the Leave Act may employ substitutes for absences from the court.

  • Transcribers and scopists

    Columns 9a and 9b include the hours of transcribers, scopists or other supporting personnel employed by the reporter.

  • Judges and other judicial officers

    The instructions say Judges includes Active, Senior and Visiting Article III Judges, Magistrate Judges includes CVB proceedings, and Other includes Special Masters, investitures and other special ceremonies.

The instructions say AO 38 is a tracking sheet for court reporters. They name these people.

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Questions about Form AO 38

What is AO 38 for?

The instructions say it gives court reporters a simple tracking sheet to help in completing the AO 40A at the end of each reporting period, with a box on the AO 38 for every hour reported on the AO 40A.

How is time rounded on AO 38?

The instructions say to record time on the AO 38 to the nearest quarter of an hour rounding up, and to report on the AO 40A to the nearest hour. The 7e definition says to round all hours up to the next whole number.

What do 7d and 7e mean?

7d is the reporter's own hours reporting official proceedings. 7e is the hours of paid substitutes, including help with expedited, daily and hourly transcripts and cover for absences.

Does reporting time include lunch or recesses?

No. The instructions say reporting time does not include lunch periods or recesses, but does include courtroom set-up, standby or wait time in the courtroom or chambers.

What is the difference between 9a and 9b?

9a is time transcribing proceedings for which the reporter received compensation outside the judiciary salary. 9b is other transcribing time, not including private reporting such as grand jury proceedings and depositions.

Does travel time include commuting?

No. Column 10 is time traveling to and from places of holding court away from the official duty station, and the instructions say not to include commuting between residence and duty station.

Is this page legal advice?

No. This page explains the form in plain words and is not legal advice.