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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 296 By: Howard
AS INTRODUCED
An Act relating to court reporters; amending 20 O.S.
2021, Section 106.4, which r elates to duties of
reporter; establishing options for c ases in which a
court reporter is unav ailable; authorizing Supreme
Court to set certain transcript fee; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O. S. 2021, Section 106.4, is
amended to read as follows:
Section 106.4. A. 1. The court reporter shall make a full
reporting by means of stenographic hand, steno -mask or machine
notes, or a combination th ereof, of all proceedings, including the
statements of counsel and the court and the evidence, in trials and
other judicial proceedings to which the court reporte r is assigned
by the appointing judge unless excused by the judge who is trying
the case with the consent of the parties to the action. Nothing
herein contained shall be construed to authorize the certification
of persons as certified shorthand reporters who rely exclusively
upon the steno-mask for reporting judicial proceedings, except as
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provided by law. A refusal of the court to permit or to r equire any
statement to be taken down by the court reporter or transcribed
after being taken down, upon the sam e being shown by affidavit or
other direct and competent evidence, to the Supreme Court, or ot her
appellate court, shall constitute a denial of d ue process of law.
The court reporter may use an electronic instrument as a
supplementary device.
2. In any trial, hearing or proceedings, if no court reporter
is available to the assigned judge :
a. the judge before whom the matter is being heard may ,
unless objection is made by a party or counsel, order
the proceedings electronicall y recorded. A and a
trial or proceedings may proceed without the necessity
of a court reporter being present , unless there is
objection by a party or counsel . Provided that if an
official transcript is ordered then it shall be
prepared by the official court re porter, or
b. with approval of the judge, the parties may stipulate
to the use of a freelance reporter and share the cost.
If ordered, the transcript shall be prepared by the
approved reporter and shall be considered the official
transcript for all purposes .
B. Upon request of either party in a civil or criminal case,
the reporter shall transcribe the proceedings in a t rial or other
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judicial proceeding, or so much there of as may be requested by the
party, certify to the correctness of the transcript, and deliver the
same in accordance with the rules of the Supreme Court. The fee for
an original transcript shall be Three Dollars and fifty cents
($3.50) per page set by the Supreme Court. Two copies of the
original transcript shall be furnished without additional charge.
Each page shall be at least twenty -five lines to the page and typed
no fewer than nine characters to t he typed inch. Each page shall be
no more than double spaced and the margin on the left side of the
page shall be no more than one and one -half (1 1/2) inches and the
margin on the right side of the page shall be no more than one -half
(1/2) inch from the edge of the paper. The format for all
transcripts shall be prescribed by the Supreme Court. The fees for
making the transcript shall be paid in the first ins tance by the
party requesting the transcript and shall be taxed as costs in the
suit.
When the judge on his or her own motion orders a transcript of
the reporter’s notes, the judge may direct the payment of charges
and the taxation of the charges as costs in such manner as the court
deems appropriate. In a criminal action, if the defendant shall
present to the judge an affidavit that the defendant in tends in good
faith to take an appeal in the case and that a transcript of the
reporter’s notes is necessary to enable the defendant to prosecute
the appeal, and that he or she has not the means to pay for the
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transcript, the court, upon finding that there is reasonable basis
for the averment, shall order the transcript made at the expense of
the district court fund. The format preparation, delivery and
filing of transcripts to be used in civil and crimina l appeals may
be regulated by the Supreme Court.
C. The court reporter shall file his or her records of the
evidence and the proceedings taken in any case wit h the clerk of the
court in which the case was tried.
D. To the extent that it does not substant ially interfere with
the court reporter’s other official duties, the judge by whom a
reporter is employed or to whom he or she is assigned may assign a
reporter to secretarial or clerical duties arising out of official
court operations.
SECTION 2. This act shall become effective November 1 , 2023.
59-1-855 TEK 1/12/2023 2:04:37 PM