Senate Bill No. 609
(By Senator Chafin)
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[Introduced February 18, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §51-7-4 of the Code of West Virginia,
1931, as amended, relating to increasing the page rates a
court reporter is to receive for providing typewritten
transcripts.
Be it enacted by the Legislature of West Virginia:
That §51-7-4 of the Code of West Virginia, 1931, 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 $3.25 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
$1.50 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.
NOTE: The purpose of this bill is to increase the page rates
a court reporter is to receive for providing typewritten
transcripts. The bill provides that those pay rates be increased
from $2.85 per page to $3.25 per page for original transcripts and
from $1.00 per page to $1.50 per page for copies of transcripts.
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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