25 LC 48 1407
House Bill 179
By: Representatives Smith of the 18
th
, Hong of the 103
rd
, Leverett of the 123
rd
, Gunter of the
8
th
, and Evans of the 57
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated,
1
relating appellate practice, so as to provide for the digital recording of certain trial2
proceedings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia3
Annotated, relating to procedure for persons under sentence of state court of record, so as to4
provide for digital recording of certain felony trial proceedings; to amend Title 15 of the5
Official Code of Georgia Annotated, relating to courts, so as to provide for the digital6
recording of certain Georgia State-wide Business Court proceedings; to provide for the7
utilization and regulation of digital recording systems; to provide for definitions; to provide8
for related matters; to provide for an effective date; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
PART I12
SECTION 1-1.13
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to14
appellate practice, is amended by revising Code Section 5-6-41, relating to reporting,15
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preparation, and disposition of transcript, correction of omissions or misstatements,
16
preparation of transcript from recollections, filing of disallowed papers, filing of stipulations17
in lieu of transcript, and reporting at party's expense, as follows:18
"5-6-41.19
(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case
20
excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness21
testifies; and for all proceedings in a case in which the prosecuting attorney has filed a22
notice of intent to seek the death penalty, In all felony cases, the transcript of evidence and23
proceedings shall be reported and prepared by a court reporter as provided in Code Section24
17-8-5 or as otherwise provided by law. In all other felony proceedings, the transcript of25
evidence and proceedings shall either be reported and prepared by a court reporter as26
provided in Code Section 17-8-5 or as otherwise provided by law or, in the judge's27
discretion, be recorded via a digital recording system, as defined in Code Section 15-14-22,28
as provided for by uniform court rules adopted and published by order of the Supreme29
Court with the advice and consent of the council of the affected class or classes of trial30
courts.31
(b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the32
reporting and transcribing of the evidence and proceedings by a court reporter on terms33
prescribed by the trial judge, or may require the recording of the evidence and proceedings34
via a digital recording system, as defined in Code Section 15-14-22, as provided for by35
uniform court rules adopted and published by order of the Supreme Court with the advice36
and consent of the council of the affected class or classes of trial courts.37
(c) In all civil cases tried in the superior and city courts, in the Georgia State-wide38
Business Court, and in any other court, the judgments of which are subject to review by the39
Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to40
have the proceedings and evidence reported by a court reporter, the costs thereof to be41
borne equally between them, or recorded via a digital recording system, as defined in Code42
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Section 15-14-22, as provided for by uniform court rules adopted and published by order43
of the Supreme Court with the advice and consent of the council of the affected class or44
classes of trial courts; and, where an appeal is taken which draws in question the transcript45
of the evidence and proceedings, it shall be the duty of the appellant to have the transcript46
prepared at the appellant's expense. Where it is determined that the parties, or either of47
them, are financially unable to pay the costs of reporting or transcribing, and the48
proceeding was not recorded by a digital recording system, as defined in Code Section49
15-14-22, the judge may, in the judge's discretion, authorize trial of the case unreported;50
and, when it becomes necessary for a transcript of the evidence and proceedings to be51
prepared, it shall be the duty of the moving party to prepare the transcript from recollection52
or otherwise.53
(d) Where a trial in any civil or criminal case is reported by a court reporter or recorded54
via a digital recording system, as defined in Code Section 15-14-22, as provided for by55
uniform court rules adopted and published by order of the Supreme Court with the advice56
and consent of the council of the affected class or classes of trial courts, all motions,57
colloquies, objections, rulings, evidence, whether admitted or stricken on objection or58
otherwise, copies or summaries of all documentary evidence, the charge of the court, and59
all other proceedings which may be called in question on appeal or other posttrial60
procedure shall be reported or recorded; and, where the report or recording is transcribed,61
all such matters shall be included in the written transcript, it being the intention of this62
article that all these matters appear in the record. Where matters occur which were not63
reported or recorded, such as objections to oral argument, misconduct of the jury, or other64
like instances, the court, upon motion of either party, shall require that a transcript of these65
matters be made and included as a part of the record. The transcript of proceedings shall66
not be reduced to narrative form unless by agreement of counsel; but, where the trial is not67
reported or recorded or the transcript of the proceedings for any other reason is not68
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available and the evidence is prepared from recollection, it may be prepared in narrative
69
form.70
(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital
71
recording system, as defined in Code Section 15-14-22, as provided for by uniform court72
rules adopted and published by order of the Supreme Court with the advice and consent of73
the council of the affected class or classes of trial courts, and the evidence and proceedings74
are transcribed, the reporter shall complete the transcript and file the original and one copy75
thereof with the clerk of the trial court, together with the court reporter's certificate attesting76
to the correctness thereof. In criminal cases where the accused was convicted of a capital77
felony, an additional copy shall be filed for the Attorney General, for which the court78
reporter shall receive compensation from the Department of Law as provided by law. The79
original transcript shall be transmitted to the appellate court as a part of the record on80
