Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB296 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 296 By: Howard of the Senate
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8	38		and
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10	40		Stinson of the House
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15	47		An Act relating to court reporters; amending 20 O.S.
16	48		2021, Section 106.4, which r elates to duties of
17	49		reporter; establishing options for c ases in which a
18	50		court reporter is unavailable; authorizing Supreme
19	51		Court to set certain transcript fee; and providing an
20	52		effective date.
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25		-	~~SUBJECT: Court reporters~~
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27	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	60		SECTION 1. AMENDATORY 20 O. S. 2021, Section 106.4, is
30	61		amended to read as follows:
31		-
32	62		Section 106.4. A. 1. The court reporter shall make a full
33	63		reporting by means of stenographic hand, steno -mask or machine
34	64		notes, or a combination th ereof, of all proceedings, including the
35	65		statements of counsel and the court and the evidence, in trials and
36	66		other judicial proceedings to which the court reporte r is assigned
37	67		by the appointing judge unless excused by the judge who is trying
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	69	+	SB296 HFLR Page 2
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38	95		the case with the consent of the parties to the action. Nothing
39	96		herein contained shall be construed to authorize the certificatio n
40	97		of persons as certified shorthand reporters who rely exclusively
41	98		upon the steno-mask for reporting judicial proceedi ngs, except as
42	99		provided by law. A refusal of the court to permit or to r equire any
43	100		statement to be taken down by the court reporter or tr anscribed
44	101		after being taken down, upon the sam e being shown by affidavit or
45	102		other direct and competent evidence, to th e Supreme Court, or ot her
46	103		appellate court, shall constitute a denial of d ue process of law.
47		-
48		-	ENR. S. B. NO. 296 Page 2
49	104		The court reporter may use an electronic inst rument as a
50	105		supplementary device.
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52	106		2. In any trial, hearing or proceedings, if no court reporter
53	107		is available to the a ssigned judge:
54		-
55	108		a. the judge before whom the matter is being heard may ,
56	109		unless objection is made by a party or counsel, order
57	110		the proceedings electronically recorded. A and a
58	111		trial or proceedings may proceed without the necessity
59	112		of a court reporter being present, unless there is
60	113		objection by a party or counsel . Provided that if an
61	114		official transcript is ordered then it shall be
62	115		prepared by the official court re porter, or
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64	116		b. with approval of the judge, the parties may stipulate
65	117		to the use of a freelance re porter and share the cost.
66	118		If ordered, the transcript shall be prepared by the
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	120	+	SB296 HFLR Page 3
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67	146		approved reporter and shall be considered the official
68	147		transcript for all purposes .
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70	148		B. Upon request of either party in a civil or criminal case,
71	149		the reporter shall transcribe the proceedings in a t rial or other
72	150		judicial proceeding, or so much there of as may be requested by the
73	151		party, certify to the correctness o f the transcript, and deliver the
74	152		same in accordance with the rules of the Supreme Court. The fee for
75	153		an original transcript shall be Three Dollars and fifty cents
76	154		($3.50) per page set by the Supreme Court. Two copies of the
77	155		original transcript shall be furnished without additional charge.
78	156		Each page shall be at least twenty -five lines to the page and typed
79	157		no fewer than nine characters to t he typed inch. Each page shall be
80	158		no more than double spaced and the margin on the left side of the
81	159		page shall be no more than one and one -half (1 1/2) inches and the
82	160		margin on the right side of the page shall be no more than one -half
83	161		(1/2) inch from the edge of the paper. The format for all
84	162		transcripts shall be prescribed by the Supreme Court. The fees for
85	163		making the transcript shall be paid in the first ins tance by the
86	164		party requesting the transcript and shall be taxed as costs in the
87	165		suit.
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89	166		When the judge on his or her own motion orders a transcript of
90	167		the reporter’s notes, the judge may direct the payment of charge s
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92		-	ENR. S. B. NO. 296 Page 3
93	168		and the taxation of the charges as costs in such manner as the court
94	169		deems appropriate. In a criminal action, if th e defendant shall
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95	197		present to the judge an affidavit that the defendant in tends in good
96	198		faith to take an appeal in the case and that a tran script of the
97	199		reporter’s notes is necessary to enable the defendant to prosecute
98	200		the appeal, and that he or she has no t the means to pay for the
99	201		transcript, the court, upon finding that there is reasonable basis
100	202		for the averment, shall order the transcript made at the expense of
101	203		the district court fund. The format preparation, delivery and
102	204		filing of transcripts to be use d in civil and crimina l appeals may
103	205		be regulated by the Supreme Court.
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105	206		C. The court reporter shall file his or her records of the
106	207		evidence and the proceedings taken in any case wit h the clerk of the
107	208		court in which the case was tried.
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109	209		D. To the extent tha t it does not substant ially interfere with
110	210		the court reporter’s other official duties, the judge by whom a
111	211		reporter is employed or to whom he or she is assigned may assign a
112	212		reporter to secretarial or clerical duties arising out of official
113	213		court operations.
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115	214		SECTION 2. This act shall become effective November 1 , 2023.
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118		-	ENR. S. B. NO. 296 Page 4
119		-	Passed the Senate the 20th day of February, 2023.
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121		-
122		-
123		-	Presiding Officer of the Senate
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126		-	Passed the House of Representatives the 19th day of April, 2023.
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130		-	Presiding Officer of the House
131		-	of Representatives
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133		-	OFFICE OF THE GOVERNOR
134		-	Received by the Office of the Governor this _______ _____________
135		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
136		-	By: _______________________________ __
137		-	Approved by the Governor of the State of Oklahoma this _____ ____
138		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
139		-
140		-	_________________________________
141		-	Governor of the State of Oklahoma
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143		-
144		-	OFFICE OF THE SECRETARY OF STATE
145		-	Received by the Office of the Secretary of State this _______ ___
146		-	day of __________________, 20 _______, at ______ _ o'clock _______ M.
147		-	By: _______________________________ __
	216	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	217	+	04/11/2023 - DO PASS.