O.C.G.A. § 15-14-5 (2019)

Annotations

Cross references. - Further provisions regarding reporting, preparation,

and disposition of transcripts of evidence and proceedings, § 5-6-41.

JUDICIAL DECISIONS Burden is on defendant to arrange for a transcription and to pay for the transcript. Wigley v. State, 194 Ga. App. 7, 389 S.E.2d 769, cert. denied, 194 Ga. App. 913, 389 S.E.2d 769 (1989). Certification meant complete and accurate representation of oath. - Since the trial transcript was certified pursuant to O.C.G.A. § 15-14-5, the court must presume that the garbled version of the voir dire oath contained in the transcript truly, completely, and correctly represented the oath actually given by the trial court. However, even if the court presumes that trial counsel was ineffective for failing to object to the improper oath, the defendants failed to show the defendants were prejudiced by such ineffectiveness. Hargett v. State, 285 Ga. 82, 674 S.E.2d 261 (2009). Presumption of correctness may be rebutted. - By participating in the state’s attempt to supplement the record during a hearing on a motion for new trial, a defendant acquiesced in the state’s presentation of the state’s theory that the trial court’s admonition to the defendant of the right to testify was missing from the record, and it was not necessary that the state file a written motion under O.C.G.A. § 5-6-41(f ) to supplement the record.

State v. Nejad, 286 Ga. 695, 690 S.E.2d 846 (2010). Duty of defense counsel. - It is the duty of defense counsel to note and except to any trial errors and to pursue a full transcription thereof if desired. Defense counsel’s lack of diligence cannot be delegated as reversible error on the part of the trial court or court reporter on appeal. Cagle v. State, 160 Ga. App. 803, 287 S.E.2d 660 (1982). Section inapplicable when reporter not paid. - This section is not applicable if the record does not disclose that appellant paid or offered to pay the court reporter the legal fees for a transcript of the evidence. Hair v. Chilton, 223 Ga. 632, 157 S.E.2d 290 (1967). Private reporter may refuse to furnish transcript to opposing party. - If plaintiff agrees with the 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). Duties of official court reporter are set by law, not by private contract; no private agreement between the reporter and one party can prejudice the right of the other party to have a transcript of the proceedings prepared. Giddings v. Starks, 240 Ga. 496, 241 S.E.2d 208 (1978). Must rule at start when one party refuses to share costs. - If one party in a court proceeding declines to share in the expenses of a trial transcript, the other party, in order to preclude the first from later requesting a copy of the transcript, must invoke a ruling of the trial judge at the beginning of the trial which states that the party’s opponent has expressly refused to participate in the costs of reporting. Giddings v. Starks, 240 Ga. 496, 241 S.E.2d 208 (1978). Trial court erred in a civil suit by denying an appealing plaintiff ’s motions for a trial transcript and for a new trial based on not having a transcript because a pretrial order did not qualify as an express ruling that the plaintiff expressly refused to pay for the costs of the transcript. Further, the pretrial order did not qualify as a ruling invoked at the commencement of the proceedings. Moore v. Ctr. Court Sports & Fitness, LLC, 289 Ga. App. 596, 657 S.E.2d 548 (2008), cert. denied, 2008 Ga. LEXIS 463 (Ga. 2008). New reporter to be appointed when another incapable of transcribing. - If the defendant shows that the court reporter appointed by the trial court is incapable of transcribing the tapes of a felony trial, another court reporter should be appointed. Wilson v. State, 246 Ga. 672, 273 S.E.2d 9 (1980). If defendant satisfactorily shows that, due to reporter’s hearing disability, the corrected transcript is not true, complete, and correct, the trial court errs in not granting a motion to have another court reporter transcribe the tapes. Wilson v. State, 246 Ga. 672, 273 S.E.2d 9 (1980).

If correctness of record is called into question, matter is to be resolved by trial court. Ross v. State, 245 Ga. 173, 263 S.E.2d 913 (1980). No error in favoring transcript. - Trial court did not err in denying a wife’s request that the court reporter’s audiotapes be replayed in her presence to establish the accuracy of the certified transcript of the wife’s remarks against her recollection thereof because the wife did not show error in the trial court’s failure to adopt the wife’s recollected version of what transpired during the hearing in favor of the court reporter’s certified transcript. Willis v. Willis, 288 Ga. 577, 707 S.E.2d 344 (2010). Certification of transcript met requirements. - Trial court did not abuse the court’s discretion in ruling that the certified transcript of the hearing on a manufacturer’s motion for summary judgment, which was presided over by the same judge who made the ruling, accurately depicted what had occurred because the certification of the transcript met the requirements of O.C.G.A. § 15-14-5. Udoinyion v. Michelin N. Am., Inc., 313 Ga. App. 248, 721 S.E.2d 190 (2011). Exclusion of court reporter’s audio recording of plea hearing. - Trial court did not abuse its discretion in excluding the court reporter’s audio recording of the plea hearing because the defendant did not attempt to supplement the transcript using the proper procedures; the trial court did not err in considering the audio recording to be irrelevant as the court well recalled the hearing and the persons affected during the hearing; and, while the defendant contended that the emotion that was exhibited during the hearing was due to being pressured to plead guilty, the defendant did not suggest that the recording of the hearing contained any characteristic that revealed the reason for the emotions displayed, and thus failed to show why the true, complete, and correct record of the plea hearing needed to be supplemented. DeToma v. State, 296 Ga. 90, 765 S.E.2d 596 (2014). Cited in Estep v. State, 129 Ga. App. 909, 201 S.E.2d 809 (1973); Reed v. State, 130 Ga. App. 659, 204 S.E.2d 335 (1974).

OPINIONS OF THE ATTORNEY GENERAL If reporter dies before completing transcript, another reporter may make the transcript and certify the transcript;

such a transcript would be subject to the judge’s power of correction. 1973 Op. Att’y Gen. No. U73-107.

RESEARCH REFERENCES C.J.S. - 77 C.J.S., Reports, § 6 et seq. ALR. - Right to have reporter’s notes read to jury, 50 ALR2d 176.

Court reporter’s death or disability prior to transcribing notes as grounds for reversal or new trial, 57 ALR4th 1049.