H. B. 2424
(By Delegates Staton, Azinger, Hutchins,
Beane and L. White)
[Introduced March 5, 1997; referred to the
Committee on the Judiciary then Finance.]
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 the transcript, at the rate of two dollars
and eighty-five
cents for each page so transcribed
and certified and stamped
"original"; and for each carbon copy of
such the transcript
stamped "copy", ordered at
the same any time, he
or she 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 the
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 clerk. 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.
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.
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