Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 5. DISTRICT COURTS · Part 6. Court Reporters
Montana Code Annotated

Mont. Code Ann. § 3-5-604 (2026)

Court Reporters -- Transcript Of District Court Proceedings -- Costs

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 5
  4. Part 6
  5. 3-5-604 Court reporters -- transcript of district court proceedings -- costs

TITLE 3. JUDICIARY, COURTS

CHAPTER 5. DISTRICT COURTS

Part 6. Court Reporters

Court Reporters -- Transcript Of District Court Proceedings -- Costs

3-5-604. Court reporters -- transcript of district court proceedings -- costs. (1) When a transcript of the testimony and proceedings of a trial or hearing or a part of a trial or hearing is requested, a court reporter shall furnish the transcript to the requester with all reasonable diligence. The court reporter shall submit an invoice with the transcript when it is furnished. The court reporter may withhold delivery of the transcript until the transcription fee is paid or satisfactory arrangement for payment is made.

(2) Compensation for transcripts under this section is as follows:

(a) (i) Ordinary transcript - $2 per page for the original furnished to a state or local government agency, $2.50 per page for the original furnished to any other party, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(ii) Expedited transcript - $4 per page for the original, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(iii) Daily transcript - $5 per page for the original, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(b) (i) The transcript cost is subject to a cost-of-living adjustment as provided in subsection (2)(b)(ii).

(ii) Prior to June 30 of each even-numbered year, the office of the court administrator shall determine whether an increase of the transcript amount specified in subsections (2)(a)(i) through (2)(a)(iii) must be made based on the increase, if any, from June of the preceding year to May of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor.

(iii) The transcript amount established under subsection (2)(b)(ii) must be rounded to the nearest 5 cents and becomes effective as the new transcript cost, replacing the costs specified in subsections (2)(a)(i) through (2)(a)(iii), on July 1 of the year following the year the calculation was made. The office of the court administrator shall publish the adjusted costs on the judicial branch website prior to July 1 of each year.

(3) If the court reporter is not entitled to retain transcription fees under 3-5-601, the transcription fees required by subsection (2) must be paid to the clerk of district court, who shall forward the amount to the department of revenue for deposit in the state general fund.

(4) (a) If the county attorney, attorney general, or judge requires a transcript in a criminal case, the reporter shall furnish it. The transcription fee must be paid by the office of court administrator as provided in 3-5-901. The office of the court administrator may pay only for ordinary transcripts and may not pay for daily or expedited transcripts.

(b) If the judge requires a copy in a civil case to assist in rendering a decision, the reporter shall furnish the copy without charge.

(c) In civil cases, all transcripts required by the county must be furnished and must be paid for by the county pursuant to subsection (2).

(5) (a) If a public defender, as defined in 47-1-103, requests a transcript, the transcript must be furnished to the public defender and paid for by the office of state public defender, as provided in 47-1-119.

(b) If an indigent party is eligible for a public defender but is acting pro se and requests a transcript, the transcript must be furnished to the party and paid for by the office of court administrator, as provided in 3-5-901.

(6) As used in this section, the following definitions apply:

(a) "Copy" means any replication of the original transcript regardless of the medium.

(b) "Daily transcript" means a transcript of all or part of the proceedings to be delivered the following day.

(c) "Expedited transcript" means a transcript of all or part of the proceedings to be delivered within 7 calendar days.

(d) "Ordinary transcript" means a transcript of all or part of the proceedings.

History: En. Sec. 373, C. Civ. Proc. 1895; re-en. Sec. 6376, Rev. C. 1907; re-en. Sec. 8931, R.C.M. 1921; re-en. Sec. 8931, R.C.M. 1935; amd. Sec. 4, Ch. 22, L. 1961; amd. Sec. 1, Ch. 163, L. 1963; amd. Sec. 44, Ch. 344, L. 1977; R.C.M. 1947, 93-1904; amd. Sec. 1, Ch. 295, L. 1981; amd. Sec. 3, Ch. 156, L. 1983; amd. Sec. 5, Ch. 680, L. 1985; amd. Sec. 7, Ch. 1, Sp. L. 1985; amd. Sec. 2, Ch. 704, L. 1991; amd. Sec. 1, Ch. 394, L. 1999; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 16, Ch. 585, L. 2001; amd. Sec. 2, Ch. 583, L. 2003; amd. Sec. 1, Ch. 254, L. 2005; amd. Sec. 18, Ch. 449, L. 2005; amd. Sec. 1, Ch. 154, L. 2009; amd. Sec. 5, Ch. 358, L. 2017.

Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 1988–2026 · leading case: State v. Forsyth, 761 P.2d 363 (Mont. 1988).
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State v. Forsyth, 761 P.2d 363 (Mont. 1988). · cites it 6× “Section 3-5-604, MCA, provides that in a criminal case where the defendant is unable to pay for a transcript, it shall be furnished to him and paid for by the state.”
Bd. of Cnty. Commissioners v. Montana First Jud. Dist. Court, 2000 MT 258 (Mont. 2000). · cites it 4× “See § 3-5-604, MCA. As Judge Olson found, charging for these transcripts is a matter controlled by statute.”
S. Johnson v. 12th Jud. Dist. (Mont. 2022). · cites it 5× “Section 3-5-604, MCA. Thus, there is no action in the District Court over which to take control.”
Marriage of Williams (Mont. 2024). · cites it 5× “Pursuant to § 3-5-604(1), MCA, "a court reporter shall furnish the transcript to the requester with all reasonable diligence.”
State v. M. Albert (Mont. 2021). · cites it 3× “Section 3-5-604, MCA;M.R. App.P. 8(3). Only filing fees are waived for an incarcerated individual, such as Albert.”
Marriage of Burgard & Jacobsen (Mont. 2024). · cites it 3× “Section 3-5-604(1), MCA. Therefore, IT IS ORDERED that Jacobsen's Motion for an Extension of Time is GRANTED and Jacobsen shall prepare, file, and serve her opening brief on or before February 28, 2025.”
Marriage of Anderson, 2002 MT 314N (Mont. 2002). · cites it 5× “Section 3-5-604(5), MCA, provides: If it appears to the judge that a defendant in a criminal case or a parent or guardian in a proceeding brought pursuant to Title 41, chapter 3, part 4 or 6, is unable to pay for a transcript, it must be furnished to the party and paid for by…”
Richards v. Short, 2014 MT 298N (Mont. 2014). · cites it 5× “” Section 3-5-604(1), MCA. The District Court did not err by refusing to waive the transcription fee.”
Est. of Friese v. Ford (Mont. 2023). · cites it 2× “5(5); § 3-5-604, MCA. Moreover, it is not readily apparent from the order on appeal whether the Pondera County District Court held a hearing during the proceedings from which a transcript would be produced.”
In Re the Adoption of X.K.D. (Mont. 2025). · cites it 2× “5(5); § 3-5-604, MCA. Unfortunately, there is no provision in Montana law that allows transcripts to be provided in a civil matter such as this one at no cost to any appellant.”
Warwood v. Florer, 2026 MT 44N (Mont. 2026). · cites it 2× “§6 Eventhough Florer was allowed to proceed without paying the filing fee, this waiver does not include the costs of paying the court reporter to prepare the transcripts on appeal.”
Matter of Rules for Pub. Access T (Mont. 2006). · cites it 2× “See § 3-5-604, MCA. Fees for bulk access pursuant to section 4.”
Show all 19 citing cases →
— Mont. Code Ann. § 3-5-604(1) — 3 cases
Marriage of Williams (Mont. 2024). “Pursuant to § 3-5-604(1), MCA, "a court reporter shall furnish the transcript to the requester with all reasonable diligence.”
Marriage of Burgard & Jacobsen (Mont. 2024). “Section 3-5-604(1), MCA. Therefore, IT IS ORDERED that Jacobsen's Motion for an Extension of Time is GRANTED and Jacobsen shall prepare, file, and serve her opening brief on or before February 28, 2025.”
Richards v. Short, 2014 MT 298N (Mont. 2014). “” Section 3-5-604(1), MCA. The District Court did not err by refusing to waive the transcription fee.”
— Mont. Code Ann. § 3-5-604(4) — 1 case
Richards v. Short, 2014 MT 298N (Mont. 2014). “” Section 3-5-604(1), MCA. The District Court did not err by refusing to waive the transcription fee.”
— Mont. Code Ann. § 3-5-604(5) — 1 case
Marriage of Anderson, 2002 MT 314N (Mont. 2002). “Section 3-5-604(5), MCA, provides: If it appears to the judge that a defendant in a criminal case or a parent or guardian in a proceeding brought pursuant to Title 41, chapter 3, part 4 or 6, is unable to pay for a transcript, it must be furnished to the party and paid for by…”
— Mont. Code Ann. § 3-5-604(5)(b) — 1 case
S. Johnson v. 12th Jud. Dist. (Mont. 2022). “Section 3-5-604, MCA. Thus, there is no action in the District Court over which to take control.”
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