25 LC 48 1561S
House Bill 179 (COMMITTEE SUBSTITUTE)
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 Code Section 9-11-30 of the Official Code of Georgia Annotated,3
relating to depositions upon oral examination, so as to expand the manner in which court4
testimony is recorded; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of5
Georgia Annotated, relating to procedure for persons under sentence of state court of record,6
so as to provide for digital recording of certain felony trial proceedings; to amend Title 157
of the Official Code of Georgia Annotated, relating to courts, so as to provide for the digital8
recording of certain Georgia State-wide Business Court proceedings; to provide for the9
utilization and regulation of digital recording systems; to provide for definitions; to provide10
for related matters; to provide for an effective date; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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PART I
14
SECTION 1-1.15
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to16
appellate practice, is amended by revising Code Section 5-6-41, relating to reporting,17
preparation, and disposition of transcript, correction of omissions or misstatements,18
preparation of transcript from recollections, filing of disallowed papers, filing of stipulations19
in lieu of transcript, and reporting at party's expense, as follows:20
"5-6-41.21
(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case
22
excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness23
testifies; and for all proceedings in a case in which the prosecuting attorney has filed a24
notice of intent to seek the death penalty, In all felony cases, the transcript of evidence and25
proceedings shall be reported and prepared by a court reporter as provided in Code Section26
17-8-5 or as otherwise provided by law. In all other felony proceedings, the transcript of27
evidence and proceedings shall either be reported and prepared by a court reporter as28
provided in Code Section 17-8-5 or as otherwise provided by law or, except as provided29
in Code Section 5-6-41, in the judge's discretion, be recorded via a digital recording30
system, as defined in Code Section 15-14-22, and as provided for by uniform court rules31
adopted and published by order of the Supreme Court with the advice and consent of the32
council of the affected class or classes of trial courts.33
(b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the34
reporting and transcribing of the evidence and proceedings by a court reporter on terms35
prescribed by the trial judge, or, except as provided in Code Section 5-6-41, may require36
the recording of the evidence and proceedings via a digital recording system, as defined in37
Code Section 15-14-22, and as provided for by uniform court rules adopted and published38
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by order of the Supreme Court with the advice and consent of the council of the affected39
class or classes of trial courts.40
(c) In all civil cases tried in the superior and city courts, in the Georgia State-wide41
Business Court, and in any other court, the judgments of which are subject to review by the42
Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to43
have the proceedings and evidence reported by a court reporter, the costs thereof to be44
borne equally between them, or, except as provided in Code Section 5-6-41, recorded via45
a digital recording system, as defined in Code Section 15-14-22, and as provided for by46
uniform court rules adopted and published by order of the Supreme Court with the advice47
and consent of the council of the affected class or classes of trial courts; and, where an48
appeal is taken which draws in question the transcript of the evidence and proceedings, it49
shall be the duty of the appellant to have the transcript prepared at the appellant's expense. 50
Where it is determined that the parties, or either of them, are financially unable to pay the51
costs of reporting or transcribing, and the proceeding was not recorded by a digital52
recording system, as defined in Code Section 15-14-22, the judge may, in the judge's53
discretion, authorize trial of the case unreported; and, when it becomes necessary for a54
transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving55
party to prepare the transcript from recollection or otherwise.56
(d) Where a trial in any civil or criminal case is reported by a court reporter or recorded57
via a digital recording system, as defined in Code Section 15-14-22, and as provided for58
by uniform court rules adopted and published by order of the Supreme Court with the59
advice and consent of the council of the affected class or classes of trial courts, all motions,60
colloquies, objections, rulings, evidence, whether admitted or stricken on objection or61
otherwise, copies or summaries of all documentary evidence, the charge of the court, and62
all other proceedings which may be called in question on appeal or other posttrial63
procedure shall be reported or recorded; and, where the report or recording is transcribed,64
all such matters shall be included in the written transcript, it being the intention of this65
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article that all these matters appear in the record. Where matters occur which were not
66
reported or recorded
, such as objections to oral argument, misconduct of the jury, or other67
like instances, the court, upon motion of either party, shall require that a transcript of these68
matters be made and included as a part of the record. The transcript of proceedings shall69
not be reduced to narrative form unless by agreement of counsel; but, where the trial is not70
reported or recorded or the transcript of the proceedings for any other reason is not71
available and the evidence is prepared from recollection, it may be prepared in narrative72
form.73
