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Shorthand reporters :a digest of statute 




3 1924 020 168 849 




Cornell University 
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SHORTHAND 
REPORTERS 



A Digest of Statutes and Legal Decisions Relating to Offi- 
cial Stenographers and Their Reports 



Being a thorough and concise compilation of all the general laws, and 

important special laws, of the various states and territories of the 

United States, relating to the appointment, rights, duties and 

compensation of OflBcial Stenographers; together with a 

reference to such legal decisions as have been 

handed down by the courts of last resort in 

the United States touching that subject 

matter, with chapters on the 

status, force and eSect of 

the reports made by 

such reporters. 



Second Edition, 1916 



Published By the 

National Shorthand Reporters' Association 



Edited by Gordon L. Elliott 

Attomey-at-Law and Shorthand Reporter 

Des Moines, Iowa 



Copyright, IDlff, by 
National Shorthand Reporters' Association. 



PREFACE 



A little to one side you mil see a silent man sitting at a little 
table, loith pen in hand, who follows each spoken word with swift 
and noiseless movements, recording impartially the words of 
wisdom, wit and folly which follow each other in rapid succession. 
Witnesses come and go, lawyers question and cross-question, 
object and argue, the Court quietly announces his rulings, one 
case is ended and another begins; and through it all the silent 
man writes, writes, writes, unceasingly and with unslacTcened 
speed. Few of those who looh upon him, realise that they are 
beholding as near an approach to a miracle as unaided human 
hands and brains have thus far accomplished. 

—CHARLES CURRIER BEALE. 

The first edition of this book was published in 1906 by the National 
Shorthand Reporters' Association, the editorial work being in charge of Mr. 
Charles P. Roberts, an attorney-at-law and official stenographer of New 
Haven, Conn. 

The general plan of the first edition has been followed in the second, 
the digest classification used being practically the same. The entire work, 
however, has been carefully revised and brought down to date. The statutes 
have been set out more fully, and the exact language given where prac- 
ticable. In the digest of cases, the year of each opinion has been added, 
and the National Reporter System citation is shown, where there is such 
citation. A table of all cases digested is shown at the end of the book. 

Attention is directed to the fact that the cases digested must be read 
in the light of the statutes exising in the particular jurisdictions when the 
questions arose, and dates of the opinions and of many of the statutes 
have been inserted as an aid to such reading. Apparent conflicting opinions 
from the same state can, in nearly every instance, be accounted for by a change 
of statute in the interim between such opinions. The law on the subject 
is almost entirely a matter of statutory construction, and the value of this 
work will be found to be largely that of affording a ready reference to cases 
and statutes to determine whether the facts and the law upon which any 
given opinion was rendered are similar to those involved in any matter 
which may hereafter come up in the courts for decision. 

The material contained in the present volume has been carefully checked 
and compared, and every effort made to secure accuracy. 

The editor is indebted not only to numerous members of the association 
for assistance in preparing and checking the material used, but to members 
of the bar in several states, and to the Lawyers' Co-Operative Publishing 
Co., of Rochester, N. Y., West Publishing Co., of St. Paul, Minn., Vernon 
Law Book Co., of Kansas City, Mo., and the American Law Book Company of 
New York City, for valuable hints, and for permission to use material from 
their publications. 

The citations have been brought down to and include cases digested in 
the September, 1915, advance sheets of the American Digest. 

GORDON L. ELLIOTT. 

Des Moines, Iowa, December 21, 1915. 



TABLE OF CONTENTS 



PART I— Statutes. 

Page 

Alabama 1 

Alaska 4 

Arizona 4 

Arkansas 7 

California 10 

Canada (Appendix) 174 

Colorado 14 

Connecticut 16 

Delaware 19 

District of Columbia 20 

Florida 21 

Georgia 22 

Hawaii 24 

Idaho 25 

Illinois 30 

Indiana ■. 32 

Iowa 34 

Kansas 38 

Kentucky 42 

Louisiana ; 46 

Maine 50 

Maryland 64 

Massachusetts 58 

Michigan 61 

Minnesota 67 

Mississippi 73 

Missouri 78 

Montana 86 

Nebraska 88 

Nevada 90 

New Hampshire 92 

New Jersey 93 

New Mexico 98 

New York 101 

North Carolina 120 

North Dakota 122 

Ohio 124 

Oklahoma 127 

Oregon 130 

Pennsylvania , 133 

Philippine Islands 139 

Porto Rico 140 

Rhode Island 142 

South Carolina 145 

South Dakota 147 

Tennessee 148 

Texas 149 

United States 154 

Utah 155 

Vermont • ( 160 

Virginia 162 

Washington i 162 

V 



Page 

West Virginia 165 

Wisconsin •■ •1°'^ 

Wyoming 172 



, PART II — Decisions. 

1 — Status. 

A Stenographers 177 

B Notes, Transcripts, etc 178 

2 — Constitutionality of Statutes. 

A Statutes Held Constitutional 180 

B Statutes Held Unconstitutional 181 

3 — ^Appointment and Qualifications. 

A Who May be Appointed 183 

B Power to Appoint in General 183 

Power of Admiralty Courts to Appoint 184 

D Appointment in Criminal Cases 185 

E Review of Action of Judge Refusing to Appoint 185 

F Stenographers Before Grand Jury 186 

G Necessity for Oath 188 

4 — ^Removal. 

A In General 189 



5 — Duties. 



A Attendance Upon Court 190 

B Reporting Testimony 190 

C Furnishing Transcripts 192 

D Filing Transcript of Notes 193 

B Making of Transcripts .' 195 

F Reading of Notes 196 

G Presumptions 197 



6 — Compensation. 

A Amount. 



1. Limited to Sum Allowed by Statute 198 

2. Construction of Statutes as to 199 

3. In Absence of Statute 201 

4. When Fixed by Court 203 

5. In General 203 

6. Per Diem 203 

7. For Furnishing Transcripts 204 

8. Mileage, When Allowed 204 

9. Facts Considered in Determining 205 

10. EfEect of Custom Upon 206 

vi 



Page 

B Right to Perform and Charge for Outside Services 207 

C Right to Demand Payment in Advance , 207 

D Liability of Parties for Fees 209 

B Liability of Attorneys for Pees 213 

F Liability of Public Bodies for Fees 213 

G For Services Before Coroners 214 

H Transcripts at Expense of County or State 215 

I Free Transcripts 218 

J Taxation of Fees, When Allowed. 

1. In General 219 

2. For Transcripts Required by Court for Its Own Use. .221 

3. For Transcripts for Party's Own Use 222 

4. As Necessary Disbursements 222 

5. Pro Rata 224 

K Taxation of Fees, When not Allowed. 

1. In General 224 

2. For Transcripts Required by Court for Its own Use. .226 

3. For Transcripts for Party's Own Use 227 

4. As Necessary Disbursements 228 

5. In Criminal Cases 230 

li Review of Action of Court as to Fees 230 

M Right of Court to Compel Payment of Fees 231 

N Mandamus to Compel Payment of Fees 232 



7 — Bill of Exceptions. 

A Notes When Not a Bill of Exceptions 234 

B Notes as Bill of Exceptions 239 

C Preparation of Bill of Exceptions 242 

D Bill of Exceptions Should be in Condensed Form 247 

E Party Cannot be Compelled to Incorporate Transcript in 

Bill of Exceptions 250 

F Filing of Transcript a Necessary Precedent 251 



8 — Certificates. 

A Necessity for Certificate 254 

B Sufficiency of Certification 255 

C Time for Certifying 261 



9 — ^Notes as Evidence. 

A When Admissible 262 

B Inadmissibility •. 272 

Reading of Notes 276 

D Receivable Only Upon Showing Impossibility of Procuring At- 
tendance of Witness 281 

E Admissible Though Stenographer Has no Independent Recol- 
lection 285 

P Evidence to Contradict Notes Admissible 286 

C Notes as Best Evidence 287 

vii 



Page 

H Receivable as Depositions 289 

I Effect of Erroneous Admission 291 

10 — Eights and Duties as Witnesses. 

A Should be Sworn 292 

B Testifying from Notes 292 

C Right to Consult Notes 294 

11— New Trials. 

A In General 295 

B When Party is Deprived of Transcript 296 

C For Error in Minutes 298 

12 — ^Personal Rights of Stenographers. 

A Exemption of Salary from Execution 299 

B Copyright 299 

Taxation 299 

D Combinations 299 

E Miscellaneous 299 

13— Power of Courts. 

A To Compel Performance of Duties by Stenographer 300 

B To Correct Minutes 301 

C To Fix Compensation 303 

D To Refuse to Stop Witness so That Counsel Can Take Notes. .303 
E To Compel County to Pay for Transcript for Defendant in 

a Criminal Case 303 

P To Compel Payment of Fees 304 

G To Compel Furnishing of Transcript 304 

PART III. 
Table of Cases Digested 307 



vW 



PART I— STATUTES 
ALABAMA 

CIRCUIT COURTS. 

Appointment — Qualifications — Term — Removai. That each of the judges 
of the circuit court of this State is hereby authorized and directed to appoint 
a competent shorthand writer to perform the duties of official court reporter 
of their several circuits, not otherwise provided with an official court report- 
er, but no two or more judges shall appoint the same court reporter; that 
no person shall be appointed official or special reporter under the provisions 
of this act who is not able to correctly report in shorthand the proceedings 
in all trials as the same may occur, and neatly and expeditiously transcribe 
on the typewriter testimony taken by him; said official reporter shaU be an 
officer of the court and within his circuit shall have the power to administer 
oaths and he shall hold office for the term of the judge appointing him but 
be subject to removal at any time at the pleasure of the judge. (Ala. Gen. 
Laws. 1915, § 1.) 

Note: Act of 1915 (Joes not become effective until first Monday after sec- 
ond Tuesday in January, 1917. All laws in conflict with its provisions are 
by its terms expressly repealed. 

Until Act of 1915 becomes effective circuit court reporters are generally 
governed by Act of 1909, page 263, providing a salary of $1,200 per annum 
and a transcript fee of five cents per folio. 

There are various local acts also effective until January, 1917. The legis- 
lature of 1915 abolished all chancery, law and equity, and city courts, and 
placed the judiciary of the state under the circuit judges. A bill providing 
for the recircuiting of the state, passed by the legislature, was vetoed by 
the governor. 

Duties — Transcript Fees. It shall be the duty of such official court 
reporter to attend the sessions of the courts of the circuits of which he is 
official reporter in person except as herein otherwise provided, and to take 
full stenographic notes of the oral testimony and proceedings except argu- 
ments of counsel, in every case in such courts as the presiding judge shall 
direct or any party thereto may request to be reported, and must also note 
the order in which all documentar-y evidence is introduced; all objections 
and rulings of the court thereon and exceptions which may be reserved 
thereto. The original notes taken by such official court reporter shall be 
preserved by him and shall be treated as a part of the records of said court 
and on his retirement from office shall be turned over to the respective 
clerks of the courts. He shall, when directed by the presiding judge, attend 
the grand jury in its Investigations and take notes of the testimony before 
it as may be directed by the solicitor or foreman, which notes shall be filed 
with the clerk of the court where taken; he shall furnish within thirty days 
or such other time as the judge of the court may prescribe to any party 
to a cause reported by him demanding the same a typewritten transcript 
of his notes or any part thereof except proceedings in the grand jury upon 
the payment of a transcript fee of ten cents for each 100 words thereof, and 
for each additional copy to be made at the same time five cents for each 
100 words thereof; that in all cases where directed by the presiding judge 
such official court reporter shall furnish one typewritten copy of the testi- 
mony and proceedings to be filed with the clerk of the court. He shall also 
in every case reported, unless otherwise directed by the court, within the 



Ala. SHORTHAND EEPOETEES 

time above provided, file with the clerk a typewritten copy of the oral charge 
delivered by the judge to the jury on the trial of the cause, no charges to be 
made for such copy. (Id., § 2.) 

