RE DISTRICT COURT PILOT PROGRAM FOR SPEECH TO TEXT RECORDING AND CLOUD STORAGE v. << (2026)

ORDER CREATING DISTRICT COURT PILOT PROGRAM FOR SPEECH TO TEXT RECORDING AND CLOUD STORAGE AND ADOPTION OF RULES

1. THIS COURT DETERMINES:

(1) “Speech to Text Recording” is the process of capturing spoken audio and converting it into digital text using automatic speech recognition software. This technology uses complex machine learning and artificial intelligence models to facilitate audio capture, acoustic modeling, language modeling, and accurate written formatting.

(2) “Cloud Storage” is the process by which original raw audio files and their generated output of text transcript is saved remotely and securely encrypted in “the cloud” and is accessible from electronic devices via the internet.

(3) The Administrative Office of the Courts currently provides a transmission circuit to each county courthouse in the State of Oklahoma in order to provide case management and other data services to the District Court.

(4) Speech to Text Recording and Cloud Storage technology could greatly benefit the operation of the District Court in the State of Oklahoma through accurate creation and retention of a court record when a court reporter is not able to be present for the hearing.

(5) In order to assess the benefits of Speech to Text Recording and Cloud Storage, a three-year vendor supported pilot project is needed to develop the best practices and determine the most appropriate technology and equipment with which to develop a statewide District Court Speech to Text Recording and Cloud Storage plan for counties with a court reporter vacancy or vacancies.

2. IT IS THEREFORE ORDERED:

(1) A three-year Speech to Text Recording and Cloud Storage Pilot Program is hereby established in the District Court in designated counties.

(2) Pilot counties shall be selected by the Administrative Director of the Courts with approval by the Chief Justice of the Oklahoma Supreme Court.

(3) In each pilot county, courtroom(s) will be equipped with appropriate software equipment provided by the Administrative Office of the Courts.

(4) The following rules governing the Speech to Text Recording and Cloud Storage Pilot Program are hereby adopted to be codified at Part XIV of the Oklahoma Supreme Court Rules, Okla. Stat. tit. 12, app.1, and are attached as Exhibit A to this Order.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12TH DAY OF OCTOBER, 2026.

EXHIBIT A

Part XIV. Rules for Speech to Text Recording and Cloud Storage in District Court Pilot Program

Rule 1.600- Intent, Purpose, and Definitions

(1) It is the intent of the Supreme Court of the State of Oklahoma that the benefits of speech to text recording and cloud storage technology should be assessed through a pilot program before statewide implementation in the District Court where court reporter vacancies exist. The use of speech to text recording and cloud storage capabilities shall be consistent with the limitations of the technology, the rights of litigants and other participants in all matters before the courts. The Court finds the benefits of speech to text recording and cloud storage technology include, but are not limited to, accurate preservation of the hearing record, employee placement and management of court resources by allowing court reporter flexibility to all courts of the state, decreased travel and transportation costs, and minimizing judicial delay by reason of the unavailability of local court reporters.

(2) For purposes of these Rules the following definitions shall apply:

(a) “Speech to Text Recording” means the electronic, digital, or other technological capture or preservation of all or any portion of a proceeding through the capture of spoken words and their conversion into text, regardless of the technology or format used to create or maintain the resulting record, including but not limited to audio, video, or other means of capturing or preserving the proceeding. The recording, any portion of the recording process, and any data or files generated, captured, or maintained in connection with the recording shall not be used to train, develop, or improve any artificial intelligence or machine learning model, and

(b) “Cloud Storage” is the process by which original raw audio files and their generated output of text transcript is saved remotely and securely encrypted in “the cloud” and is accessible by permission from electronic devices via the internet, and

(c) “Participants” include the Judge, litigants, crime victims, counsel, witnesses, interpreters, and other court staff deemed essential by the Judge, but excludes other interested persons and the public at large.

Rule 1.601 - General Provisions

The Supreme Court hereby authorizes and approves the use of speech to text recording and cloud storage technology in the pilot counties, as set forth in the following general provisions:

(1) Any original exhibit offered and/or admitted into evidence from a moving party will be presented to and marked by the Judge of the court proceedings or the Secretary/Bailiff, or other court staff person as the Judge directs. Admitted exhibits will be retained as part of the official court case file and remain stored at a designated location within the District Courthouse, in accordance with local rules and procedures for retention of admitted evidence.

(2) These Rules authorize the use of speech to text recording and cloud storage technology in all stages of civil or criminal proceedings.

(3) In all other respects, a proceeding conducted using speech to text recording and cloud storage technology shall be conducted in the same manner as any proceeding conducted in the presence of a certified court reporter as presently provided for by existing district court rules.