(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital74
recording system, as defined in Code Section 15-14-22, and as provided for by uniform75
court rules adopted and published by order of the Supreme Court with the advice and76
consent of the council of the affected class or classes of trial courts, and the evidence and77
proceedings are transcribed, the a court reporter shall complete the transcript and file the78
original and one copy thereof with the clerk of the trial court, together with the court79
reporter's certificate attesting to the correctness thereof. In criminal cases where the80
accused was convicted of a capital felony, an additional copy shall be filed for the Attorney81
General, for which the court reporter shall receive compensation from the Department of82
Law as provided by law. The original transcript shall be transmitted to the appellate court83
as a part of the record on appeal; and one copy will be retained in the trial court, both as84
referred to in Code Section 5-6-43. Upon filing by the court reporter, the transcript shall85
become a part of the record in the case and need not be approved by the trial judge.86
(f) Where any party contends that the transcript or record does not truly or fully disclose87
what transpired in the trial court and the parties are unable to agree thereon, the trial court88
shall set the matter down for a hearing with notice to both parties and resolve the difference89
so as to make the record conform to the truth. If anything material to either party is omitted90
from the record on appeal or is misstated therein, the parties by stipulation, or the trial91
court, either before or after the record is transmitted to the appellate court, on a proper92
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suggestion or of its own initiative, may direct that the omission or misstatement shall be
93
corrected and, if necessary, that a supplemental record shall be certified and transmitted by94
the clerk of the trial court. The trial court or the appellate court may at any time order the95
clerk of the trial court to send up any original papers or exhibits in the case, to be returned96
after final disposition of the appeal.97
(g) Where a proceeding is recorded via a digital recording system, as defined in Code
98
Section 15-14-22, and as provided for by uniform court rules adopted and published by99
order of the Supreme Court with the advice and consent of the council of the affected class100
or classes of trial courts, such recording shall not be considered the record of the101
proceeding unless it is transcribed and certified pursuant to subsection (b) of Code Section102
15-14-5. Such transcript shall not be created if the recorded proceeding is also taken down103
and transcribed by a court reporter.104
(g)(h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of105
this Code section or where for any other reason the transcript of the proceedings is not106
obtainable and a transcript of the evidence and proceedings is prepared from recollection,107
the agreement of the parties thereto or their counsel, entered thereon, shall entitle such108
transcript to be filed as a part of the record in the same manner and with the same binding109
effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code110
section. In case of the inability of the parties to agree as to the correctness of such111
transcript, the decision of the trial judge thereon shall be final and not subject to review;112
and, if the trial judge is unable to recall what transpired, the judge shall enter an order113
stating that fact.114
(h)(i) Where any amendment or other pleading or paper which requires approval or115
sanction of the court in any proceeding before being filed of record is disallowed or116
sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed,117
with notation of disallowance thereon, and shall become part of the record for purposes of118
consideration on appeal or other procedure for review.119
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(i)(j) In lieu of sending up a transcript of record, the parties may by agreement file a120
stipulation of the case showing how the questions arose and were decided in the trial court,121
together with a sufficient statement of facts to enable the appellate court to pass upon the122
questions presented therein. Before being transmitted to the appellate court, the stipulation123
shall be approved by the trial judge or the presiding judge of the court where the case is124
pending.125
(j)(k) In all cases, civil or criminal, any party may as a matter of right have the case126
reported by a court reporter at the party's own expense."127
SECTION 1-2.128
Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions129
upon oral examination, is amended by revising paragraph (4) of subsection (b) as follows:130
"(4) Recording of deposition. Unless the court orders otherwise, the testimony at a131
deposition must be recorded by stenographic means any means permitted by the Board132
of Court Reporting of the Judicial Council, and may also be recorded by sound or sound133
and visual means in addition to stenographic any means permitted by the Board of Court134
Reporting of the Judicial Council, and the party taking the deposition shall bear the costs135
of the recording. A deposition shall be conducted before an officer appointed or136
designated under Code Section 9-11-28. Upon motion of a party or upon its own motion,137
the court may issue an order designating the manner of recording, preserving, and filing138
of a deposition taken by nonstenographic means, which order may include other139
provisions to assure that the recorded testimony will be accurate and trustworthy. Any140
party may arrange for a transcription to be made from the recording of a deposition taken141
by nonstenographic means. With prior notice to the deponent and other parties, any party142
may designate another method to record the deponent's testimony in addition to the143