Substitute. Should the official reporter herein provided for on account 
of sickness or other cause, be unable to report the testimony of any trial 
as provided in this act, the judge of the court shall have authority to appoint 
a special reporter to serve until the official reporter can resume his duties 
in such court, the compensation of such special reporter to be the same and 
paid in like manner as herein provided for official reporters; provided, that 
in circuits having two judges or more the stenographer appointed shall, 
when not otherwise engaged in the discharge of his official duties, be sub- 
ject to the direction of any judge of such circuit, it being the intention and 
purpose of this provision to avoid the necessity of appointing a special 
reporter whenever any regular reporter of the circuit is available. (Id., 
§3.) 

Taxable Fee. That in all cases reported by any official reporter or spe- 
cial reporter, there shall be taxed as a part of the costs of the case a fee of 
fi.ve dollars for each day or fraction thereof that such reporter shall be 
engaged In reporting a case, to be collected as in other cases, and when 
collected paid by the clerk into the county treasury of the county in which 
the case is tried (Id., § 4.) 

Salary, How Paid. That such official reporter shall receive a salary of 
twelve hundred dollars per year, payable in monthly installments by the 
counties composing the circuits, each county to pay its pro rata of such 
salary based upon the assessed taxed valuation of all property of such 
county for the preceding year; such payment to be made on certificates 
issued by the judge of the court in favor of such official reporter for the 
respective amounts due by the several counties each month, the same to be 
paid by the treasurer of each county out of the general funds thereof on 
presentation in the same manner as juror's certificates are now paid. (Id., 
15.) 

Oath, That before any official or special reporter shall enter upon the 
duties of his office he must subscribe to an oath to support the Constitution 
and laws of the State of Alabama and to faithfully perform all the duties 
of such office. (Id., § 6.) 

Supplies. That all stationery and supplies to be used by such official 
or special reporters in their capacity as such shall be furnished and paid 
for by the county or counties composing the respective circuits in the man- 
ner provided for the payment of the salaries of such official and special 
reporters on requisition signed and approved by the judge of the court. 
(Id., § 7.) 

Penalty for Overcharge. Any official or special reporter who charges 
more than the fees herein specified for making any transcript, shall be 
guilty of a misdemeanor, and upon such fact being made known to the 
judge appointing such official or special reporter shall be promptly removed. 
(Id., § 8.) 

Certain Circuits. In circuits having three circuit judges, each judge 
shall appoint one competent court reporter, each of such court reporters 
shall receive a salary of $175.00 per month, to be paid by the county as 
provided for in this act as to other counties, and each and every provision 
of this act not in confiict with this section shall apply to such reporters. 
This salary shall be the only compensation to which such reporters shall 
be entitled to receive for any and all services rendered by this act. The 
fees to which said reporters would be entitled shall be charged by the clerk 



STATOTES Ala. 

or register of the court and shall be collected by him and paid into the 
treasury of the county. The idea and intention hereof being to pay such 
reporter said salary and have the fees allowed herein charged and collected 
by the clerk or register and paid into the county treasury. (Id., § 9.) 

Note: This section will apply to the 13th circuit, containing the counties 
of Baldwin, Washington and Mobile. 

Certain Circuits — Criminal Divisions. In judicial circuits having more 
than five judges, the judge or judges of criminal divisions of such courts 
are hereby authorized to each appoint and designate a competent court 
reporter to report the proceedings of any case pending in their respective 
divisions, when the presiding judge of such division shall deem it necessary 
or proper to have such cases reported. The reporter so designated shall 
receive $5.00 per day for his services while actually engaged in reporting 
the proceedings and shall receive ten cents per 100 words for the transcript 
when the judge or solicitor desires a copy of such transcript; said amounts 
to be paid out of the county treasury upon the certificate of the judge that 
the amount is correct. (Id., § 10.) 

Note: This section will apply to the 10th circuit, Jefferson county, with 
ten judges. § 12% of the act reads: "This act shall not apply to circuits 
having Ave or more judges except as to special reporters as provided for in 
§ 10." 



ALASKA 

DISTRICT COURTS. 

Appointment. Each of the judges shall have authority to employ an 
official stenographer at such compensation as shall be fixed by the Attorney 
General. (Comp. Laws, 1913, §363.) 

Note: The Comptroller of the Treasury In a decision of date Deo. 8, 1914 
(see National Shorthand Reporter, Jan., 1915), held that the resignation of a 
judge of the District Court of Alaska did not ipso facto terminate the appoint- 
ment of the court stenographer made by such judge, but that said stenogra- 
pher was entitled to hold said position until his resignation, death, or dis- 
missal, or until he was superseded by a new appointee. 



ARIZONA 

SUPERIOR COURTS. 

Appointment — Term. The judge of the superior court and each division 
thereof in each county in the state shall appoint a court reporter, who shall 
be a ministerial officer of the court, and who shall hold his office during the 
pleasure of the judge appointing him. (Rev. Stats. 1913, Civil Code, §619. 
Acts of 1912, Ch. 94, § 1.) 

Oath. Before entering upon his duties, such court reporter shall take 
and subscribe to the official oath prescribed by law, which oath shall be 
administered by the judge of said court. (Id. § 620; Id., § 2.) 

Quallfications^Examination — Certificate. No person shall be appointed 
court reporter of the superior court nor of any division thereof until he has 
been examined as to his competency by a committee of at least three mem- 
bers of the bar practicing in said court, to be designated by the judge there- 
of; and has written in the presence of such committee at the rate of not 
less than one hundred fifty words a minute for five consecutive minutes upon 
matter not previously written or known to him; and has immediately there- 
after and in the presence of the committee read back from his notes the 
matter so read to him; and has, within twenty-four hours thereafter, deliv- 
ered to said committee an accurate transcript thereof. If the applicant 
pass such examination, the committee shall make a certificate to that effect, 
showing the number of words per minute so written and transcribed, to 
which certificate shall be attached the matter so read to the applicant, or a 
copy thereof, and also the original notes and transcript of the same made 
by the applicant upon such examination, and file the same in the office of 
the clerk of said court. (Id., § 621; Id., § 3.) 

Duties. It shall be the duty of said court reporter to be in attendance 
upon said court during the hearing of all matters before it, unless excused 
therefrom by the judge of said court, and he shall make stenographic notes 
of all oral proceedings had upon the hearing of all matters before the court; 
but, unless requested by the court or counsel so to do, he shall not be 
required to make stenographic notes of arguments of counsel to a jury, nor 
of argument of counsel to the court in the absence of a jury. Upon the 
payment or tender to him of the fees hereinafter prescribed, it shall be the 
duty of such reporter to furnish, without unnecessary delay, to any person 



STATUTES Ariz. 

who may request the same, a typewritten transcript of all or any part of 
the proceedings so reported by him in any matter in said court, and upon 
request so to do he shall certify that such transcript is a correct and com- 
plete statement of such proceedings. (Id., §622; Id., §4.) 

Same — Charge of Court. After the evidence is closed and before the 
commencement of the argument, the court shall charge the jury. The charge 
shall be taken down by the court reporter, and at the request of either 
party shall be written out, signed by the judge, and filed with the clerk. II 
the court reporter be not present, the charge shall be in writing, unless 
waived, and signed by the judge. (Id., § 514.) 

Compensation. The court reporters of the superior courts, and the 
divisions thereof, in the counties of Maricopa, Pima, Yavapai, Gila and 
Cochise, shall each receive a salary of two thousand dollars per annum, and 
in the counties of Greenlee, Coconino, Apache, Navajo, Santa Cruz, Yuma, 
Pinal, Graham and Mojave, the salaries of said court reporters shall be 
fixed by the judges of said superior courts, which salary shall be approved 
by the board of county supervisors of each of said counties. The salaries 
of court reporters shall be paid semi-monthly by the respective counties in 
which they are appointed. Such reporters shall also receive, for transcrib- 
ing shorthand notes, fifteen cents per folio of one hundred words for the 
first copy, and five cents per folio for each carbon copy thereof, if ordered 
at the same time as the first copy, and by the person requesting the first 
copy. The reporter, when requested in advance, shall furnish to the county 
attorney, or the attorney general of the state, free of charge, a copy of the 
transcript of testimony in every instance where a transcript is made on an 
appeal taken in a criminal case, and to the attorney general when the state 
is a party. (Id., § 623; Id., § 5.) 

Assistants. The reporter may employ such deputies or assistants as he 
may deem necessary for the efficient conduct of his office, and such dep- 
uties or assistanta shall be compensated by him. (Id., § 624; Id., § 6.) 

Suppiies Furnished. The necessary supplies for the conduct of the 
office of court reporter shall be furnished by the county in which he holds 
his office. (Id., §625; Id., §7.) 

To Assist County Attorney in Certain Counties. The court reporters 
of the counties of Greenlee, Coconino, Apache, Navajo, Santa Cruz, Yuma, 
Pinal, Graham and Mojave shall, with the consent of the judge, when re- 
quested by the county attorney of said counties so to do, render stenographic 
services, without charge, exclusive of transcripts of, or work in, the superior 
and other courts. (Id., § 6'26; Id., § 8.) 

PRELIMINARY HEARINGS. 

Appointment — How Taken — Compensation. The examination of wit- 
nesses shall be oral, and neither their testimony nor that of the defendant 
shall be reduced to writing except as otherwise provided in this section. 
The testimony of each witness, in cases of homicide, must be reduced to 
writing, as a deposition, by the magistrate, or under his direction; and in 
other cases upon the demand of the county attorney. The magistrate before 
whom the examination is had, shall, upon the demand of the county attor- 
ney, order the testimony taken down in shorthand, in all the examinations 
herein mentioned, and for that purpose he may appoint a shorthand reporter, 
the deposition or testimony of the witnessesi must be authenticated in ths 
following form: 

5 



Ariz. SHOETHAND EEPOETBBS 

1. It must state the name of the witness, his place of residence, and 
his business -or profession. 

2. It must contain the questions put to the witness, and his answers 
thereto, each answer being distinctly read to him as it is taken down, and 
being corrected or added to until it conforms to what he declares to be the 
truth; except where the testimony is taken down in shorthajid, when the 
answer or answers of the witness need not be read to him. 

3. If a question put be objected to on either side and overruled, or the 
witness declines answering it, that fact, with the ground on which the ques- 
tion was overruled or the answer declined must be stated. 

4. The deposition must be signed by the witness, or if he refuses to 
sign it, his reason for refusing must be stated in writing as he gives it; 
except in cases where the deposition is taken down in shorthand, when it 
need not be signed by the witness. 

5. It must be signed and certified by the magistrate when reduced to 
writing by him, or under his direction, and when taken down in shorthand, 

vthe transcript of the reporter appointed as aforesaid, when written out in 
longhand writing and certified as being a correct statement of such testi- 
mony and proceedings in the case, shall be prima facie a correct statement 
of such testimony and proceedings. The reporter shall, within ten days 
after the close of such examination (if the defendant be held to answer to 
the charge) transcribe into longhand writing such shorthand notes, and 
certify and file the same with the clerk of the superior court of the county 
in which the defendant was examined, and shall in all cases file hifi original 
notes with said clerk. 

6. The reporter's compensation shall be fixed by the magistrate before 
whom the examination is had and shall not exceed the sum of five dollars 
per day for each day actually attended upon such examination, and fifteen 
cents per folio for transcribing shorthand notes into longhand writing, to 
be allowed and paid as other county charges are allowed and paid. (Rev. 
Stats. 1913. Penal Code, §881; Laws of 1903, Ch. 25.) 



ARKANSAS 

CIRCUIT COURTS. 