appeal; and one copy will be retained in the trial court, both as referred to in Code Section81
5-6-43. Upon filing by the reporter, the transcript shall become a part of the record in the82
case and need not be approved by the trial judge.83
(f) Where any party contends that the transcript or record does not truly or fully disclose84
what transpired in the trial court and the parties are unable to agree thereon, the trial court85
shall set the matter down for a hearing with notice to both parties and resolve the difference86
so as to make the record conform to the truth. If anything material to either party is omitted87
from the record on appeal or is misstated therein, the parties by stipulation, or the trial88
court, either before or after the record is transmitted to the appellate court, on a proper89
suggestion or of its own initiative, may direct that the omission or misstatement shall be90
corrected and, if necessary, that a supplemental record shall be certified and transmitted by91
the clerk of the trial court. The trial court or the appellate court may at any time order the92
clerk of the trial court to send up any original papers or exhibits in the case, to be returned93
after final disposition of the appeal.94
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(g) Where a proceeding is recorded via a digital recording system, as defined in Code95
Section 15-14-22, as provided for by uniform court rules adopted and published by order96
of the Supreme Court with the advice and consent of the council of the affected class or97
classes of trial courts, such recording shall not be considered the record of the proceeding98
unless it is transcribed and certified pursuant to this article. Such transcript shall not be99
created if the recorded proceeding is also taken down and transcribed by a court reporter.100
(g)(h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of101
this Code section or where for any other reason the transcript of the proceedings is not102
obtainable and a transcript of the evidence and proceedings is prepared from recollection,103
the agreement of the parties thereto or their counsel, entered thereon, shall entitle such104
transcript to be filed as a part of the record in the same manner and with the same binding105
effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code106
section. In case of the inability of the parties to agree as to the correctness of such107
transcript, the decision of the trial judge thereon shall be final and not subject to review;108
and, if the trial judge is unable to recall what transpired, the judge shall enter an order109
stating that fact.110
(h)(i) Where any amendment or other pleading or paper which requires approval or111
sanction of the court in any proceeding before being filed of record is disallowed or112
sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed,113
with notation of disallowance thereon, and shall become part of the record for purposes of114
consideration on appeal or other procedure for review.115
(i)(j) In lieu of sending up a transcript of record, the parties may by agreement file a116
stipulation of the case showing how the questions arose and were decided in the trial court,117
together with a sufficient statement of facts to enable the appellate court to pass upon the118
questions presented therein. Before being transmitted to the appellate court, the stipulation119
shall be approved by the trial judge or the presiding judge of the court where the case is120
pending.121
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(j)(k) In all cases, civil or criminal, any party may as a matter of right have the case122
reported at the party's own expense."123
SECTION 1-2.124
Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to125
procedure for persons under sentence of state court of record, is amended by revising Code126
Section 9-14-50, relating to transcription of proceedings, as follows:127
"9-14-50.128
All trials held under this article shall be recorded via a digital recording system, as defined129
in Code Section 15-14-22, as provided for by uniform court rules adopted and published130
by order of the Supreme Court with the advice and consent of the council of the affected131
class or classes of trial courts and transcribed by a court reporter, or taken down and132
transcribed by a court reporter, as designated by the superior court hearing the case."133
PART II134
SECTION 2-1.135
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising136
Code Section 15-5A-14, relating to the employment and compensation of other personnel,137
as follows:138
"15-5A-14.139
The judge of the Georgia State-wide Business Court may employ and fix the salaries of140
stenographers, clerical assistants, and such other employees as may be deemed necessary141
by the court; and the salaries therefor shall be paid by the clerk from the amount142
appropriated by the General Assembly for such purposes. The judge may also provide for143
the recording of cases via a digital recording system, as defined in Code Section 15-14-22,144
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as provided for by uniform court rules adopted and published by order of the Supreme145
Court with the advice and consent of the Georgia State-wide Business Court."146
SECTION 2-2.147
Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to148
court reporters, waiver, and compensation relative to state courts, as follows:149
"(a) Court reporting personnel A court reporter, or a digital recording system, as defined150
in Code Section 15-14-22, as provided for by uniform court rules adopted and published151
by order of the Supreme Court with the advice and consent of The Council of State Court152
Judges of Georgia, or both, shall be made available for the reporting of civil and criminal153
trials in state courts, subject to the laws governing same in the superior courts of this state. 154
The judge shall have discretion as to whether to use a digital recording system, as defined155
in Code Section 15-14-22."156
SECTION 2-3.157
Said title is further amended by revising subsection (f) of and by adding a new subsection to158
Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding,159
compensation, and role and responsibilities, to read as follows:160
"(f) The district attorney may utilize a digital recording system, as defined in Code Section161
15-14-22, as provided for by uniform court rules adopted and published by order of the162
Supreme Court with the advice and consent of the council of the affected class or classes163
of trial courts to record grand jury proceedings.164
(g) Except as otherwise provided in this Code section, a recording, any court reporter's165
notes, and any transcript prepared from such recording or notes shall be provided solely to166