methods specified by the person taking the deposition. The additional record or transcript144
shall be made at that party's expense unless the court otherwise orders. The appearance145
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or demeanor of deponents or attorneys shall not be distorted through camera or sound-
146
recording techniques. Notwithstanding the foregoing provisions of this paragraph, a147
deposition may be taken by telephone or other remote electronic means only upon the148
stipulation of the parties or by order of the court. For purposes of the requirements of this149
chapter, a deposition taken by telephone or other remote electronic means is taken in the150
state and at the place where the deponent is to answer questions."151
SECTION 1-3.152
Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to153
procedure for persons under sentence of state court of record, is amended by revising Code154
Section 9-14-50, relating to transcription of proceedings, as follows:155
"9-14-50.156
All trials held under this article shall be recorded via a digital recording system, as defined
157
in Code Section 15-14-22, and as provided for by uniform court rules adopted and158
published by order of the Supreme Court with the advice and consent of the council of the159
affected class or classes of trial courts and transcribed by a court reporter, or taken down160
and transcribed by a court reporter, as designated by the superior court hearing the case."161
PART II162
SECTION 2-1.163
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising164
Code Section 15-5A-14, relating to the employment and compensation of other personnel,165
as follows:166
"15-5A-14.167
The judge of the Georgia State-wide Business Court may employ and fix the salaries of168
stenographers, clerical assistants, and such other employees as may be deemed necessary169
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by the court; and the salaries therefor shall be paid by the clerk from the amount
170
appropriated by the General Assembly for such purposes. Except as provided in subsection
171
(k) of Code Section 5-6-41, the judge may also provide for the recording of cases via a172
digital recording system, as defined in Code Section 15-14-22, and as provided for by173
uniform court rules adopted and published by order of the Supreme Court with the advice174
and consent of the Georgia State-wide Business Court."175
SECTION 2-2.176
Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to177
court reporters, waiver, and compensation relative to state courts, as follows:178
"(a) Court reporting personnel State courts shall make available for the reporting of civil179
and criminal trials a court reporter, as defined in Code Section 15-14-22, or a digital180
recording system, as defined in Code Section 15-14-22, and as provided for by uniform181
court rules adopted and published by order of the Supreme Court with the advice and182
consent of The Council of State Court Judges of Georgia shall be made available for the183
reporting of civil and criminal trials in state courts, subject to the laws governing same in184
the superior courts of this state., or both. Except as provided in subsection (k) of Code185
Section 5-6-41, the judge shall have discretion as to whether to use a digital recording186
system, as defined in Code Section 15-14-22."187
SECTION 2-3.188
Said title is further amended by revising subsection (f) of and by adding a new subsection to189
Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding,190
compensation, and role and responsibilities, to read as follows:191
"(f) The district attorney may utilize a digital recording system, as defined in Code Section192
15-14-22, and as provided for by uniform court rules adopted and published by order of the193
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Supreme Court with the advice and consent of the council of the affected class or classes194
of trial courts to record grand jury proceedings.195
(g) Except as otherwise provided in this Code section, a recording, any court reporter's196
notes, and any transcript prepared from such recording or notes shall be provided solely to197
the district attorney, who shall retain control of such recording, notes, and transcript. The198
district attorney may use such materials to the extent such use is appropriate to the proper199
performance of his or her official duties, including compliance with Article 1 of Chapter200
16 of Title 17."201
SECTION 2-4.202
Said title is further amended by revising Code Section 15-14-1, relating to power of superior203
court judges to appoint and remove, oath, and duties, as follows:204
"15-14-1.205
The judges of the superior courts shall have power to appoint and, at their pleasure, to206
remove a court reporter, as defined in Article 2 of this chapter Code Section 15-14-22, for207
the courts of their respective circuits. The court reporter, before entering on the duties of208
the court reporter's office, shall be duly sworn in open court to perform faithfully all the209
duties required of the court reporter by law. It shall be the court reporter's duty to attend210
all courts in the circuit for which such court reporter is appointed and, when directed by the211
judge, to record exactly and truly or take stenographic notes of the testimony and212
proceedings in the case tried, except the arguments of counsel. Except as provided for in213
subsection (k) of Code Section 5-6-41, the judges may provide for the recording of cases214
and proceedings via a digital recording system, as defined in Code Section 15-14-22, and215
as provided for by uniform court rules adopted and published by order of the Supreme216
Court with the advice and consent of The Council of Superior Court Judges of Georgia217
when such recording is authorized pursuant to Code Section 5-6-41."218
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SECTION 2-5.
