ENROLLED
Senate Bill No. 331
(By Senators Wooton, Ball, Dittmar, Oliverio, Schoonover, Snyder,
White, Deem, Kimble and Scott)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT 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
rate of payment for court transcripts as of the first day of
July, one thousand nine hundred ninety-seven; allowing for
transcripts to be provided on disc or for multiple pages to be
copied on condensed pages; and to certification and filing of
transcripts.
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 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 the transcript, at the rate of two dollars and
eighty-five cents for each page so transcribed and stamped
"original"; and for each copy of the transcript stamped "copy",
ordered at any time, he or she shall be paid one dollar for each
page so furnished:
Provided, That if any "original" transcript
does not conform with the specifications set forth in this section,
the party requesting the transcript may not be obligated to pay for
the transcript:
Provided, however, That the copy of the transcript
may be provided either on disc or with multiple transcript pages
condensed on each page if the court reporter can produce such a
disc or copy and if the party requesting the copy specifically asks
for a disc or a condensed page transcript:
Provided further, That
the reporter shall be paid at the same rate for each page as the
copy rate for the original for a disc or for a condensed page
transcript.
A transcript of 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. 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. In all cases of appeal the
reporter shall also make a copy of 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 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 the transcript shall be taxed as other costs;
and if 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 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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