Section 5. Administration of Courts of Record Generally, 15-5-1 through 15-5-100.
ARTICLE 2
JUDICIAL COUNCIL
15-5-21. Promulgation of rules for transcripts and court reporters' fees.
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The Judicial Council shall promulgate rules and regulations which shall:
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Provide for and set the fees to be charged by all official court reporters in this state for attending court, taking stenographic notes, and recording the evidence;
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Provide for and set the fees to be charged by all official court reporters in this state for furnishing transcripts of the evidence and for other proceedings furnished by the official court reporters in all civil and criminal cases in this state;
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Provide for a minimum per diem fee for official court reporters, which fee may be supplemented by the various counties within the circuits to which the court reporters are assigned; and
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Provide for the form and style of the transcripts, which shall be uniform throughout the state.
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The Judicial Council shall amend its rules and regulations providing for and setting the fees to be charged by all official court reporters whenever the council shall deem it necessary and proper.
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This Code section shall not apply to those court reporters taking and furnishing transcripts of depositions or taking and furnishing transcripts of nonjudicial functions, nor to any independent contracts of any reporters.
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A rule or regulation promulgated by the Judicial Council pursuant to this Code section shall not become effective unless that council provides to the chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Judiciary, Non-civil Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, and the chairperson of the Special Judiciary Committee of the Senate, at least 30 days prior to the date that the council intends to adopt such rule or regulation, written notice which includes an exact copy of the proposed rule or regulation and the intended date of its adoption. After July 1, 1986, no rule or regulation adopted by the Judicial Council pursuant to this Code section shall be valid unless adopted in conformity with this subsection. A proceeding to contest any rule or regulation on the grounds of noncompliance with this subsection must be commenced within two years from the effective date of the rule or regulation.
(Ga. L. 1975, p. 852, §§ 1, 2; Ga. L. 1986, p. 956, § 1; Ga. L. 1988, p. 13, § 15; Ga. L. 2009, p. 303, § 19/HB 117; Ga. L. 2010, p. 878, § 15/HB 1387.)
Cross references.
- Preparation of transcripts of evidence and proceedings for purposes of bringing appeal,
§
5-6-41.
Compensation of court reporter in cases before an auditor,
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9-7-23.
Court reporters generally,
§
15-14-1 et seq.
Editor's notes.
- Ga. L. 2009, p. 303,
§
20/HB 177, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."
JUDICIAL DECISIONS
Cited in
Holloway v. State, 178 Ga. App. 141, 342 S.E.2d 363 (1986).
OPINIONS OF THE ATTORNEY GENERAL
Supplement to minimum per diem.
- Judicial Council has authority to promulgate rules and regulations which would allow local governing authorities to pay a supplement in addition to the minimum per diem otherwise provided. 1976 Op. Att'y Gen. No. U76-11.
Effect of section on prior local laws and general laws of local application.
- Prior local laws and general laws of local application which provided that a court reporter could charge a party or attorney for that party a fee different from those fees authorized by rules and regulations of the Judicial Council under authority of this section are repealed by implication to the extent that conflicts exist; however, to the extent that such local laws and general laws of local application provide for extraordinary compensation to court reporters to be paid by governmental units, those laws are valid. 1976 Op. Att'y Gen. No. U76-11.