219
Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to220
power of city court judges to appoint and compensation, as follows:221
"(a) The judges of the city courts of this state having concurrent jurisdiction with the222
superior courts of this state to try misdemeanor cases and to try civil cases where the223
amount involved exceeds $500.00, where not otherwise specifically provided for by law,224
may appoint an official court reporter, as defined in Article 2 of this chapter
Code Section225
15-14-22, whose compensation for reporting criminal and civil cases and for attendance226
upon court shall be the same as provided by the Judicial Council pursuant to Code Section227
15-5-21. Except as provided in subsection (k) of Code Section 5-6-41, the judges may also228
provide for the recording of cases via a digital recording system, as defined in Code229
Section 15-14-22, and as provided for by uniform court rules adopted and published by230
order of the Supreme Court with the advice and consent of the council of the affected class231
or classes of trial courts. The court reporter reporting and transcribing civil cases shall be232
paid by the party or parties requesting the reporting or transcribing."233
SECTION 2-6.234
Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe235
and certificate, as follows:236
"15-14-5.237
(a) It shall be the duty of each court reporter to transcribe the evidence and other238
proceedings of which he has taken notes as provided by law whenever requested so to do239
by counsel for any party to such case and upon being paid the legal fees for such240
transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto241
a certificate signed by him or her reciting that the transcript is true, complete, and correct. 242
Subject only to the right of the trial judge to change or require the correction of the243
transcript, the transcript so certified shall be presumed to be true, complete, and correct.244
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(b) When a court proceeding has been recorded via a digital recording system, as defined245
in Code Section 15-14-22, and as provided for by uniform court rules adopted and246
published by order of the Supreme Court with the advice and consent of the council of the247
affected class or classes of trial courts, if requested or required by law, a transcript shall be248
prepared by a certified court reporter. If a court reporter receives such recording from the249
court, the court reporter shall transcribe the recording completely and accurately in250
accordance with rules promulgated by the Judicial Council of Georgia or any applicable251
uniform rules. The court reporter, upon delivering the transcript to the requesting party or252
upon filing it with the clerk, shall affix thereto a signed certificate reciting that the253
transcript is true, complete, and correct. Subject only to the right of the trial judge to254
change or require the correction of the transcript, a transcript so certified shall be presumed255
to be true, complete, and correct."256
SECTION 2-7.257
Said title is further amended by revising Code Section 15-14-22, relating to definitions258
relative to training and certification of court reporters, as follows:259
"15-14-22.260
As used in this article, the term:261
(1) 'Board' means the Board of Court Reporting of the Judicial Council.262
(2) 'Certified court reporter' means any person certified under this article to practice263
verbatim reporting.264
(3) 'Court reporter' means any person who is engaged in the practice of court reporting265
as a profession as defined in this article. The term 'court reporter' Such term shall include266
not only those who actually report judicial proceedings in courts but also those who make267
verbatim records as defined described in paragraph (4) of this Code section.268
(4) 'Court reporting' means the making of a verbatim record by means of manual269
shorthand, machine shorthand, closed microphone voice dictation silencer, or by other270
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means of personal verbatim reporting of any testimony given under oath before, or for
271
submission to, any court, referee, or court examiner or any board, commission, or other272
body created by statute, or by the Constitution of this state or in any other proceeding273
where a verbatim record is required. The taking of a deposition is the making of a274
verbatim record as defined
described in this article. Such term shall not include the275
operation of a digital recording system aside from those methods of making a verbatim276
record that require the passage of an examination accepted by the board pursuant to Code277
Section 15-14-30.278
(5) 'Digital recording system' means any method for creating an electronic audio or279
audiovisual recording of a court proceeding for the purpose of creating a verbatim280
transcript as provided for by uniform court rules adopted and published by order of the281
Supreme Court with the advice and consent of the council of the affected class or classes282
of trial courts."283
PART III284
SECTION 3-1.285
This Act shall become effective on January 1, 2026.286
SECTION 3-2.287
All laws and parts of laws in conflict with this Act are repealed.288
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