Senate Bill No. 331
(By Senators Wooton, Ball, Dittmar, Oliverio, Schoonover, Snyder,
White, Deem, Kimble and Scott)
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[Originating in the Committee on the Judiciary;
reported March 12, 1997.]
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A BILL to amend and reenact section four, article seven, chapter
fifty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
fees for court transcripts as of the first day of July, one
thousand nine hundred ninety-seven; and to modify supreme
court rules to be consistent with the changes.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter fifty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. OFFICIAL REPORTERS.
§51-7-4. Transcript of notes; fees; authenticity; transcript for
judge in criminal cases.
The reporter shall furnish, upon request, to any party to a
case, a typewritten transcript of his or her shorthand notes of the
testimony or other proceedings, which shall be upon paper measuring eight and one-half inches in width and eleven inches in length,
with margins of one-half inch on the right side and bottom, one
inch at the top and one and one-half inches on the left, with the
page filled as completely as practicable, with at least twenty-four
complete lines on each page, with no more than double spacing used
between lines, with no more than five spaces used for indentation
from the left margin, with no larger than ten point pica type being
used, and shall certify the same as being correct and shall be paid
therefor, by the party requesting such transcript, at the rate of
two dollars and eighty-five cents for each page so transcribed and
certified stamped "original"; and for each carbon copy of such the
transcript stamped "copy", ordered at the same any time, he shall
be paid seventy-five cents one dollar for each page so furnished:
Provided, That if any transcript shall does not conform with the
specifications set forth in this section, the party requesting the
transcript shall may not be obligated to pay for said transcript.
A transcript of such the testimony or proceedings, when
certified by the official reporter and by the judge of the court,
shall be authentic for all purposes, and shall be used by the
parties to the cause in any further proceeding therein wherein the
use of the same may be required. An original transcript shall,
upon completion and certification, be filed with the circuit court.
It The original transcript may be used, without further
authentication, in making up the record on appeal, as provided in
sections thirty-six and thirty-seven, article six, chapter fifty-six of this code. A certified copy of the original transcript so
filed shall be delivered to the requesting party. and in In all
cases of appeal such the reporter shall also make a carbon copy of
such the transcript, which copy shall be filed in the office of the
clerk of the court in which the trial or proceedings were had, to
be used, if necessary, in making up the record on appeal, and, if
so used, the clerk shall may not be entitled to any fee for that
part of the record. If, upon appeal or writ of error, the
judgment, decree or order entered in the cause be reversed, the
cost of such the transcript shall be taxed as other costs; and if
such the transcript be requested or required for the purpose of
demurring to the evidence, the cost thereof shall be taxed in favor
of the party prevailing on the demurrer.
It shall also be the duty of such the reporter in any criminal
case, upon the request of the court or the judge thereof, and for
his or her use, to furnish a transcript of his or her notes of the
testimony and proceedings without extra charge.
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(NOTE: The purpose of this bill is to provide for the
increase of fees for court transcripts and to make necessary
changes to conform to the new changes with Supreme Court rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)