(4) The Judge or his/her designee is responsible for operating the recording equipment (the “Operator”). It is the duty of the Operator to verify that the equipment is functioning properly and that the recording is taking place.

(5) Each participating court employee is responsible for following these rules and procedures and promptly reporting any issue that could affect the completeness or quality of a hearing recording.

Rule 1.602 - Court's Discretion

The Judge may consider one or more of the following criteria in determining whether to permit the use of speech to text recording and cloud storage technology in a particular case:

(1) Whether any undue surprise or prejudice would result;

(2) Whether the proponent of the use of speech to text recording and cloud storage technology has been unable, after diligent effort, to procure the physical presence of a certified court reporter;

(3) The convenience of the parties and the Court, and the cost of delaying a hearing to wait for the availability of a certified court reporter in relation to the importance of the pending matter;

(4) Whether a physical liberty or other fundamental interest is at stake in the proceeding;

(5) Whether the use of speech to text recording and cloud storage diminishes or detracts from the dignity, solemnity, and formality of the hearing such as to undermine the integrity, fairness, and effectiveness of such proceeding;

(6) Waivers and stipulations of the parties offered and agreed upon; and

(7) Such other factors as the court may, in each individual case, determine to be relevant.

Rule 1.603 -- Procedural Steps to be Implemented During Hearings

(1) The Operator shall enter log notes in speech-to-text technology for each hearing. At a minimum, log notes shall include

(a) Operator Name:

(b) Date of the hearing;

(c) Case Number;

(d) Hearing type;

(e) Judge's full name, at first instance;

(f) Full names of attorneys, at first instance;

(g) Full names of parties, at first instance; and

(h) Full names of witnesses, at first instance.

(2) The Operator or other designated court employees should make additional log entries when appropriate to identify significant events during the proceeding, including recesses, continuances, changes in the proceeding, and other information that will assist a certified court reporter in locating portions of the recording.

Rule 1.604 - Waivers and Stipulations

Parties to court proceedings may waive any right provided in these rules, or may stipulate to any different or modified procedure as may be approved by the court.

Rule 1.605 -- Official Court Record and Record Retention

(1) Only a certified court reporter may review, prepare, and certify a transcript of a proceeding. A certified transcript shall constitute the official record of the case as provided by 20 O.S. § 106.4(A)(2)(a).

(2) Electronic recordings, speech-to-text produced preliminary transcripts, and metadata of such recordings and speech-to-text produced preliminary transcripts created through speech-to-text technology are judicial work-product, and do not constitute the official record of the case.

(3) Electronic audio or video recordings, speech-to-text produced preliminary transcripts, and metadata of such electronic audio or video recordings and speech-to-text produced preliminary transcripts, which constitute judicial work-product, shall not be provided to parties pursuant to an administrative records request, Open Records request, or subpoena. Parties may instead order a transcript of the hearing from a certified court reporter.

(4) Electronic recordings, speech-to-text produced preliminary transcripts, and associated metadata of such recordings and speech-to-text produced preliminary transcripts shall not be filed in the case record or made available through the Oklahoma Supreme Court Network (www.OSCN.net). Recordings shall be maintained electronically by the Secretary/Bailiff and/or Judge as judicial work product.

(5) Electronic recordings of hearings, speech-to-text produced preliminary transcripts, and associated metadata of such electronic recordings and preliminary transcripts will be subject to the retention requirements set forth in 20 O.S. § 1006.

Rule 1.606 - Applicability

These rules shall govern the procedure, practice, and use of speech to text recording and cloud storage in the district courts of the pilot counties only. These rules do not control the use of speech to text recording and cloud storage technology in case management, settlement conferences, continuing legal education, or court administration. The use of audio recording of hearings otherwise permitted by specific statute and rule shall not be affected by these rules, and shall remain available as provided in such statute and rule.

Rules for the pilot program are needed to ensure there is no abridgement, degradation, or restriction of fundamental rights of litigants, crime victims, and the public. Further, such rules are needed to ensure there is no unfair shifting of costs, undue delay of time, nor loss of fairness, dignity, solemnity, and decorum of court proceedings, which is essential to the proper administration of justice.

¶1 Today the majority adopts Speech to Text rules without asking or seeking input from the reporters Task Force formed in 2017 and actively meeting for nearly 10 years. Input and advice from the very industry affected here should have been encouraged, not ignored.

¶2 I dissent.

CONCUR: Rowe, C.J., Kuehn, V.C.J., Winchester, Edmondson, Gurich, Kane, and Jett, JJ. DISSENT: Combs, J. (by separate writing), and Darby, J.