AO 40A
Attendance and Transcripts of United States Court Reporters
AO 40A, Attendance and Transcripts of United States Court Reporters, is an Administrative Office of the United States Courts form on which a court reporter reports one quarter's work. The U.S. Courts page lists it under Court Reporter Forms, effective on May 1, 2018, and the PDF is dated Rev. 05/2018. The page also links General and Specific Instructions dated Rev. 10/23.
The instructions say all official staff, temporary and combined-position court reporters complete it quarterly, including for a partial quarter, but not reporters serving on a contractual basis or intermittently on a when-actually-employed basis. The form records days and hours spent recording court proceedings, administrative, transcript preparation and travel hours, transcript pages prepared for sale, transcripts given to the court without charge, and the backlog of unfilled orders. The instructions say private reporting activities, such as grand jury proceedings and the taking of depositions, are not reported on it. The reporter certifies it under penalty of perjury pursuant to 28 U.S.C. § 1746, and a court official reviews and signs it.
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.
Name of reporter, employee ID, year, quarter ended and district, plus official duty station and whether the reporter is assigned a 40-hour per week tour of duty in the court. The instructions say items 1 to 5 should always be completed.
Each city of attendance with its days of reporting, then hours reporting before judges, magistrate judges and other judicial officers, split between the official reporter and paid substitutes, with totals.
Court reporting administrative hours and other duties as assigned, transcript preparation hours with and without compensation outside the judiciary salary, and travel hours to places of holding court away from the official duty station.
Original and copy pages in civil and criminal cases by delivery category, plus realtime pages. The instructions say to count all pages prepared for sale, whether or not payment has been made or delivery accomplished.
Certified transcripts of arraignments, pleas and sentences prepared to meet the statutory requirement, certified transcripts furnished to judges at their request and without charge, and realtime pages provided to the court.
Estimated civil and criminal pages on order for more than 30 days but not transcribed and delivered as of the end of the quarter, the dates of the oldest such orders, then the reporter's certification and the court official's review.
Fill in blocks 1 to 6. The instructions say items 1 to 5 should always be completed, and item 6 marks whether a 40-hour per week tour of duty is assigned.
The instructions say to count a day of attendance regardless of time spent reporting, such as five minutes or five hours, and that reporting time does not include lunch periods or recesses. The form says to round days and hours up to the next whole number.
Block 8a lists administrative duties such as billing, docketing transcripts, keeping records and training. Block 10 counts travel to places of holding court away from the official duty station, and the instructions leave out commuting.
The instructions say block 11 leaves out realtime from a non-certified realtime reporter, realtime provided to a judge (block 12c), certified transcripts delivered to the clerk for the court's records, and transcripts furnished to judges without charge (block 12b).
Fill in block 12 for transcripts to the court without charge, and block 13 for estimated pages on order for more than 30 days but not transcribed and delivered as of the end of the quarter.
The court reporter signs block 14 and dates block 15. Blocks 16 and 17 are for the court official who reviews the report.
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The instructions say the form is to be received within 20 days after the end of each calendar year quarter, by April 20, July 20, October 20 and January 20 for the preceding quarter.
If a reporter retires, resigns or is otherwise separated, the instructions say an AO 40A is filed within 20 days from the date of separation.
The instructions name the Automated Court Reporter Application (ACRA), accessible through JENIE within the Judiciary's DCN, as the preferred method. ACRA completes the calculations. For ACRA help they list 202-502-1606.
Mail: Court Reporting Program Specialist, Court Services Office - Programs Division, Administrative Office of the United States Courts, One Columbus Circle, N.E., Ste. 4-500, Washington, D.C. 20544. Fax: 202-502-1133. Email: [email protected].
The reporter certifies under penalty of perjury pursuant to 28 U.S.C. § 1746 that the information is true and correct, and a court official signs to show the report has been reviewed.
The form does not print a fee for submitting it. It says all previous editions are cancelled and should be destroyed.
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The form is completed by court reporters and reviewed by a court official. The instructions name who is covered.
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The instructions say all official staff, temporary and combined-position court reporters complete it quarterly, including for a partial quarter, but not reporters serving on a contractual basis or intermittently on a when-actually-employed basis. A court official reviews and signs it.
The instructions say it is to be received within 20 days after the end of each calendar year quarter: by April 20, July 20, October 20 and January 20 for the preceding quarter. A separating reporter files within 20 days from the date of separation.
The instructions name ACRA, the Automated Court Reporter Application in JENIE, as the preferred method. They also list mail to the Court Reporting Program Specialist at the Administrative Office, fax to 202-502-1133, and email to [email protected].
No. The instructions say private reporting activities are not reported on this form, and that grand jury proceedings and the taking of depositions are considered private reporting activities.
The instructions give the Judicial Conference definitions: 30-Day (Ordinary), 14-Day, 7-Day (Expedited) and 3-Day are delivered within that many calendar days after receipt of an order, Next-Day (Daily) on the following calendar day before the clerk's office opens, and 2-Hour (Hourly) within two hours.
The instructions say a day counts as a day of attendance regardless of the time spent reporting the proceedings, for example five minutes or five hours.
Block 13 asks for the estimated pages on order for more than 30 days but not transcribed and delivered as of the end of the quarter, for civil and criminal cases, with the date of the oldest such order in each.