| 1 | 1 | | 25 LC 48 1506 |
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| 2 | 2 | | House Bill 545 |
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| 3 | 3 | | By: Representative Jones of the 60 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Code Section 5-6-42 of the Official Code of Georgia Annotated, relating to |
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| 9 | 9 | | 1 |
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| 10 | 10 | | procedure for preparation and filing of transcript of evidence and proceedings where2 |
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| 11 | 11 | | appellant designates matter to be omitted from record on appeal and extensions of time for3 |
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| 12 | 12 | | completion of transcript, so as to provide for transcript requests; to provide a short title; to4 |
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| 13 | 13 | | provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 15 | 15 | | SECTION 1.7 |
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| 16 | 16 | | This Act shall be known and may be cited as the "Terry Act."8 |
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| 17 | 17 | | SECTION 2.9 |
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| 18 | 18 | | Code Section 5-6-42 of the Official Code of Georgia Annotated, relating to procedure for10 |
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| 19 | 19 | | preparation and filing of transcript of evidence and proceedings where appellant designates11 |
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| 20 | 20 | | matter to be omitted from record on appeal and extensions of time for completion of12 |
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| 21 | 21 | | transcript, is amended by revising said Code section as follows:13 |
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| 22 | 22 | | H. B. 545 |
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| 23 | 23 | | - 1 - 25 LC 48 1506 |
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| 24 | 24 | | "5-6-42. |
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| 25 | 25 | | 14 |
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| 26 | 26 | | If the appellant designates any matter to be omitted from the record on appeal as provided15 |
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| 27 | 27 | | in Code Section 5-6-37, the appellee may, within 15 days of serving of the notice of appeal16 |
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| 28 | 28 | | by appellant, file a designation of record designating that all or part of the omitted matters17 |
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| 29 | 29 | | be included in the record on appeal. A copy of the designation shall be served on all other18 |
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| 30 | 30 | | parties in the manner prescribed by Code Section 5-6-32. Where there is a transcript of19 |
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| 31 | 31 | | evidence and proceedings to be included in the record on appeal, the appellant shall cause20 |
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| 32 | 32 | | the transcript to be prepared and filed as provided by Code Section 5-6-41; |
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| 33 | 33 | | by filing the21 |
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| 34 | 34 | | notice of appeal with the clerk of the court, and shall request the transcripts from the court22 |
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| 35 | 35 | | reporter listed on the notice of appeal. The court reporter shall file the transcripts with the23 |
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| 36 | 36 | | clerk of the court as provided by Code Section 5-6-41; but, when the appellant has24 |
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| 37 | 37 | | designated that the transcript not be made a part of the record on appeal and its inclusion25 |
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| 38 | 38 | | is by reason of a designation thereof by appellee, the appellee shall cause the transcript to26 |
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| 39 | 39 | | be prepared and filed as referred to in Code Section 5-6-41 at his the appellee's expense.27 |
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| 40 | 40 | | The party having the responsibility of filing the transcript shall cause it to be filed within28 |
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| 41 | 41 | | 30 days after filing of the notice of appeal or designation by appellee, as the case may be,29 |
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| 42 | 42 | | unless the time is extended as provided in Code Section 5-6-39. In all cases, it shall be the30 |
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| 43 | 43 | | duty of the trial judge to grant such extensions of time as may be necessary to enable the31 |
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| 44 | 44 | | court reporter to complete his or her transcript of evidence and proceedings."32 |
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| 45 | 45 | | SECTION 3.33 |
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| 46 | 46 | | All laws and parts of laws in conflict with this Act are repealed. 34 |
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| 47 | 47 | | H. B. 545 |
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| 48 | 48 | | - 2 - |
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