Appointment — Qualifications — Term. The judge of each judicial court 
shall appoint a competent oflcial stenographer for his circuit, upon the peti- 
tion of a majority of the licensed resident lawyers of his circuit, which 
petition shall recommend some competent person who is a resident of the 
state. The ofl9.cial stenographer shall he a sworn oflBcer of the court, and 
his term of office shall end at the same time as that of the judge who 
appointed him, and he may be dismissed by the judge for Incompetency, 
neglect of duty or misbehavior. (Dig. of Stats. 1904, § 1329.) 

Duties. He shall attend all terms of the circuit court held within and 
for the circuit for which he is appointed, and upon the request of either 
party he shall make stenographic reports of all oral proceedings had in 
such court, including the testimony of witnesses with the questions to them, 
verbatim, the oral instructions of the court, and any further proceedings 
or matter, when directed by the presiding judge or upon the request of 
counsel so to do, and whenever any question arises as to the admissibility 
or rejection of evidence, and an argument is made to the court, such argu- 
ments shall not be recorded unless requested by counsel, but the objections 
to rulings thereon, and any exception taken by either party, or his counsel, 
to such rulings, shall be briefly noted. (Id., § 1330.) 

Transcripts. Within twenty days from the conclusion of the trial, or 
the time of demand if made after trial, a longhand or typewritten transcript 
with a caption showing the style of the case, its number and the court in 
which it was tried and when tried, shall be furnished by the stenographer, 
signed, certified and filed in the office of the clerk of the court. (Id., § 1331.) 

Notes to be Kept in Cleric's Office. The stenographic notes shall be 
kept in the office of the clerk of the court wherein the notes were taken, 
but the stenographer shall have the right to carry them from court to court 
within the judicial district for the purpose of transcribing the same for the 
use of the parties and of the court, in which case they shall be returned to 
the clerk after having been transcribed. (Id., § 1332.) 

Compensation. The stenographer shall receive $800 a year to be paid 
quarterly out of the stenographer's fund by the several counties composing 
the circuit in which he is appointed, in proportion to the population that 
each county bears to the population of the whole circuit as shown by the 
last federal census. Such salary to be adjusted by the presiding judge. (Id., 
§ 1333,) 

Coi lection of Fees as Costs. A stenographer's tax fee of $3.00 shall be 
taxed in each case in which a stenographer has served upon the request of 
either party, and the same shall be collected as costs and paid into the 
treasury of the county in which the case is tried, in the same manner as 
the jury tax is collected and paid in; and if either party demands a bill of 
exceptions, he shall be charged at the rate of five cents a folio for a tran- 
script, the same to be charged by the clerk and collected by the sheriff as 
costs and paid into the county treasury together with the tax fee of $3.00, 
as a stenographer's fund, which shall be kept as a separate fund. (Id., 
§ 1334.) 

Transcript to Persons Unable to Pay. No party shall in any case be 
denied a bill of exceptions on account of his inability to pay the stenog- 
rapher's tax fee and the fee for a transcript, when he makes affidavit that 
he has no property and is unable to pay for the same. (Id., § 1335.) 



Ark. 



SHORTHAND EEPOETEES 



Certificate to Transcript. The transcript of the stenographer mentioned 
in § 1334 shall be certified to by the stenographer and shall be taken as a 
part of the transcript and no clerk shall make any additional charge for the 
same other than the five cents a folio mentioned in that section. (Id., J 1336.) 

Limited to Circuit Courts. No court or judge except judges of circuit 
courts shall appoint a stenographer whose salary, costs, expenses or per 
diem, or any part thereof shall be paid by the state or county, or taxed as 
costs against any party in any proceeding either civil or criminal. (Id., 
S 1544.) 

Depositions. OfiScers and stenographers taking depositions shall pre- 
pare an original and two carbon copies of same at the time of transcribing 
for which service said officer shall be allowed a reasonable compensation to 
be fixed by the court and taxed as cost. The plaintiff and defendant shall 
each be furnished with one of these copies for their flies, and the original 
shall be filed and retained in the office of the clerk as herein set out. (Act* 
of 1915, Act No. 290, § 18.) 

Transcripts — Copies — Fee for. Upon the trial of any issue or motion 
in any section or special proceeding, the court may order all oral testimony 
to be taken down in shorthand by a stenographer, and said stenographer, 
whether he be the official court stenographer or one specially designated by 
the court for the purpose, shall transcribe his stenographic notes at the 
request of the court or counsel for either party, and when so transcribing 
said notes he is hereby required to make three copies, two of which may 
be carbons, of the proceedings so reported by him, of which the original 
copy shall, in case of an appeal, be delivered to appellant's counsel to be 
inserted in the original transcript as a part of the same and for which por- 
tion so inserted the clerk shall receive no pay. Another copy shall be 
delivered to appellant's counsel to be used in the bill of exceptions and filed 
in the clerk's office, while the third copy shall be kept on file in the clerk's 
office with the other papers in the case, which copy so filed shall, in cases 
in chancery, be treated as and have the same effect as depositions in the 
case taken in the regular manner. And in such cases, as well as in cases 
where depositions are taken in shorthand and transcribed by a stenographer, 
whether the stenographer is the officer taking said depositions or the party 
called to write and transcribe same as provided by law, the court shall 
allow a reasonable fee for such taking and transcribing and making said 
three copies, to be taxed as cost of suit. (Id., § 19.) 

Note: There are now eighteen judicial circuits in the state of Arkansas, 
and in sixteen of them special acts have been passed, as a rule following the 
wording of the general law, but increasing the salary of the stenographer. 
Such special acts are as follows: 



1 — Grand Jury — 

1— 

2 — Amended 

2 — Grand Jury — 

3 — Amended 



Date of Act. 


Salary. 


1915 


n.BOO.OO 


1909 


1,500.00 


1907 


1,500.00 


1913 


1,200.00 


1915 


1,800.00 and lOo 



6— 


1903 


6 — 1st Division — ^Amended 


1915 


«— 2nd 


1915 


6— 3rd 


1915 


8 — Amended 


1909 


9— 


1909 



per folio in all cases. 
1915 1,500.00 with 

12 %c per folio for orig. and 6o 
per folio for duplicate, said feea 
paid into county treasury. 
1,200.00 
1,900.00 
1,800.00 
1,800.00 
1,600.00 
1,400.00 



STATUTES Ark. 

10— " 1909 1,600.00 

11 — 1909 1,800.00 

12 — " 1911 l,8d0.00 and 

lOo per folio in civil and mis- 
demeanor, and 5c per folio in 
felony cases. 

13— " 1911 1,500.00 

14 — " 1913 1,200.00 

15— 1907 1,200.00 
17 — 1913 1,500.00 
18— Amended 1915 1,800.00 and 

10c per folio for an original and 
one duplicate copy in all cases. 

In all of the circuits the salary of the court stenographer is payable in 
county warrants, and in most of the circuits these warrants are subject to 
a considerable discount, and in some counties as much as 50 per cent. 



CALIFORNIA* 

SUPREME COURT. 

Appointment— Term — Duties — Compensation. The Supreme Court may 
appoint two phonographic reporters who shall hold office during the pleasure 
of the court. The reporters shall attend the sessions of the court and shall 
take notes of the points made by counsel in all arguments; and shall take 
down the opinions of the courts when delivered orally and, when required 
by the court, shall write out the stenographic notes and deliver such writing 
to the reporter of the decisions of the court, and shall perform such other 
duties as may be imposed upon them by the court or a justice thereof. One 
of such reporters shall receive $3,000 per annum, and the other shall receive 
$2,400. (Pol. Code, 1905, §§ 739, 769, 770.) 

DISTRICT COURTS OF APPEAL. 

Appointment — Qualifications— Duties — Compensation. Each of the three 
District Courts of Appeal may employ and appoint a phonographic reporter 
who shall be competent to write in shorthand at the rate of one hundred 
and fifty words per minute, and to transcribe the same correctly. His duties 
shall be to take down in shorthand the proceedings of the court, and to act 
as secretary to the judges in the discharge of their official duties. His com- 
pensation shall be at the rate of $2,400 per annum. (Pol. Code, 1907, § 759.) 

SUPERIOR COURTS. 

Appointment — Duties — What to TaJce, Filing Transcripts. The judge or 
judges of any superior court in the state may appoint a competent phono- 
graphic reporter, or as many such reporters as there are judges, to be known 
as official reporter or reporters of such court, and to hold office during the 
pleasure of the judge or judges appointing them. Such reporter, or any of 
them, where there are two or more, must, at the request of either party, or 
of the court in a civil action or proceeding, and on the order of the court, 
the district attorney, or the attorney for the defendant in a criminal action 
or proceeding, take down in shorthand all the testimony, the objections 
made, the rulings of the court, the exceptions taken, all arraignments, pleas 
and sentences of defendants in criminal cases, the arguments of the pros- 
ecuting attorney to the jury, and all statements and remarks made and oral 
Instructions given by the judge; and if directed by the court, or requested 
by either party, must, within such reasonable time after the trial of such 
case as the court may designate, write out the same, or such specific por- 
tions thereof as may be requested in plain and legible longhand, or by type- 
writer or other printing machine, and certify to the same as being correctly 
reported and transcribed, and when directed by the court, file the same 
with the clerk of the court. (Code Civ. Pro., 1903, § 269.) 

Qualifications — Examination — Certification. No person shall be ap- 
pointed to the position of official reporter of any court in this state, except 
upon satisfactory evidence of good moral character, and without being first 
examined as to his competency by at least three members of the bar prac- 
ticing in said court, such members to be designated by the judge or judges 
of said court. The committee of members of the bar so designated shall, 
upon the request of the judge or judges of said court, examine any person 
as to his qualifications whom said judge or judges may wish to appoint as 
official reporter; and no person shall be appointed to such position upon 

•Dates in references to sections show passage of act or last amendment 
and not last~edition of the code. 

10 



STATUTES Cal. 

whose qualifications such committee shall not have reported favorably. The 
test of competency before such committee shall be as follows: The party 
examined must write in the presence of such committee at the rate of at 
least one hundred and fifty words per minute, for five consecutive minutes, 
upon matter not previously written by or known to him, immediately read 
the same back to the committee, and transcribe the same into longhand 
writing, plainly and with accuracy. If he pass such test satisfactorily, the 
committee shall furnish him with a written certificate of that fact, signed 
by at least a majority of the members of the committee, which certificate 
shall be filed among the records of the court. No oflBcial reporter of" any 
court or official reporter pro tempore shall be competent to act as official 
reporter in any court of the state who shall have failed or neglected to 
transcribe any notes in a criminal proceeding or action on appeal and which 
notes are required by law to be by him transcribed until he shall have fully 
completed and filed all transcription of his notes in any criminal case on 
appeal required by law to be by him transcribed. (Id., 1909, § 270.) 

Shall Attend in Person, Except — Reporters Pro Tempore. The official 
reporter of any superior court shall attend to the duties of his office in per- 
son, except when excused for good and sufficient reason by order of the 
court, which order shall be entered upon the minutes of the court. Employ- 
ment in his professional capacity elsewhere shall not be deemed a good and 
sufficient reason for such excuse. When the official reporter of any court 
has been excused in the manner provided in this section, the court may 
appoint an official reporter pro tempore, who shall perform the same duties 
and receive the same compensation during the term of his employment as 
the official reporter. (Id., 1880, § 271.) 

Oath. The official reporter of any court, or official reporter pro tem- 
pore, shall, before entering upon the duties of his office, take and subscribe 
the constitutional oath of office. (Id., 1880, § 272.) 

Transcript Prima Facie Correct. The report of the official reporter, or 
official reporter pro tempore, of any court, duly appointed and sworn, when 
transcribed and certified as being a correct transcript of the testimony and 
proceedings in the case, is prima facie evidence of such testimony and pro- 
ceedings. (Id., 1903, i 273.) 

Compensation. For his services the official reporter shall receive the 
following fees, except in counties where a statute provides otherwise: 

For reporting testimony and proceedings ten dollars per day, which 
amount, when more than one case is reported in one day, must be appor- 
tioned by the court between the several cases. 

