CHAPTER 473


99-H 5117 am
Enacted 7/8/99


A N     A C T

RELATING TO TRANSCRIPTS IN THE FAMILY COURT

Introduced By: Representative Moura

Date Introduced : January 14, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-10-37 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

8-10-37. Report of trials -- Transcripts. -- Subject to the provisions of section 8-10-21, court reporters shall report stenographically, or court recording clerks or similar recording personnel shall report electronically, the proceedings in the trial of every action or proceeding, civil or criminal, in the family court. Each court reporter or court recording clerk or similar recording personnel shall also, upon the order of any justice of the court, transcribe or otherwise reproduce his or her report to be filed with the papers in the case. He or she shall also make a transcript or otherwise reproduce the whole or any part of the report upon the written request, filed with the clerk, by either party to the action or proceeding, and when completed and within the time limited by the court for filing the transcript, shall immediately deliver the same to the party ordering it, or to the attorney of record of the party, and in the case of transcription by court reporters for such service shall be paid a reasonable compensation, not less than five dollars ($5.00) and not exceeding three dollars ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies thereof to be allowed by the court; {DEL provided, however, that no branch, department, agency, board, or commission of the government of this state shall be charged more than two dollars and fifty cents ($2.50) per page for originals or more than one dollar ($1.00) per page for copies thereof DEL}; and, in case the transcript is used in subsequent proceedings in the cause, the cost of the transcript may be allowed as part of the costs. In the case of electronic court recordings the person making the recordings or another person so designated by the court may be requested or ordered, in lieu of making a transcript, to reproduce the recording and certify its authenticity, and in such case each party requesting the reproduction shall pay to the court the sum of ten dollars ($10.00) per cassette.

SECTION 2. Section 8-5-5 of the General Laws in Chapter 8-5 entitled "Court Secretaries, Court Reporters, and Electronic Court Reporters" is hereby amended to read as follows:

8-5-5. Reports of superior and family court trials -- Transcripts. -- Court reporters shall report stenographically or electronic court reporters or similar recording personnel shall report electronically the proceedings in the trial of every action or proceeding, civil or criminal, in the superior court and the family court. Each court reporter or electronic court reporter or similar recording personnel shall also, upon the order of any justice of the court, transcribe or otherwise reproduce his or her report to be filed with the papers in the case. He or she shall also make a transcript of or otherwise reproduce the whole or any part of the report upon the written request, filed with the clerk, by either party to the action or proceeding, and when completed and within the time limited by the court for filing the transcript, shall immediately deliver the transcript to the party ordering it, or to the attorney of record of the party, and in the case of transcription by court reporters for such service shall be paid a reasonable compensation, not less than five dollars ($5.00) and not exceeding three dollars ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies thereof, to be allowed by the court {DEL ; provided, however, that no branch, department, agency, board, or commission of the government of this state shall be charged more than two dollars and fifty cents ($2.50) per page for originals or more than one dollar ($1.00) per page for copies thereof DEL}; and, in case the transcript is used in subsequent proceedings in the cause, the cost of the transcript may be allowed as a part of the costs. In the case of electronic court recordings the person making the recordings or another person so designated by the court may be requested or ordered, in lieu of making a transcript, to reproduce the recording and certify its authenticity, and in such case each party requesting the reproduction shall pay to the court the sum of ten dollars ($10.00) per cassette.

SECTION 3. This act shall take effect upon passage.



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