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2018 Georgia Code 15-14-1 | Car Wreck Lawyer

TITLE 15 COURTS

Section 14. Court Reporters, 15-14-1 through 15-14-37.

ARTICLE 1 GENERAL PROVISIONS

15-14-1. Power of superior court judges to appoint and remove; oath; duties.

The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter, as defined in Article 2 of this chapter, for the courts of their respective circuits. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of the court reporter by law. It shall be the court reporter's duty to attend all courts in the circuit for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel.

(Ga. L. 1876, p. 133, § 1; Code 1882, § 4696(a); Penal Code 1895, § 810; Penal Code 1910, § 810; Code 1933, § 24-3101; Ga. L. 1993, p. 1315, § 6.)

JUDICIAL DECISIONS

Denial of request to use unofficial reporter not unconstitutional.

- Appellant was not deprived of appellant's constitutional rights to a fair trial though appellant was denied appellant's request to use an unofficial court reporter at appellant's expense. Estep v. State, 129 Ga. App. 909, 201 S.E.2d 809 (1973).

Reporter bound to obey judge of superior court as employer.

- Court reporter is, as to all of the reporter's official duties defined by statute, bound to obey the judge of the superior court, and is certainly, as to those duties, an employee of the judge. Johnson v. United States Fid. & Guar. Co., 93 Ga. App. 336, 91 S.E.2d 779 (1956).

Report of another case, duly authenticated by stenographer, is admissible to prove testimony of witness. Burnett v. State, 87 Ga. 622, 13 S.E. 552 (1891).

It is duty of reporter to read disputed testimony to jury when directed by judge. Green v. State, 122 Ga. 169, 50 S.E. 53 (1905).

Expense in private action not assessable against public treasury.

- Court could not assess costs against the public treasury in a civil case between private parties the expense of requiring the notes of the official stenographer to be written out for the benefit of the judge. Macris v. Tsipourses, 35 Ga. App. 671, 134 S.E. 621 (1926).

Order of judge to compensate official stenographer becomes judgment by court of competent jurisdiction and, not being void on its face, cannot be collaterally attacked. Walden v. Nichols, 204 Ga. 532, 50 S.E.2d 105 (1948).

Private reporter may refuse to furnish transcript to opposing party.

- If plaintiff agrees with reporter that the reporter should take notes on the testimony given on the trial of the case and that plaintiff alone will be responsible for the fees to be paid for such service, in which agreement the defendant expressly refuses to participate, and if the trial court makes no order respecting the reporting of the case, the defendant cannot compel the reporter to transcribe the reporter's stenographic notes even though the defendant offers to pay the entire cost of reporting the case and the cost of transcribing the case, and it is not error to refuse to order the reporter to furnish the defendant with a transcript of the evidence. Harrington v. Harrington, 224 Ga. 305, 161 S.E.2d 862 (1968).

If in a judicial hearing in connection with a civil action the court reporter transcribes testimony, not by direction of the court but by private agreement with one party in which the opposing party has expressly refused to participate, all costs of transcription having been paid by the former, the opposing party cannot thereafter compel the reporter to furnish that party with a copy of the transcript; evidentiary questions for which such a transcript is necessary on appeal cannot be decided by the Court of Appeals. Nixdorf Enters., Inc. v. Bell, 127 Ga. App. 617, 194 S.E.2d 486 (1972).

Cited in Heard v. State, 210 Ga. 108, 78 S.E.2d 38 (1953); Giddings v. Starks, 240 Ga. 496, 241 S.E.2d 208 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Court reporter may not work for two courts.

- Court reporter may not hold simultaneous employment with the State Board of Workers' Compensation and a superior court or state court, but the reporter may provide court reporting services to those courts provided the reporter's role is that of an independent contractor. 1983 Op. Att'y Gen. No. 83-56.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 1 et seq.

C.J.S.

- 21 C.J.S., Courts, § 136.

Cases Citing O.C.G.A. § 15-14-1

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Evers v. Evers, 587 S.E.2d 22 (Ga. 2003).

Cited 26 times | Published | Supreme Court of Georgia | Sep 22, 2003 | 277 Ga. 132, 2003 Fulton County D. Rep. 2818

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Heiskell Et Al. v. Roberts, 295 Ga. 795 (Ga. 2014).

Cited 15 times | Published | Supreme Court of Georgia | Oct 6, 2014 | 764 S.E.2d 368

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Campbell v. Dep't of Corr., 490 S.E.2d 99 (Ga. 1997).

Cited 15 times | Published | Supreme Court of Georgia | Sep 22, 1997 | 268 Ga. 408, 97 Fulton County D. Rep. 3496

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Keeler v. Keeler, 430 S.E.2d 5 (Ga. 1993).

Cited 14 times | Published | Supreme Court of Georgia | Jun 1, 1993 | 263 Ga. 151, 93 Fulton County D. Rep. 2034

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Ellis v. Caldwell, 290 Ga. 336 (Ga. 2012).

Cited 12 times | Published | Supreme Court of Georgia | Jan 9, 2012 | 720 S.E.2d 628, 2012 Fulton County D. Rep. 68

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Kent v. Kent, 716 S.E.2d 212 (Ga. 2011).

Cited 11 times | Published | Supreme Court of Georgia | Oct 3, 2011 | 289 Ga. 821, 2011 Fulton County D. Rep. 3027

...If the case can be appealed to the Supreme Court or Court of Appeals, the trial court also has discretion to order that the proceedings and evidence be taken down by a court reporter and to require the parties to split the reporter's costs equally. See OCGA §§ 5-6-41(c), 15-14-1....
...the reporter's fee; the opposing party "expressly refused to participate" in the agreement with the court reporter; and "the trial court made no order respecting the reporting of the case" under the statutory predecessors to OCGA §§ 5-6-41(c) and 15-14-1....
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Amayo v. Amayo, 301 Ga. 660 (Ga. 2017).

Cited 5 times | Published | Supreme Court of Georgia | Jun 30, 2017 | 802 S.E.2d 245