For transcription, for one copy, twenty cents per hundred words; for 
two copies made at one time, fifteen cents each per hundred words ; for three 
copies made at one time, eleven cents each per hundred words; for four 
copies made at one time, nine cents each per hundred words; and for five 
or more copies made at one time, eight cents each per hundred words. 

In criminal cases, the fees for reporting and for transcripts ordered by 
the court to be made must be paid out of the county treasury upon the order 
of the court; provided, that when there is no official reporter in attendance, 
and a reporter pro tempore is appointed, his reasonable expenses for travel- 
ing and detention must be fixed and allowed by the court and paid in like 
manner. 

In civil cases the fees for reporting and for transcripts ordered by the 
court to be made must be paid by the parties in equal proportions, and 
either party may, at his option, pay the whole thereof; and, in either case, 
all amounts so paid by the party to whom costs are awarded must be taxed 

11 



Cal. SHORTHAND EEPOETERS 

as costs in the case. The fees for transcripts and copies ordered by the 
parties must be paid by the party ordering the same. No reporter must be 
required to perform any service in a civil action until his fees therefor have 
been paid to him or deposited with the clerk of the court. (Id., 1903, §274.) 

Transcribing of Opinions, Etc., a County Cliarge. Judges of the superior 
court may have opinions and instructions in any action, or any order, com- 
mitment or judgment in any insanity, probate, county official bond or juvenile 
court proceeding, taken down in shorthand and transcribed by the official 
reporter, the cost thereof to be a legal charge against the county. (Id., 1911, 
§ 274a.) 

Transcript Fees in Criminal Cases Appealed. The phonographic reporter 
shall receive for making an original and three carbon copies of the portion 
of his notes ordered transcribed, or transcribed in any criminal case after 
sentence-, the sum of thirty cents per folio; provided, however, that he shall 
receive no compensation for transcribing any notes unless the same shall 
have been transcribed by him within the time provided by law. (Id., 1909, 
§274b; Penal Code, 1909, §1247.) 

Proceedings at Time of Pronouncing Judgment to be Reported. The 
proceedings at time of pronouncing judgment in criminal cases shall be 
reported and transcribed in duplicate by the official reporter, one copy to be 
filed with the county clerk, and one copy to be sent to the warden of the 
prison to which the defendant is sentenced. (Penal Code, 1909, § 1192a.) 

Transcript Forwarded to Governor, When. Immediately after convic- 
tion requiring judgment of death, transcript of testimony and proceedings 
must be forwarded to governor of state. (Penal Code, 1872, § 1218.) 

When No Reporter, Clerk May Be Requiired to Take Testimony in 
Writing. Whenever there is no shorthand reporter of the court in attend- 
ance, either party may require the clerk to take down the testimony in 
writing. (Code Civ. Pro., 1872, § 1051.) 

Challenge to Jury Panel. A challenge to the panel of jurors must be 
in writing noted by the phonographic reporter, and must state the facts 
constituting the grounds of the challenge. (Penal Code, 1872, § 1060.) 

Oral Charges to be Reported. When the charge of the court is not 
given in writing it must be taken down by the phonographic reporter. (Penal 
Code, 1874, § 1093.) 

EXAMINING MAGISTRATES — Preliminary Hearings. 

Appointment — Transcripts — Compensation. The testimony of each wit- 
ness in cases of homicide must be reduced to writing, as a deposition, by the 
magistrate or under his direction, and in other cases upon the demand of 
the prosecuting attorney, or the defendant, or his counsel. The magistrate 
before whom the examination is had may, in his discretion, order the testi- 
mony and proceedings to be taken down in shorthand in all examinations 
herein mentioned, and for that purpose he may appoint a shorthand reporter. 
The deposition or testimony of the witness must be authenticated in the 
following form: 

1. It must state the name of the witness, his place of residence and his 
business or profession. 

2. It must contain the questions put to the witness and the answers 
thereto. 

3. If a question put be objected to on either side and overruled, or a 
witness declines answering it, that fact, with the ground on which the ques- 
tion was overruled or the answer declined, must be stated. 

12 



STATUTES Cal. 

4. The deposition must be signed by the witness, except in cases where 
it is taken down in shorthand, when it need not be signed by the witness. 

5. When taken down in shorthand, the transcript of the reporter so 
appointed, when written out in longhand and certified as being a correct 
statement of said testimony and proceedings, must be signed and certified 
by the magistrate. The reporter shall within ten days after the close of 
such examination, if the defendant be held to answer the charge, transcribe 
into longhand writing his said shorthand notes, and certify and file the same 
with the county clerk of the county, or city and county. In which the defend- 
ant was examined, and shall in all cases file his original notes with said 
clerk. 

6. The reporter's compensation shall be fixed by the magistrate before 
whom the examination is had, and shall not exceed that now allowed report- 
ers in the superior courts of this state, and shall be paid out of the treasury 
of the county, or the city and county, in which the examination is had, on 
the certificate and order of the said magistrate. (Penal Code, 1885, § 869.) 

Note: The practice is to allow the same compensation as is allowed su- 
perior court reporters under § 269 et seq., Code Civ. Pro. 

Upon demand of the defendant, or his attorney, the magistrate must 
order a transcript of the depositions taken on the information, or the exam- 
ination, to be immediately furnished said defendant, or his attorney, after 
the commitment of said defendant, and the reporter shall furnish said de- 
position as aforesaid, and shall receive compensation to be paid by the 
county for the same as provided by Sub. 6 of § 869 of this code. (Penal Code, 
mil, 8 S70 ) 

GRAND JURY. 

Appointment — Charge Against the County. The grand jury, on the de- 
mand of the district attorney, whenever criminal cases are being Investi- 
gated before them, must appoint a competent stenographic reporter to be 
sworn and report the testimony that may be given in such cases in short- 
hand, and to transcribe the same in all cases where an indictment is re- 
turned. If an Indictment has been found against a defendant, a copy of the 
testimony given in his case before the grand jury, shall be served upon him 
within five days after the discharge of the grand jury, or if the grand jury 
has not been discharged, at least five days before the cause is set for trial. 
The services of such stenographic reporter shall constitute a charge against 
the county. (Pol. Code, 1911, § 925.) , 

CORONERS. 

Appointment — Salary — Duties. It shall be lawful for the coroner of 
every county, or city and county, having one hundred thousand or more 
inhabitants to appoint an ofliclal reporter, who shall hold office during the 
pleasure of the coroner. The salary of said official reporter shall be $150 
per month, payable monthly out of the general fund of the county. He shall 
report, transcribe and certify in duplicate the testimony and proceedings of 
all inquests, file one copy with the coroner and the other with the county 
clerk, together with his shorthand notes. The report of the official reporter 
shall be prima facie a correct statement of such testimony and proceedings. 
(Statutes of 1895, p. 168. Superseded as to City and County of San Fran- 
cisco by its charter.) 



13 



COLORADO 

DISTRICT COURTS. 

Appointment— Duties. The judge of each judicial district may appoint 
a competent shorthand reporter to attend during any term of the court, or 
any part thereof, or during the trial of any cause or causes. Such reporter 
shall, on the direction of the court, in any case, take down in shorthand all 
the testimony, the rulings of the court, the exceptions taken, and oral in- 
structions given, and other proceedings had during the trial of any cause, 
and in such causes as the court may designate, and in such reasonable time 
after the trial as the court may appoint, shall write out the same in plain, 
legible longhand writing, and file it, together with the original shorthand 
writing, with the clerk of the court in which the cause was tried. (Mills' 
Ann. Stat, 1912, § 1585.) 

Compensation. Such reporter shall receive for his services such pay 
as the judge of the court may direct, to be paid from the treasury of the 
county wherein the court sits, not exceeding ten dollars per diem for reduc- 
ing the testimony to shorthand, and not exceeding twenty cents per folio of 
one hundred words for making transcript in longhand, when so directed by 
the court. The compensation to said reporter shall be paid as follows: The 
per diem allowance by the county in which suit may be pending, and the 
allowance for transcript in longhand shall be paid as other costs of the 
suit. (Id., § 1586.) 

Note: There are thirteen judicial districts in the state of Colorado, in 
two of which there are two judges each, in one there are three, and In the 
one in which the City and County of Denver is located there are five. 

Each judge appoints a reporter. In all the districts of the state, with 
the exception of the second judicial district, comprising the City and County 
of Denver, the per diem is fixed at ten dollars and the folio rate at twenty 
cents. In the City and County of Denver the compensation of the reporters 
has been fixed at $2,700 per annum, payable at the rate of $225 a month, and 
the transcript fee has been fixed at fifteen cents per folio of one hundred 
words, except on daily copy work, which is twenty cents per folio. 

COUNTY COURTS. 

Appointment — Duties. The judge of any county court In this state may, 
when in the opinion of the board of county commissioners of such county 
it shall be expedient or necessary, appoint a competent shorthand reporter 
to attend during any term of the court or any part thereof or during the 
trial of any cause or causes, whose duties shall be such as are now or may 
be hereafter provided by law for such reporters employed in the district 
courts of this state. (Mills' Ann. Stat., 1912, § 1689.) 

County Commissioners to Authorize Fees. When in the opinion of the 
board of county commissioners of any county it shall be expedient or neces- 
sary to employ a shorthand reporter for the county court of such county 
the board shall pass a resolution to that effect and certify the same to the 
county judge of said county who may thereupon appoint such reporter as 
provided in section one of this act. (Id., § 1690.) 

Compensation. Such reporter shall receive for his services such pay 
as the board of county commissioners may fix, to be paid from the treasury 
of the county, not exceeding ten dollars per diem for reducing the testimony 
to shorthand, and not exceeding fifteen cents per folio of one hundred words 
for making transcripts in longhand, when so directed by the court. The 
compensation to said reporter shall be paid in the same manner as is now 
or may be hereafter provided for such reporter in the district courts (Id 
§ 1691.) 

14 



STATUTES Colo. 

Note: Only a few counties In the state have availed themselves of this 
statute, a,na the compensation is fixed well within the maximum allowed. la 
the City and County of Denver the compensation has been fixed at $2,400 and 
fifteen cents per folio for transcript. 

The county judges are allowed, by statute, to call in judges from other 
counties, to assist them in the trial of cases, and in the City and County of 
Denver there are practically two judges working constantly, and occasionally 
a third judge, and a reporter is provided for each. 

COUNTY COURTS— Second-class counties. 

Appointment — Duties — Compensation. The county judge in counties of 
the second class with a population of 40,000 or over may, also, appoint a 
competent shorthand reporter to attend during any term of the court or any 
part thereof, or during the trial of any cause or causes, whose duties shall 
be as are now or may be hereafter provided by law for such reporters em- 
ployed in the District Courts of this state, and to perform such other and 
further duties as may be required of him by the judge of the said county 
court. Such reporter shall receive for his services such compensation as 
the judge of the county court may fix, not exceeding the sum of $125.00 per 
month, to be paid from the treasury of the county, for reducing the testimony 
to shorthand and performing such other duties as may be required of him 
by the judge of the court; and not exceeding the sum of fifteen cents per 
folio of one hundred words for making transcripts in longhand, when so 
directed by the court. He shall present his bill to the county commission- 
ers duly sworn to by himself as correct, and duly certified by the judge. 
Such bills shall be ordered hy the county commissioners to be paid out of 
the fund appropriated for the expense of the county court. The allowance 
for transcripts in longhand shall be paid by the litigants as other costs of 
suit. (Laws of 1913, p. 223, § 1.) 

SUPREME COURT (Appellate Court.) 

Appointment — Compensation. Each judge of said Supreme Court is 
authorized to appoint one skilled stenographer, whose annual compensation 
shall be twelve hundred dollars, payable monthly out of the general fund 
of the State of Colorado. (Mills' Ann. Stat., 1912, § 1533.) 



