(e) Reserved. [As amended; effective July 1, 2005.] RULE 78. MOTION DAY Unless local conditions make it impracticable, each justice court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the justice at any time or place and on such notice, if any, as the justice considers reasonable, may make orders for the advancement, conduct and hearing of actions. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. [As amended; effective July 1, 2005.] RULE 79. RESERVED [As amended; effective June 28, 1988.] RULE 80. RECORD OR TRANSCRIPT OF PROCEEDINGS AS EVIDENCE (a) Proceedings on the Record—Method. Proceedings which are required by law or rule to be on the record in each justice court must be recorded by using sound recording equipment or be reported by a certified shorthand reporter who shall take down the proceedings in the same manner and with the same effect as in a district court. (b) Sound Recording Operator. Whenever sound recording equipment is used to record proceedings, the justice shall appoint a suitable person to operate the sound recording equipment and such person shall subscribe to an oath that the person will so operate it as to record all of the proceedings to which the person is assigned and to preserve the tapes. (c) Sound Recording Transcription. Whenever sound recording equipment is used to record proceedings the justice shall designate a suitable person to transcribe the recording into a typewritten transcript and such person shall subscribe to an oath that the person has correctly transcribed the recording. Such oath shall be affixed at the end of each transcript. (d) Proceedings on the Record—Designation. The following proceedings in each justice court shall be conducted on the record: (1) Preliminary hearings on gross misdemeanor and felony cases; (2) Traffic trials; (3) Misdemeanor trials; (4) Coroner’s inquests; (5) Extradition waiver hearing; and (6) Any other proceedings as required by statute or court order or may be properly requested by any of the parties to the action. [As amended; effective July 1, 2005.] (e) Proceedings on the Record—Transcript as Evidence. Proceedings recorded or reported shall be transcribed into typewritten transcripts, certified as correct and filed with the clerk or justice, as required by these rules or by statute. Whenever the testimony of a witness at a trial or hearing which was recorded or reported is admissible in evidence at a later trial, such testimony may be proved by the transcript thereof duly certified by the person who reported the testimony or the person who transcribed the sound recording tapes. (f) Preservation of Sound Recording Tapes. The sound recording tapes of each proceeding shall be preserved until at least 30 days after the time for filing an appeal has expired. If an appeal is not taken and the prescribed period has elapsed, the justice may order the destruction of the recording. If an appeal is taken, the tape shall be retained until at least 30 days after final disposition of the case on appeal. The justice may order the destruction of the recording at any time after that date. Upon order of the district court the tape recording shall be forthwith transmitted to the district court. [As amended; effective July 1, 2005.] XI. GENERAL PROVISIONS RULE 81. APPLICABILITY IN GENERAL (a) To What Proceedings Applicable. These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute. Where the applicable statute provides for procedure under the former statutes governing civil actions, such procedure shall be in accordance with these rules. (b) Chief Justices of the Peace. Rule 84, relating to chief justices of the peace, shall apply to all proceedings in the justice courts, whether criminal, civil or otherwise. [As amended; effective July 1, 2005.] RULE 82. JURISDICTION AND VENUE UNAFFECTED These rules shall not be construed to extend or limit the jurisdiction of the justice courts or the venue of actions therein. [As amended; effective July 1, 2005.] RULE 83. RULES BY JUSTICE COURTS

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