the district attorney, who shall retain control of such recording, notes, and transcript. The167
district attorney may use such materials to the extent such use is appropriate to the proper168
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performance of his or her official duties, including compliance with Article 1 of Chapter
169
16 of Title 17."170
SECTION 2-4.171
Said title is further amended by revising Code Section 15-14-1, relating to power of superior172
court judges to appoint and remove, oath, and duties, as follows:173
"15-14-1.174
The judges of the superior courts shall have power to appoint and, at their pleasure, to175
remove a court reporter, as defined in Article 2 of this chapter
Code Section 15-14-22, for176
the courts of their respective circuits. The court reporter, before entering on the duties of177
the court reporter's office, shall be duly sworn in open court to perform faithfully all the178
duties required of the court reporter by law. It shall be the court reporter's duty to attend179
all courts in the circuit for which such court reporter is appointed and, when directed by the180
judge, to record exactly and truly or take stenographic notes of the testimony and181
proceedings in the case tried, except the arguments of counsel. The judges may provide182
for the recording of cases and proceedings via a digital recording system, as defined in183
Code Section 15-14-22, as provided for by uniform court rules adopted and published by184
order of the Supreme Court with the advice and consent of The Council of Superior Court185
Judges of Georgia when such recording is authorized pursuant to Code Section 5-6-41."186
SECTION 2-5.187
Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to188
power of city court judges to appoint and compensation, as follows:189
"(a) The judges of the city courts of this state having concurrent jurisdiction with the190
superior courts of this state to try misdemeanor cases and to try civil cases where the191
amount involved exceeds $500.00, where not otherwise specifically provided for by law,192
may appoint an official court reporter, as defined in Article 2 of this chapter Code Section193
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15-14-22, whose compensation for reporting criminal and civil cases and for attendance194
upon court shall be the same as provided by the Judicial Council pursuant to Code Section195
15-5-21. The court reporter reporting and transcribing civil cases shall be paid by the party196
or parties requesting the reporting or transcribing. The judges may also provide for the197
recording of cases via a digital recording system, as defined in Code Section 15-14-22, as198
provided for by uniform court rules adopted and published by order of the Supreme Court199
with the advice and consent of the council of the affected class or classes of trial courts."200
SECTION 2-6.201
Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe202
and certificate, as follows:203
"15-14-5.204
(a) It shall be the duty of each court reporter to transcribe the evidence and other205
proceedings of which he has taken notes as provided by law whenever requested so to do206
by counsel for any party to such case and upon being paid the legal fees for such207
transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto208
a certificate signed by him or her reciting that the transcript is true, complete, and correct. 209
Subject only to the right of the trial judge to change or require the correction of the210
transcript, the transcript so certified shall be presumed to be true, complete, and correct.211
(b) When a court proceeding has been recorded via a digital recording system, as defined212
in Code Section 15-14-22, as provided for by uniform court rules adopted and published213
by order of the Supreme Court with the advice and consent of the council of the affected214
class or classes of trial courts, if requested or required by law, a transcript shall be prepared215
by a certified court reporter. If a court reporter receives such recording from the court, the216
court reporter shall transcribe the recording completely and accurately in accordance with217
rules promulgated by the Judicial Council of Georgia or any applicable uniform rules. The218
court reporter, upon delivering the transcript to the requesting party or upon filing it with219
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the clerk, shall affix thereto a signed certificate reciting that the transcript is true, complete,220
and correct. Subject only to the right of the trial judge to change or require the correction221
of the transcript, a transcript so certified shall be presumed to be true, complete, and222
correct."223
SECTION 2-7.224
Said title is further amended by revising Code Section 15-14-22, relating to definitions225
relative to training and certification of court reporters, as follows:226
"15-14-22.227
As used in this article, the term:228
(1) 'Board' means the Board of Court Reporting of the Judicial Council.229
(2) 'Certified court reporter' means any person certified under this article to practice230
verbatim reporting.231
(3) 'Court reporter' means any person who is engaged in the practice of court reporting232
as a profession as defined in this article. The term 'court reporter' Such term shall include233
not only those who actually report judicial proceedings in courts but also those who make234
verbatim records as defined described in paragraph (4) of this Code section.235
(4) 'Court reporting' means the making of a verbatim record by means of manual236
shorthand, machine shorthand, closed microphone voice dictation silencer, or by other237
means of personal verbatim reporting of any testimony given under oath before, or for238
submission to, any court, referee, or court examiner or any board, commission, or other239
body created by statute, or by the Constitution of this state or in any other proceeding240
where a verbatim record is required. The taking of a deposition is the making of a241
verbatim record as defined described in this article. Such term shall not include the242
operation of a digital recording system aside from those methods of making a verbatim243
record that require the passage of an examination accepted by the board pursuant to Code244
Section 15-14-30.245
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(5) 'Digital recording system' means any method for creating an electronic audio or246
audiovisual recording of a court proceeding for the purpose of creating a verbatim247
transcript."248
PART III249
SECTION 3-1.250
This Act shall become effective on January 1, 2026.251
SECTION 3-2.252
All laws and parts of laws in conflict with this Act are repealed.253
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