15 



CONNECTICUT 

SUPERIOR COURT. 

Appointment — Qualifications — Term. The judges of the Superior Court 
at their annual meeting in June, 1904, and bi-ennially thereafter, shall appoint 
one skillful stenographer for each county, to be the official stenographer of 
the Superior Court therein for the term of two years from the first day of 
July succeeding his appointment, and until his successor is appointed and 
qualified, unless sooner removed by such judges for cause. (Rev. Gen. Stats. 
1902, § 521; Original act Ch. 95, P. A. 1884.) 

Oath. Every official stenographer before entering upon the duties of 
his office shall be sworn to faithfully perform them, and shall then be an 
officer of the court. (Id., § 522.) 

Duties. Every official stenographer shall attend the terms and sessions 
of the Superior Court for which he is appointed and make accurate short- 
hand reports of all proceedings in said court, except arguments of counsel, 
and he shall, if the judge or judges of said court so direct, employ assistant 
stenographers to attend any term or session of said court, or any part there- 
of, as the judge or judges may desire. (Id., § 523.) 

Transcripts — Notes Filed. Every official stenographer shall, when re- 
quested, furnish to the court, to the state's attorney or prosecuting attorney, 
and to any party of record, within a reasonable time a transcript of his offi- 
cial notes or such portion thereof as may be desired; and whenever the 
court may deem it necessary, it may order a transcript of the proceedings, 
or any part thereof to be filed with the clerk of the trial court, and all 
stenographic notes taken on the trial of any case shall within thirty days 
after the case is submitted be filed with the clerk, but for the purpose of 
transcribing said notes, the stenographer may at any time withdraw the 
same for a reasonable time. (Id., § 524.) 

Vacancies, How Filled. In case of the death or resignation of the offi- 
cial stenographer, or his permanent inability to serve from any cause, the 
presiding judge of the Superior Court shall appoint a successor, and in case 
of his temporary absence, the presiding judge may appoint some competent 
person to act during such period. (Id., § 525.) 

Compensation — Per Diem — Transcript Fees. Official stenographers shall 
each receive ten dollars per day when attending court, to be paid as court 
expenses. When assistant stenographers are employed, as authorized by 
law, each of said assistants shall in like manner receive ten dollars a day 
for each day when attending court; and all official and assistant stenog- 
raphers shall be entitled in addition to the compensation hereinbefore pro- 
vided to ten <:ents for each folio of one hundred words when transcribed 
from the original shorthand notes as provided by law. The fee for a tran- 
script of said notes when made for the court, or the state's attorney, when 
aoting in his official position, and one copy each to the plaintiff and defend- 
ant, shall, upon the certificate of the presiding judge having so ordered said 
transcript be paid as other court expenses; in all other cases by the party 
ordering the same, and shall be furnished within a reasonable time. (Id., 
§ 4829.) 

Traveling Expenses in Certain Cases. The official stenographer of the 
Superior Court for any county, or any assistant stenographer when acting 
in his stead, and the stenographer of any Court of Common Pleas, or his 
assistant, while attending court in a town other than that in which he 
resides, shall raceive in addition to the compensation now allowed by law, 

16 



STATUTES Conn. 

actual traveling expenses, the same to be taxed and paid as other court 
expenses. (Public Acts, 1911, ch. 269, approved Sept. 19, 1911.) 

SUPERIOR AND DISTRICT COURTS OF WATERBURY. 

Appointment— Qualifications — Term. The judges of the Superior Court 
at their annual meeting in June, 1903, shall appoint a skillful stenographer 
who shall be the official stenographer of the Superior Court at Waterbury 
for a term of one year from July 1, 1903, and at their annual meeting in 
June, 1904, and bi-ennially thereafter said judges shall appoint a skillful 
stenographer for the Superior Court at Waterbury, who shall hold his office 
for a term of two years, and until his successor is appointed and qualified, 
unless sooner removed by said judges for cause. By virtue of said appoint- 
ment, said stenographer shall also be the official stenographer of the Dis- 
trict Court of Waterbury. (Public Acts of 1903, Ch. 109.) 

Residence. Said stenographer shall be a resident of Waterbury. (Id.) 
Duties and Compensation. Said stenographer shall be sworn to the 
faithful performance of his duties, and shall have all the powers, and he 
subject to the same duties and receive the same compensation for attend- 
ance and transcripts as now provided by law for official stenographers of 
the Superior Court. (Id.) 

COURTS OP COMMON PLEAS. 

Stenographer Called on Request of Parties. The judge of any Court of 
Common Pleas, or of the District Court of Waterbury, upon the written 
request of any party to a cause in such court filed on or before the date on 
which said cause is assigned for trial, shall call in a competent stenographer 
to act during the trial. (Rev. Stats., 1902, § 526; Act of 1901.) 

Judge May Call in Stenographer. Whenever the judge of the Court of 
Common Pleas, the Criminal Court of Common Pleas, the District Court of 
Waterbury, or the judge of any city, town or police court, shall deem it 
necessary, he may call in a competent stenographer to take the evidence 
in any civil action or criminal prosecution pending in the court over which 
he presides. Should necessity require, any stenographer called in under 
the provisions of this section, or of § 526, shall employ a competent assist- 
ant to act for him in said courts, who shall also be sworn and be subject to 
the same rules and duties as said stenographer so called in. (Id., §527; 
Act of 1887.) 

Compensation. The compensation of any stenographer called in for 
attendance and his fees for making copies shall be fixed by the judge at a 
rate not greater than the rate established for the official stenographer of 
the Superior Court, and his fees for copies when ordered by the judge or 
prosecuting attorney together with his compensation shall be taxed and 
paid in the same manner as the other expenses of maintaining and carry- 
ing on the business of said court. (Id., § 528; Act of 1887.) 

Stenographer Called by Agreement in Certain Courts. Whenever in any 
Court of Common Pleas, city, borough, town or district court, or court of 
probate, the parties in any cause or matter pending therein, or their attor- 
neys, shall in writing so agree, the judge of said court may call in any com- 
petent and disinterested person who is capable of acting as stenographer, 
to act as the official stenographer in the whole, or in any portion of any 
case as may be agreed upon in the manner aforesaid, and the compensation 
of such stenographer shall be taxed as a part of the costs in such case 
against the party who shall finally be defeated therein or if the case or 

17 



Conn. SHORTHAND EEPOETEBS 

matter be pending in a court of probate, shall be paid by the parties in such 
proportion as the judge of said court shall decide; but in no case shall said 
compensation exceed that of the stenographer of the Superior Court. (Id., 
§529; Act of 1887.) 

Powers and Duties. Every stenographer called in and acting under the 
provisions of §§ 525, 526, 527 and 529, above quoted, shall be sworn and shall 
have the powers and be subject to the duties that are prescribed by law 
for the official stenographer of the Superior Court. (Id., § 530; Act of 1887.) 

Notes as Evidence. Evidence taken by any such stenographer shall 
have the same effect, and be evidence to the same extent as evidence taken 
by an official stenographer of the Superior Court. (Id., § 531; Act of 1887.) 

STATE REFEREES AND JUDGES SITTING IN CHAMBERS. 

Official Stnographer IVlay Be Called to Act. Whenever a judge of the 
Superior Court sitting in chambers, or a state referee, shall deem it neces- 
sary, said judge or referee may call upon the official stenographer in the 
county or district wherein any action pending before such judge sitting in 
chambers, or such referee is to be heard, to take the evidence therein. Such 
judge or referee shall have and may exercise all the powers now conferred 
by law upon a judge of the Superior Court when sitting as a court, with 
respect to transcripts of the official notes of such stenographer. (Public 
Acts of 1903, Ch. 146.) 

Duties and Compensation. Such stenographer when so called upon, or 
a competent stenographer designated by him, shall attend such hearings, 
and shall have all the powers and be subject to the same duties and receive 
the same compensation for attendance, and fees for transcript of his official 
notes as now authorized by law for official stenographers of the Superior 
Court. Such compensation for attendance and fees for copy ordered by 
said judge or said referee, when duly approved, shall be paid by the clerk 
of the Superior Court for the county in which such action Is heard in the 
same manner as other court expenses. (Id.) 



18 



DELAWARE 

SUPERIOR COURT, COURT OF OYER AND TERMINER, AND COURT 
OP GENERAL SESSIONS. 

Qualifications — Appointment — Removai — Oath — Bond — Compensation — 
Transcripts — Assistants and Compensation of — Supplies. There shall be 
attached to the superior court, the court of oyer and terminer, and the court 
of general sessions of the peace and jail delivery, a competent stenographer, 
who shall attend the sessions of said courts in the several counties of the 
state, and under the order and directions of the court, report all the evidence 
and proceedings. He shall be appointed by the court and shall be subject 
to removal at the pleasure of the court. He shall take an oath before enter- 
ing upon his duties, and shall file a bond in the sum of two thousand dollars 
for the faithful discharge of his duties. He shall receive such sum as may 
be approved by the court, not to exceed two thousand dollars a year, the 
same to be paid by the state treasurer. Within sixty days after the com- 
pletion of the trial, he shall make and file in the supreme court, a complete 
typewritten transcript in all cases appealed to the supreme court from the 
courts mentioned, and shall receive therefor such sum as may be approved 
by the court, not exceeding ten cents a folio, which sum shall be approved 
by the chief justice or the presiding judge, and paid by the state treasurer. 

When any two of the lower courts mentioned in this act shall be in 
session at the same time, or whenever the court stenographer shall in the 
opinion of any of said courts, require assistance in the typewriting or steno- 
graphic work necessary to be done in connection with the business of said 
courts, the court stenographer may designate, with the approval of the 
court, one or more suitable and competent typewriters or stenographers, or 
both, who shall be sworn as other court ofiicers are sworn, and whose acts 
shall have the same force and effect as if done by the official court stenog- 
rapher. The said typewriters or stenographers so designated shall receive 
for his or their work such compensation as the court shall consider proper, 
provided that it shall not exceed the sum of one thousand four hundred 
dollars for any one year, and provided further that such sum shall cover 
also the supplies that may be necessary to be used in connection with the 
typewriting and stenographic work done by said courts. All payments from 
this appropriation to be made by the state treasurer upon the presentation 
of a bill bearing on its face the approval in writing of some one of the 
judges of said courts. (19 Del. Laws, Ch. 253, p. 493 (1891) ; as amended by 
21 Del. Laws, Ch. 115, p. 259 (1898), and 23 Del. Laws, Ch. 59, p. 94 (1905), 
and 27 Del. Laws, Ch. 72, p. 188 (1913.) 



19 



DISTRICT OF COLUMBIA 

There are no statutory provisions covering the District of Columbia. In 
1915 the District Attorney for the District of Columbia made a contract cov- 
ering all criminal cases reported for the United States in Washington at 13 
cents a folio for the original and 5 cents a folio for carbon copies. No per 
diem charge is allowed but all notes are transcribed. 

The Corporation Counsel for the District of Columbia in the same year 
made a contract for reporting cases in the civil courts to which the District 
is a party at 14 cents a folio, with five carbon copies furnished free to the 
District, and 8 cents per folio (with five free carbon copies) in case one or 
more copies shall be sold to other parties. 

For reporting in the civil circuit courts the standard rate is 25 cents 
for the original, and 35 cents for the original and one carbon, the cost being 
equally divided between the parties, but this rate is not always adhered to. 

Practically all cases in court in which a reporter is employed require 
"daily copy," as do also all Congressional committee hearings. Occasion- 
ally notes are taken in court without an order for immediate transcript, for- 
$10 per diem. 

For many years the rate for reporting hearings before committees of 
the House of Representatives was 25 cents per folio, and that for reporting 
Senate Committee hearings $1.25 per printed page of about 550 words. These 
rates have been reduced to 15 cents per folio and $1 per printed page, re- 
spectively. 



