Title 5, Chapter 6, Section 41
( 5-6-41)
(a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law. (b) In all misdemeanor cases, the trial judge may, in the judge's
discretion, require the reporting and transcribing of the evidence
and proceedings by a court reporter on terms prescribed by the trial
judge. (c) In all civil cases tried in the superior and city courts and in
any other court, the judgments of which are subject to review by the
Supreme Court or the Court of Appeals, the trial judge thereof may
require the parties to have the proceedings and evidence reported by
a court reporter, the costs thereof to be borne equally between
them; and, where an appeal is taken which draws in question the
transcript of the evidence and proceedings, it shall be the duty of
the appellant to have the transcript prepared at the appellant's
expense. Where it is determined that the parties, or either of
them, are financially unable to pay the costs of reporting or
transcribing, the judge may, in the judge's discretion, authorize
trial of the case unreported; and, when it becomes necessary for a
transcript of the evidence and proceedings to be prepared, it shall
be the duty of the moving party to prepare the transcript from
recollection or otherwise. (d) Where a trial in any civil or criminal case is reported by a
court reporter, all motions, colloquies, objections, rulings,
evidence, whether admitted or stricken on objection or otherwise,
copies or summaries of all documentary evidence, the charge of the
court, and all other proceedings which may be called in question on
appeal or other posttrial procedure shall be reported; and, where
the report is transcribed, all such matters shall be included in the
written transcript, it being the intention of this article that all
these matters appear in the record. Where matters occur which were
not reported, such as objections to oral argument, misconduct of the
jury, or other like instances, the court, upon motion of either
party, shall require that a transcript of these matters be made and
included as a part of the record. The transcript of proceedings
shall not be reduced to narrative form unless by agreement of
counsel; but, where the trial is not reported or the transcript of
the proceedings for any other reason is not available and the
evidence is prepared from recollection, it may be prepared in
narrative form. (e) Where a civil or criminal trial is reported by a court reporter and the evidence and proceedings are transcribed, the reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge. (f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal. (g) Where a trial is not reported as referred to in subsections (b)
and (c) of this Code section or where for any other reason the
transcript of the proceedings is not obtainable and a transcript of
evidence and proceedings is prepared from recollection, the
agreement of the parties thereto or their counsel, entered thereon,
shall entitle such transcript to be filed as a part of the record in
the same manner and with the same binding effect as a transcript
filed by the court reporter as referred to in subsection (e) of this
Code section. In case of the inability of the parties to agree as
to the correctness of such transcript, the decision of the trial
judge thereon shall be final and not subject to review; and, if the
trial judge is unable to recall what transpired, the judge shall
enter an order stating that fact. (h) Where any amendment or other pleading or paper which requires
approval or sanction of the court in any proceeding before being
filed of record is disallowed or sanction thereof is refused, the
amendment, pleading, or paper may nevertheless be filed, with
notation of disallowance thereon, and shall become part of the
record for purposes of consideration on appeal or other procedure
for review. (i) In lieu of sending up a transcript of record, the parties may by
agreement file a stipulation of the case showing how the questions
arose and were decided in the trial court, together with a
sufficient statement of facts to enable the appellate court to pass
upon the questions presented therein. Before being transmitted to
the appellate court, the stipulation shall be approved by the trial
judge or the presiding judge of the court where the case is pending. (j) In all cases, civil or criminal, any party may as a matter of
right have the case reported at the party's own expense. |