Unless otherwise provided by law, a stenographer is entitled, for a copy fully written out from his or her stenographic notes of testimony or other proceedings taken in a court, and furnished upon request to a party or his or her attorney, to the fee set forth in the rules promulgated by the chief administrator of the courts.
§ 8002.Stenographers.
Article 80. Fees · Last amended 2000 · Last verified July 21, 2026
In one sentenceCPLR 8002 entitles a court stenographer to a fee, set by rules of the chief administrator of the courts, for furnishing a written-out copy of stenographic notes to a party or attorney who requests one.
Full Text of CPLR 8002
Plain-English Summary
When a stenographer transcribes testimony or other courtroom proceedings, the party who wants a written copy usually has to pay for it. CPLR 8002 gives the stenographer a right to that payment, but instead of writing a dollar figure into the statute itself, the section points to the fee schedule the chief administrator of the courts sets by rule. That structure lets the fee move over time without a legislative amendment each time conditions change.
The opening phrase, 'unless otherwise provided by law,' signals that other statutes or court rules can override this default in particular contexts. Outside those exceptions, any party or attorney who asks a stenographer for a full written transcript of testimony or proceedings taken in court owes the fee set under the administrator's rules.
In practice, stenographers and the parties who need transcripts often work out their own arrangements for turnaround time and cost. The rule-based fee still matters, though, because it supplies a benchmark a court or taxing officer can use when deciding whether a charged fee was reasonable, including when a stenographer's fee is claimed as a disbursement in a case.
Frequently Asked Questions
What does CPLR 8002 do?
It gives a court stenographer the right to charge a party or attorney for a full written transcript of testimony or proceedings, at the fee level set by rules of the chief administrator of the courts.
Does CPLR 8002 set a specific dollar amount for transcript fees?
No. The statute delegates the fee amount to rules promulgated by the chief administrator of the courts rather than fixing a number in the text itself.
Who has to pay the stenographer's fee under CPLR 8002?
The party or attorney who requests a fully written-out copy of the stenographic notes of testimony or other courtroom proceedings.
Can a stenographer and a party agree to a different fee than the standard rate?
Courts have long allowed parties to negotiate a different fee with the stenographer, though the statutory or rule-based rate remains the reference point for what a stenographer is otherwise entitled to charge.
Why does CPLR 8002 apply to a stenographer's fee for transcripts?
Court stenographers act as officers of the court and hold a practical monopoly over the material they transcribe, so the section subjects their transcript fees to a regulated standard rather than leaving the charge entirely to the stenographer's discretion.
Is a stenographer's fee recoverable as a disbursement in a lawsuit?
Fees charged consistent with the applicable rate have historically been treated as the kind of expense that can be taxed as a disbursement in a case, subject to the general rules on costs and disbursements.
Advisory Committee Notes
This section is based on CPA § 1554, which is derived from § 3311 of the Code of Civil Procedure. As to most areas of the state, the amount that the former section prescribed has remained unchanged since the Code was enacted, over eighty years ago.
As a practical matter, the statutory fee is seldom observed, but since, under former law, only the statutory fee might have been taxed as a disbursement (see Miss Susan v Enterprise & C. U. Co. 66 NYS2d 266 (Sup Ct), revd on other grounds, 273 App Div 768, 75 NYS2d 538 (1st Dept 1947), the former section served a function. It has been retained in the new CPLR because stenographers, as officers of the court (see NY Judiciary Law § 290) and monopolists of the material they transcribe, should be subject to regulation. No fixed statewide fee would be suitable, however, in view of variations in comparable fees based upon time and local conditions. Nevertheless, the section serves to set a standard to guide a court or taxing officer in the reasonableness of fees actually charged. See § 8301(d). Moreover, the section implements special provisions concerning stenographers’ fees. See, e.g., Judiciary Law § 309.
Although it was originally held that any agreement to deviate from the rates prescribed was unenforceable ( McCarthy v Bonynge, 12 Daly 356 (NY CP 1884), affd 101 NY 668 (1886)), the section was amended in 1887 to allow a party to agree with the stenographer to an amount different from the statutory fee. Laws 1887, c 399. Nevertheless, it remained the duty of a stenographer to furnish the required copy “with all reasonable diligence” when paid the “fees allowed by law.” Code Civ Proc § 86; Judiciary Law § 302. In Cavanaugh v O’Neil, 20 Misc 233, 45 NY Supp 789 (Sup Ct 1897), the court dealt with the problem presented by an agreement to pay a fee in excess of the statutory amount, which might be considered to be without consideration since it is an agreement with a public officer to do what he is obligated by statute to do. The court resolved the difficulty by declaring that payment in excess of the statutory amount would entitle a party to a transcript prepared with “more than reasonable diligence,” while payment of only the statutory amount would entitle him to the transcript, but “only ‘with all reasonable diligence.’ ” The court’s statement apparently expresses the status of the question under the CPA. See Kenda v Bortle, 2 M2d 797, 154 NYS2d 248 (Sup Ct 1955).
A number of objections have been made to the concededly unrealistic stenographic fee of ten cents per folio. The Committee agrees that it should be raised. Because substantial sums are involved from governmental agencies and because any changes must take into account variations in practice and in salaries to court stenographers, the Committee decided to recommend no change. It should be noted that the Judicial Conference is engaged in a complete review of fees schedules.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1965, ch 980, § 1; L 1973, ch 458, § 1; L 1984, ch 846, § 1, eff Aug 5, 1984; L 2000, ch 279, § 5, eff Aug 16, 2000.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: stenographer fee New Yorkcourt transcript fee NYcost of trial transcript CPLRchief administrator transcript rate