20 



FLORIDA 

CIRCUIT COURTS. 

Appointment — Term — Duties — Fees in Advance — Compensation — Tran- 
scripts — Eligibility. There shall be in each judicial circuit a reporter of 
testimony and proceedings in trials at law in the circuit court. He shall be 
appointed by the governor upon the recommendation of the circuit judge, 
and hold office during the pleasure of the governor. He shall upon the dis- 
cretion of the judge report the testimony and proceedings upon the trial of 
any criminal case in the circuit court, and upon the written demand of the 
attorney for either party shall do likewise in the trial of any civil cause, 
but he shall not be required to attend any trial out of the county in which 
he may reside upon the demand of any attorney, unless such attorney shall 
deposit or secure his mileage and at least one day's per diem. He shall 
receive five dollars per day for attendance in the county in which he resides, 
and in other counties he shall receive six dollars a day for the time actually 
spent in reporting and in waiting upon the order of the judge or demand of 
an attorney to the case, and he shall receive mileage at the rate of' five 
cents each way from his residence, and for each typewritten transcript fur- 
nished upon demand the sum of twelve and one-half cents a folio, and for 
each carbon copy, six cents a folio. His accounts per diem and mileage 
shall be certified by the judge, and, in civil cases, shall be taxed as costs, 
and he shall upon payment of his fees, furnish transcripts. His transcript 
when certified to by him shall be prima facie a correct statement of the 
evidence provided his certificate be acknowledged before a notary public, 
or some judicial officer. Females shall be eligible for this office. (Gen. 
Stats. 1906, §§ 1844-1849; Laws of 1903, Chap. 122, p. 61.) 

ESCAMBIA COUNTY. 

Appointment — Duties — Compensation. The judge of the court of record 
is empowered to appoint in all civil cases pending in said court, when either 
of the parties to any such suit shall so request, and in all criminal cases 
pending in said court, when the defendant or the county solicitor shall so 
request, a competent stenographer, who shall report and transcribe the 
testimony and the charge of the court in any such case; the duties and com- 
pensation of such stenographer shall be the same as those prescribed by law 
for the official court reporters of the circuit courts in this state, and he shall 
be payable in the same manner and from the same source. (Local Laws, 
1913, Ch. 6587, (No. 167), §3.) 



21 



GEORGIA 

SUPERIOR AND CITY COURTS. 

Appointment — Oath — Duties. Each of the judges of the superior and 
city courts, In all circuits where there may be more divisions than one, 
whether the same be civil or criminal, shall appoint, and at pleasure remove, 
a reporter or stenographic reporter for their respective divisions of said 
superior or city courts of their respective circuits. Before entering upon 
the duties of his ofilce, such reporter shall be sworn in open court to faith- 
fully perform all the duties required under this division; and it shall be his 
duty to attend all sessions of the court for which he is appointed, and when 
directed by the judge as hereinafter set forth, exactly and truly to record or 
take stenographic notes of the testimony and proceedings in the case tried, 
except the arguments of counsel. (Code of 1910, § 4984, as amended by 
Laws of 1914, Ch. 433.) 

Duty in Felony Cases. Upon the trial of all felonies the judge shall 
require the testimony to be taken down, and when so directed the court 
reporter shall take stenographic notes of the testimony and proceedings, 
except the arguments of counsel, and in case the jury return a verdict of 
guilty, the testimony shall be entered on the minutes of the court, or in a 
book kept for that purpose. (Code of 1910, Vol. 2, § 810.) 

Compensation. The compensation of the stenographer for recording 
or taking stenographic notes and recording the evidence in such civil cases 
as may be agreed by counsel for plaintiff and defendant to be recorded, or 
in case of disagreement as aforesaid in such cases as the presiding judgp 
may direct to be recorded, shall be at the rate of not to exceed ten cents 
per hundred words, to be fixed by the judge, which fee shall be paid by the 
parties to the agreement upon such terms as they may prescribe for them- 
selves, and if no agreement is entered into as to the payment thereof, then 
in such manner as may be prescribed by the presiding judge. (Code of 
1910, §4985.) 

Same — Transcript Fees in Civil Cases. The stenographic reporter for 
furnishing reports of evidence and other proceedings, in civil cases, shall 
be paid by the party requesting the same, at a rate flot to exceed ten cents 
a folio. (Id., § 4986.) 

Same — Criminal Cases. The compensation of the reporter, or steno- 
graphic reporter, for taking down testimony in the trial of such criminal 
cases as are required by law to be recorded, shall be $15 per day, which 
sum shall be paid by the county treasurer or other officer having charge of 
the county funds of the county wherein such criminal cases shall be tried, 
on the certificate and order of said judge as to the number of days he has 
been employed, but not exceeding $2500 shall be paid in" any one year for 
work done in that year out of the funds of any one county, except in coun- 
ties containing cities of over 150,000 inhabitants, in which excepted counties 
the board of county commissioners shall fix the compensation. In cases of 
conviction, the costs of reporting as proylded in this section, shall be entered 
up against the defendant, on which judgment the clerk of the superior court 
shall issue execution, the money arising therefrom to be deposited in the 
treasury of the county where such conviction was had, to be held as other 
county funds are held. Such reporter or stenographer shall, for reports of 
evidence and other proceedings by him furnished, be paid by the party 
requesting the same, at a rate of not to exceed ten cents for each one hun- 
dred words. (Code, 1910, Vol. 2, § 1131, as amended by Laws 1914, Ch. 432.) 

22 



STATUTES Ga. 

Same — Certain Counties. The compensation of the official stenographic 
reporters of the superior courts in all counties having therein a city with a 
population of not less than 39,000 nor more than 54,000 inhabitants shall he 
the sum of $125 per month, to be paid out of the treasury of the counties 
in which such cities are located as the court expenses are paid, such com- 
pensation to be in full for all services of any kind properly chargeable to 
and to be paid out of the treasury of such counties. The compensation of 
thg stenographic reporter in all the judicial circuits which now or may 
htreafter be established in this state having therein a city with a popula- 
tion of not less than 54,000 nor more than 75,000 inhabitants shall be the 
sum of $150 per month, such compensation to be in full for all services of 
any kind properly chargeable to and to be paid out of the treasury of the 
counties in which said cities are located, as other court expenses are paid. 
(Code of 1910, § 5988.) 

Same — Certain Circuits. In all counties in this state having cities with 
a population of not less than 23,000 nor more than 39,000 inhabitants accord- 
ing to the U. S. census of 1900 the compensation of the stenographic reporter 
of the judicial circuits in which said cities are situated shall be the sum of 
$2500 per annum to be paid monthly and to be in full for all services of any 
kind properly chargeable to and to be paid out of the treasury of the coun- 
ties in which said cities are located as other court expenses are paid. In 
all such counties the stenographic reporter shall turn over quarterly to the 
county treasurer of said counties all moneys collected by him for the re- 
porting and transcribing of all civil cases in said superior court. Where a 
defendant is sentenced as for a felony it shall be the duty of said steno- 
graphic reporter to file with the clerk of the superior court a brief of the 
testimony had in said case without further compensation. (Id., § 5989, as 
amended by Laws of 1912, p. 72.) 

Same. From and after January 1, 191?, the compensation of the steno- 
graphic reporter in all the judicial circuits which are now or may here- 
after be established in this state having therein a city with a population of 
not less than 65,000 nor more than 100,000 inhabitants shall be the sum of 
$200 per month, such compensation to be in full for all services of any 
kind properly chargeable to the counties in which said cities are located and 
to be paid out of the treasury of such counties as other court expenses are 
paid. (Laws of 1911, No. 203, p. 200.) 

Bills of Exceptions in Narrative Form. In making up the brief of 
evidence reguired in motions for a new trial, the evidence shall be stated in 
narrative form, even if it has been taken down stenographically. (Code 
of 1910, § 6093.) 



23 



HAWAII 

CIRCiriT COURT (First Circuit.) 

Appointment — Term — Compensation— Duties. The judges of the first 
judicial circuit, or a majority of them, shall have the appointment and re- 
moval of as many shorthand reporters as there are divisions of the court. 
Such reporters shall he sworn officers of the court and hold office during 
good behavior coupled with efficient discharge of their duties. They shall 
be subject to the orders of the presiding judge of the division of the court 
to which assigned. (Laws of 1915, Act 88.) 

Duties — Transcripts, Fees for. The duties of the shorthand reporters 
shall be to attend upon the court and write down all the testimony of the 
witnesses in shorthand, together with the proceedings and objections and 
exceptions of counsel, exclusive of argument, the rulings of the court, charge 
to the jury, and any other matter which the court may require him to re- 
port; he may be called upon during a hearing, by either party to the same, 
or by the court, to read aloud any portion of his notes theretofore taken by 
him, and he may be referred to at any time by the clerk of the court for 
the exact language of any orders from the bench. The reporter may charge 
not exceeding fifteen cents a folio of one hundred words for original copies 
of transcripts and seven and one-half cents per hundred words for carbon 
copies of transcripts prepared in their regular order for the purpose of 
appeals to the Supreme Court, and not exceeding twenty cents per folio for 
original copies and ten cents per folio for carbon copies when transcripts 
are prepared daily during the course of the trial. Fees must be paid by 
the party ordering same, and no reporter shall be required to perform any 
such service until his fees have been paid or the amount of the estimated 
cost deposited with the clerk of the court. (Laws of 1915, Act 88.) 

Qualifications. No person shall be appointed to the position of official 
shorthand reporter of such court except upon satisfactory evidence of good 
moral character, and unless he shall be a citizen of the Territory of Hawaii, 
and without either (1) having had three years' experience as a court report- 
er, which fact shall be shown to the satisfaction of the judges, or of a ma- 
jority of them, or (2) being first examined as to his competency by a com- 
mittee of three persons. The test of competency shall be as follows: 
Ability to write for five consecutive minutes in the presence of the commit- 
tee at the rate of at least one hundred and sixty words per minute on new 
matter and immediately read the same back without material error, and 
furnish a plain and accurate transcript of the same within a reasonable time 
thereafter. (Laws of 1915, Act 88.) 

CIRCUIT COURT (2d, 3d and 4th Circuits.) 

Appointment — Tenure — Duties. Authority is hereby conferred upon 
each of the circuit judges of the second, third and fourth circuits to appoint 
a stenographer who shall be a competent shorthand reporter, to hold office 
until removed by the judge by whom he is appointed. Any of the said cir- 
cuit judges may temporarily assign to any shorthand reporter appointed as 
aforesaid any appropriate duties in any court of said Territory other than 
the one In which he is located. (Act 208, Laws of 1915.) 

Note: The salaries of the shorthand reporters of the first circuit are 
$2,100 each; of the second circuit, $1,800; of the third circuit, $1,500; of the 
fourth circuit, $1,800. 



24 



IDAHO 

DISTRICT COURTS. 

Appointment — Qualifications. There shall be appointed within and for 
each of the judicial districts of this state, by each district judge, a steno- 
graphic reporter, who shall be well skilled in the art of stenography, and 
capable of reporting the oral proceedings in court, verbatim. (Rev. Codes, 
1908, § 3980.) 

Oath — Bond — Term — Salary — Traveling Expenses. Said reporter shall 
take the oath required to be taken by judicial officers; give a bond to be 
approved by the judge of the district court, in the sum of five thousand dol- 
lars, conditioned for the faithful performance of his duties, which bond shall 
be filed In the office of the Secretary of State, hold his office during the 
pleasure of said judge, and shall receive a salary of two thousand five 
hundred dollars per annum to be paid in the same manner as the salaries 
of other state officers are paid. There shall be paid in addition to said 
salary, to each of the court reporters of the district courts, out of the state 
treasury, for each term of a district court held by the judge thereof, for the 
trial and disposition of causes and the transaction of business under the 
laws of the state. In other counties than that in which said court reporter 
resides, his actual and necessary expenses for traveling and attending each 
term. (Id., §3981.) 

Duties as to Reporting — Waiver of. The said reporter shall correctly 
report all oral proceedings had in said court and the testimony taken in all 
cases tried before said court, but the parties may, with the consent of the 
judge, waive the recording by such reporter of any part of the proceedings 
or testimony. (Id., § 3982.) 

Filing Notes. The reporter shall file the stenographic records and re- 
ports made by him with the clerk of the district court of the county in which 
such report was taken and was tried. (Id., § 3983.) 

Transcripts — Fees for — For Poor Persons — As Evidence. It shall be 
the duty of each reporter to furnish, on the application of the Attorney 
General, prosecuting attorney, or any party to a suit in which a stenograph- 
ic record has been made, a typewritten copy of the record, or any part 
thereof, for which he shall charge in addition to his salary, a fee of seven 
and one-half cents per hundred words, to be paid by the party requesting 
the same, and to be taxed as costs in the case against the party finally 
defeated in the action: Provided, when such copy is requested on behalf of 
the State, or its attorney, or by a defendant in a criminal case or his attor- 
ney, and when after conviction the defendant in a criminal case shall satisfy 
the court by affidavit or otherwise, that he is unable by reason of his pov- 
erty to pay for such copy, so requested by himself or his attorney, the court 
reporter shall furnish such copy free of charge. Such copy shall constitute 
prima facie the minutes of the court, and may be used on all motions for 
new trials, review or appeal, when the minutes of the Court may be used. 
(Id. §3984.) 

Delivery of Transcript in Thirty Days. It shall be the duty of the re- 
porter to deliver said copy within thirty days after being requested. (Id., 
§ 3985.) 

Appointment of Deputy — Compensation of. When owing to the absence, 
sickness or other disability of the regular reporter, or when the business of 
the court demands it, the Court may appoint a substitute or deputy court 
reporter to act in the place of the regular reporter during such absence, 

25 



Idaho SHOKTHAND BEPOETEES 

sickness or other disability of the regular reporter, such substitute or dep- 
uty reporter to perform the same duties prescribed by law for the regular 
reporter, give such bond as is required by the court, take the same oath, 
and shall receive such compensation as may be allowed by the court, and 
when employed owing to the absence of such regular reporter, to be paid 
out of the salary of such regular reporter; but when such absence is on 
account of sickness then such compensation shall be paid out of the state 
treasury as the regular reporter's salary is paid: Provided, that such com- 
pensation shall only be paid for the time that such deputy reporter is ac- 
tually engaged in such work; and. Provided further, that in all criminal 
cases where, in the opinion of the court, the notes of the court reporter 
should be extended for use upon the trial of the cause, or in civil cases 
where, in the opinion of the court, the services of a deputy reporter are re- 
quired, the court may appoint an additional or substitute court reporter to 
aid the regular court reporter in reporting such cause, and who shall be 
paid a sum to be fixed by the court, to be paid as is the salary of the reg- 
ular court reporter. When in the opinion of the court, or of the judge 
thereof, the services of one or more persons are required to assist in the 
making of transcripts of testimony, the court or judge may by order au- 
thorize the reporter to employ such persons as may be necessary to facilitate 
the work in order that transcripts may be prepared without delay. Such 
assistants shall be entitled to charge and receive for their services in the 
preparation of transcripts the fees allowed by law therefor, the same to be 
paid by the reporter from the money received by him for such work. (Id., 
§ 3987, as amended by Chap. 41, Laws 1915.) 

All Fees Paid to the State. All fees earned by any court reporter or 
his deputy under the provisions of this title in excess of those earned by 
assistants in the preparation of transcripts pursuant to § 3987, shall be paid 
to the state treasurer to be placed to the credit of the general fund of the 
state. Said reporter shall make a quarterly report to the state auditor of 
all fees earned by himself, his deputies and assistants, and said report shall 
be accompanied by a remittance of such excess fees. (Id., § 3988, as amend- 
ed by Chap. 41, Laws of 1915.) 

HEARINGS BEFORE REFEREE, ETC. 

Reporter May Be Ordered to Attend. In all actions in the District Court 
which are triable by the Court, or in which a jury is waived, where the 
parties are numerous and the convenience of the witnesses and the ends of 
justice would be promoted thereby, the court, or the judge thereof at cham- 
bers, may at any time after the service is complete and the time for ap- 
pearance has expired, order testimony taken at such time and place as shall 
be designated in such order, before the judge of said court or before a ref- 
eree appointed by said court or the judge thereof, or before a special judge 
agreed upon by the parties to the action, and the testimony so taken shall 
be transcribed by the court reporter and transmitted, without findings, to 
the clerk of the court of the county where said action is pending, and shall 
be received in court as evidence in said action with the same force and 
effect as if taken upon a trial of said cause in open court. (Provision is 
made for the service of the order.) 

The taking of testimony may be continued from day to day, and ad- 
journed by order of the judge of the court, or by the referee or special judge 
before whom the testimony shall be taken; and the judge of said court 
shall make such order as he may deem proper as to payment of costs in- 
curred In taking and transcribing such testimony. All objections made at 
the time to the relevancy or admissibility of evidence shall be noted, and 

26 



STATUTES Idaho 

the same may be renewed in the District Court upon the final hearing. (Id., 
§ 6086.) 

BILL OP EXCEPTIONS. 

Transcript in Lieu Tliereof. Any party desiring to procure a review 
on appeal to the Supreme Court of any ruling of the District Court made 
during the trial, or the suflaciency of evidence to sustain the verdict or 
decision, in an action or special proceeding, may, in lieu of preparing, serv- 
ing and procuring the settlement of a hill of exceptions as in this chapter 
provided, procure a transcript of the testimony and proceedings, including 
the instructions given or refused, and exceptions thereto, on the trial, or 
such part thereof as may be necessary, in the following manner: He shall 
first procure from the district judge an order directing the reporter to pre- 
pare said transcript or specified portion thereof, which order shall limit the 
time within which the reporter shall complete and lodge the same. He 
shall then file said order with the clerk of the District Court, and serve a 
copy thereof upon the reporter, paying to him at the same time such sums 
as he shall demand, as the estimated cost of transcribing such part of his 
notes and of the proceedings as may be desired, at the rate of ten cents 
per folio of 100 words, which fee shall be in full payment for all services 
of the reporter in preparing and certifying an original and four carbon 
copies of said transcript, and shall be covered into the state treasury as 
are other fees paid to the reporter, and any balance of the estimate shall be 
returned by the reporter to the party depositing the same, and said party 
shall likewise be liable to, and shall, on demand of the reporter, pay any 
deficiency not covered by said estimate. It shall be the duty of the re- 
porter, upon service of said copy of order and receipt of his estimated fees, 
to forthwith prepare said transcript and to complete the same and lodge the 
original and copies with the Clerk of the District Court within the time 
allowed by said order, or within such further time as the District Judge 
may, by order, allow, and the reporter shall append to the transcript his 
certificate that the same is a true and correct copy of the testimony taken 
at the trial, or of such part thereof as is designated by the order. 

Note: § 7946a, passed in 1915, is a statute similar to the above applying 
to criminal cases. 

(After the lodging of said transcript and copies, the record is settled by 
the judge, after notice, as provided in this act, and when so settled said 
transcript shall have the force and effect of a bill of exceptions duly settled 
and allowed.) 

Exhibits introduced in the trial may be certified to the Supreme Court 
by the clerk without incorporating the same in the transcript, or making 
any copies, unless said exhibits consist of some part of the public records, 
in which event the same shall be copied into the record at the appropriate 
place by the reporter, or a copy certified by the party having lawful custody 
of the records may be substituted and transmitted with the exhibits. (Id., 
§4434; Laws of 1911, Ch. 119.) 

In re Appropriations. No officer, employe or State board of this state, 
etc., shall enter into any contract or agreement creating any expense, or 
incurring any liability, moral, legal or otherwise, or at all in excess of the 
appropriation made by law for the specific purposes for which such expen- 
diture is to be made, or liability incurred, unless written authority to make 
such expenditure or to incur such liability has been previously obtained 
from the State Board of Examiners of the State of Idaho. Any person or 
persons violating the provisions of this act shall be deemed guilty of a mis- 

27 



Idaho SHORTHAND BEPOETEBS 

demeanor, and shall be subject to removal from the position held, by order 
of the Governor of the State of Idaho. Any indebtedness attempted to be 
created against the State iB violation of the terms of this act, or any in- 
debtedness attempted to be created against the State in excess of the ap- 
propriations provided for in this Act shall be void. (Laws of 1913, Ch. 193, 
p. 6'46.) 

Note: The legislature makes an appropriation for the biennial period 
for the purpose of paying- assistant reporters. In cases where such appro- 
priation has been exhausted during the first year of the biennial period, 
during- the second year of the period the reporter is confronted with the 
above section on the one hand, and the statutes and rules of the Supreme 
Court as to the delivery of transcripts on the other. 

SUPREME COURT RULES. (Adopted June 29, 1911.) 

Transcript, How Secured. Where in lieu of a bill of exceptions the 
appellant desires to obtain a reporter's transcript, as provided in § 4484 of 
Ch. 119 of the laws of 1911, application for an order of the District Judge 
directing the reporter to prepare such transcript, if not made before the 
appeal is taken, must be made and forthwith transmitted to the Judge upon 
the perfecting of such appeal; and upon such order being made it shall be 
filed forthwith with the Clerk of the District Court from which the appeal 
is taken, and a copy thereof shall be served by appellant upon the reporter, 
who shall thereupon furnish the party an estimate of the cost of such 
transcript, and upon receipt of such estimate the appellant shall forthwith 
pay such fees to the reporter. (Rule 76.) 

Extension of Time. In no case shall the time granted for the prepara- 
tion of the transcript of the reporter's notes, under the provisions of § 4434, 
as enacted by the 1911 session of the legislature, exceed forty days, includ- 
ing any and all extensions granted for the purposes therein specified. Pro- 
vided, that in extraordinary cases, or in case of an unusually large record, 
or in the case of the sickness of the reporter, a party desiring an extension 
of time, may, upon filing afiidavits showing the cause for the same and 
serving the same on the adverse party and giving notice of the time and 
place of hearing, which shall not be less than two days, and upon such hear- 
ing and good cause appearing, be granted an extension or extensions, not 
exceeding in the whole an additional forty days. (Rule 77.) 

Specifications for Transcript. The Clerk of the District Court shall in 
the preparation of transcript on appeal, under the provisions of § 4820a, Rev. 
Codes, Ch. 117 of the 1911 Session Laws, use white typewriter paper of 
the standard legal size, unglazed and of approximately 2% lbs. weight to 
the ream, leaving a margin of two inches at the top and one and a half 
inches at the left, and shall use black record ribbon and black carbon paper. 
The written page shall be double spaced and the pages shall be numbered 
at the bottom and the folio numbers shall be written on the left margin, 
every ten lines being marked as a folio. Four copies may be made with 
carbon sheets, but the carbon copies must be plain and legible and no car- 
bon sheet shall be used after it is so worn as to blur or leave any letters 
indistinct. All transcripts shall be bound by securely fastening the same 
at the top, suitably stapled or tied, and covered with substantial cardboard 
or other equivalent flexible covers, and the same shall be bound in volumes 
not to exceed 400 sheets; provided a volume may be made to contain 500 
pages where the same will include an entire transcript or the entire remain- 
der of the transcript. (Rule 78.) 

Reporters' Transcripts to Conform to Above, Except. All transcripts 
made by court reporters under the provisions of § 4434, as comprised in Ch. 

28 



STATUTES Idaho 

119 of the Session Laws of 1911, shall be made In all respects in accordance 
with the provisions and requirements of the foregoing Rule 78, except that 
the reporter shall not number the folios. (Rule 79.) 

Penalty for Non-Compliance. Transcripts not prepared in accordance 
with Rules 78 and 79 shall not be filed by the Clerk of the Supreme Court, 
but shall be returned by him to the Clerk of the District Court from whom 
he received them, for proper preparation, and if reporters' transcripts have 
not been made in accordance with the requirements of these rules and of 
the statute, the reporter who made the same shall be required to forthwith 
prepare other transcripts in compliance with these rules, and no compen- 
sation whatever shall be allowed to either stenographer or clerk for making 
new transcripts in order to comply with these rules. A wilful failure to 
substantially comply with the statute and these rules shall subject the re- 
porter or clerk, as the case may be, to liability for any costs which may be 
incurred by either party to the action on account of such failure or neglect. 
(Rule 81.) 



2S 



ILLINOIS 

CIRCUIT COURTS. 

Appointment — Term — Stenographer Pro Tern. The several judges of 
the circuit courts are authorized to appoint a shorthand reporter for their 
respective courts, whose duty shall be as hereinafter specified. The re- 
porter so appointed shall hold his position during the pleasure of the judges 
so appointing him, not, however, to extend beyond the time the judges mak- 
ing such appointment shall be elected for: Provided, however, that in case 
of the absence or disability of the reporter so appointed the presiding judge 
may appoint any other reporter to act in his place during such absence or 
disability; and provided, further, that in counties the territory of which is 
co-extensive with the territory of one circuit, there shall not be appointed 
after the passage of this act any official reporters, by any judge of said 
county, except when authorized by the county board, and their salary or 
per diem be fixed by said board. (Revised Statutes, 1903, Chap. 37, § 82a 
as amended by Laws 1905, page 147.) 

Duties — Transcripts — Compensation — Taxation of Fees. The reporter 
shall cause full phonographic notes of the evidence in all trials in the court 
for which he is so appointed to be taken down, and one transcript of the 
same, if desired by either party to the suit, or by their attorney, or by the 
judge of the court, to be forthwith correctly made and furnished to the 
party so desiring it. The compensation of the reporter for taking such 
phonographic notes shall be eight dollars per day for each day court is in 
session. The presiding judge of the court shall furnish to said reporter at 
the close of each term of court a certificate showing the amount per diem 
due him, and upon presentation to the county treasurer of such county he 
shall pay the same out of any funds of such county in his hands. Said re- 
porters shall be allowed to charge not to exceed ten cents per hundred 
words for making transcripts of said shorthand notes, to be paid in the 
first instance by the party on whose behalf such transcript is ordered, and 
allowed and taxed as costs in the suit, and the transcript when so paid for 
by the party ordering it and the charges for the same are taxed as costs, 
the same shall be filed and remain with the papers in the cause: Provided, 
however, that when the judge trying the case shall, of his own motion, 
order a transcript of said shorthand notes as hereinbefore provided, he may 
direct the payment of the charges therefor and the taxation of the same as 
costs in such manner as to him may seem just: Provided, always, that the 
charges for making but one transcript may be taxed as costs; the party 
first ordering the transcript shall have the preference, unless it shall be 
otherwise ordered by the court. (Revised Statutes, 1903 (Hurd), Chap. 37, 
§ 82b as amended by Laws 1905, page 147, and Laws 1909, page 164.) 

Oath. The reporter shall, before entering upon the duties of his office, 
take and subscribe the ofiicial oath to faithfully discharge the duties of his 
office to the best of his knowledge and ability. (Revised Statutes, 1903, 
Chap. 37, § 82c. 

COOK COUNTY (CHICAGO). 

The Circuit and Superior Courts of Cook County (Chicago) fall within 
the provision of paragraph 1 of the Act: "There shall not be appointed 
after the passage of this act, any official reporters, by any judge of said 
county, except when authorized by the county board, and their salary or 
per diem fixed by said board." There are no official reporters in the Chi- 
cago courts appointed under the provisions of the above act. 

30 



STATUTES 111. 

Note: In 1869 there were four acts passed by the legislature providing 
for stenographic reporters In the Superior Court of Chicago, the Circuit Court 
of Cook County, the Recorder's Court of the City of Chicago, and the County 
Court of Cook County, and the Circuit Courts for the 9th and 18th judicial 
circuits. These acts were held unconstitutional as class legislation, and so 
are not Included In this work. 

COUNTY COURTS. 

Appointment — Term — Stenographer Pro Tem. That the several judges 
of the county courts in this state, in counties having a population not more 
than two hundred thousand, be, and they are hereby authorized to appoint 
a shorthand reporter for their respective courts, whose duties shall be as 
hereinafter specified. The reporter so appointed shall hold his position 
during the pleasure of the judge appointing him; not, however, to extend 
beyond the time the judge making such appointment shall be elected for: 
Provided, however, that in case of the absence or disability of such reporter, 
so appointed, the judge may appoint any other reporter to act in his place 
during such absence or disability. (Rev. Stat. 1911, Ch. 37, § 215e, page 
699.) 

Duties and Compensation. The said reporter shall take full stenographic 
notes of the evidence in all trials in the court, for which be is appointed, 
in all cases which are appealable directly to either the Appellate or Su- 
preme Court, and furnish forthwith one transcript of the same correctly 
made to either party to the suit, upon the request of such party or his at- 
torney. The compensation of said reporter for taking such stenographic 
notes shall be fixed by the judge appointing him at any sum not exceeding 
five dollars per day for each day of his actual attendance upon the trials of 
such cases as are appealable direct to either the Appellate or Supreme Court. 
The judge of the court shall furnish to said reporter, at the close of each 
term of court, a certificate showing the amount due him at such per diem, 
and upon presentation to the county treasurer of such county, the county 
treasurer shall pay the same out of any funds of such county in his hands. 
Said reporters shall be allowed to charge not to exceed fifteen cents per 
hundred words, said amount to be fixed by the court, for making transcript 
of said stenographic notes to be paid in the first instance by the party on 
whose behalf such transcript is ordered and allowed and taxed as costs in 
the suit, and the transcript when so paid by the party ordering it and the 
charges for the same are taxed as costs, the same shall be filed and remain 
with the papers in the case: Provided, always, that the charge for making 
but one transcript may be taxed as costs, the party first ordering the trans- 
cript shall have the preference, unless it shall otherwise be ordered by the 
court. (Id.) 

Oath. Said reporter shall, before entering upon the duties of his oflice, 
take and subscribe the official oath to faithfully discharge the duties of his 
office to the best of his knowledge and ability. (Id.) 



31 



INDIANA 

CIRCUIT, CRIMINAL AND SUPERIOR COURTS. 

Appointment — Duties. The judge of each circuit, criminal or superior 
court of. each and every county of this state, shall appoint an oificial re- 
porter whose duty it shall be, whenever required by such judge, to be 
promptly present in said court, and to take down in shorthand the oral 
evidence given in all cases, including both questions and answers, and to 
note all rulings of the judge in respect to the admission and rejection of 
evidence, and the objections and exceptions thereto. (Burns' Revised Stat- 
utes, 1914, § 1685.) 

Qualifications. No person shall be ineligible to such oflBce of shorthand 
reporter on account of sex. The judge shall not appoint his son or daughter 
as such reporter. (Id., § 1686.) 

Oath. At the time of appointment, such reporter shall take an oath 
before some officer empowered to administer oaths, to faithfully perform 
his or her duties, as such official reporter. (Id., § 1687.) 

Removal — Vacancies, How Filled. Such reporter may, at any time, be 
removed by the judge of the court for which he was appointed, and in every 
case of vacancy in the office of official reporter, it shall be the duty of the 
judge of such court to fill the vacancy as soon after its occurrence as prac- 
ticable. (Id., §1688.) 

Transcripts — Fees in Advance. Whenever in any cause, such reporter 
shall be requested to do so, he shall furnish to either party a transcript 
of all or any part of said proceedings required by him to be taken or noted, 
including all documentary evidence, and it shall be his duty to furnish the 
same written in a plain legible longhand or typewriting as soon after being 
requested to do so as practicable, and he shall certify that it contains all 
of the evidence given in the cause: Provided, that the reporter may re- 
quire payment for such transcript, or that the same be satisfactorily se- 
cured, before he proceeds to do the work required of him. (Id., § 1689.) 

Compensation. The compensation of such official reporter shall be as 
follows: He shall be allowed a compensation of not more than five dollars 
per day for each day required by such judge to be in attendance upon the 
court as such official reporter; Provided, that in all judicial districts, wheth- 
er for circuit or superior courts, composed of one or more counties, one of 
which counties having a population of more than 80,000* as shown by the 
last preceding United States census, which judicial districts have more than 
three and less than six judges, the compensation of each of such reporters 
shall be eighteen hundred dollars per annum, payable out of the county 
treasury in installments according to the terms of such courts. Such com- 
pensation shall be certified, audited and paid in like manner as is provided 
by law for the payment of other officers for attending upon the court. Such 
official reporter may also collect as fees ten cents per folio of one hundred 
words, for making and furnishing transcripts of his shorthand notes of 
testimony, to be paid by the party requiring such transcript: Provided, that 
if any such reporter, appointed and acting under the provisions of this act, 
shall charge, or charge and receive, or receive any compensation in excess 
of that provided In this act, shall be guilty of a misdemeanor and upon 
conviction shall be fined a sum not less than ten dollars nor more than one 
hundred dollars. (As amended. Acts 1913, p. 601; Burns' Revised Statutes, 
1914, §1691.) 

♦Applies to Lake county only. 

32 



STATUTES Ind. 

MARION COUNTY PROBATE COURT. 

Appointment — Duties — Salary — Term. The judge of such probate court 
shall appoint a court stenographer whose duties, salary and term shall be 
regulated In the same manner as the court stenographer of the circuit court. 
(Burns' Revised Statutes, 1914, § 1629.) 

GRAND JURY. 

Appointment — Salary — Duties — Oath of Secrecy. The grand jury must 
select one of its number as clerk, who must take minutes of the proceed- 
ings, except the votes of the individual members on the finding of an in- 
dictment, and also of the evidence given before the grand jury, which shall 
be preserved for the use of the prosecuting attorney: Provided, however, 
that such grand jury may by unanimous vote and the consent of the court 
employ a stenographer at not to exceed five dollars per day, to take the 
minutes and evidence under the supervision of such grand jury and the 
clerk selected by it. Such stenographer before entering upon his or her 
duties shall subscribe to an oath, to be administered by the clerk of such 
court, that he or she will in no way reveal any of the proceedings had be- 
fore such grand jury. (Burns' Revised Statutes, 1914, § 1964.) 

POOR PERSONS— TRANSCRIPT FOR. 

Court May Order — Paid by County. That any poor person desiring to 
appeal to the supreme court or appellate court of this state from the de- 
cision of any circuit court or criminal court or the judge thereof, in crim- 
inal cases, and not having sufiicient means to procure the longhand manu- 
script, or transcript of the evidence taken in shorthand, by the order or 
permission of any of said courts or the judge thereof, the court or judge 
thereof shall direct the shorthand reporter to transcribe his shorthand notes 
of evidence into longhand, as soon thereafter as practicable, and deliver 
the same to such poor person; Provided, the court or the judge thereof 
is satisfied that such poor person has not sufiicient means to pay said re- 
porter for making said longhand manuscript or transcript of evidence, and 
such reporter may charge such compensation as is allowed by law in such 
cases for making and furnishing said longhand manuscript, which service 
of said reporter shall be paid by the court or judge thereof out of the 
proper county treasury. (Burns' Revised Statutes, 1914, § 1693.) 



33 



IOWA 

DISTRICT COURTS. 

Appointment — Duties. Each judge of the district court shall appoint a 
shorthand reporter who shall, upon the request of either party in a civil 
or a criminal case, take and report in full the oral evidence and proceed- 
ings in the case, and perform all duties required of him on the trial, as 
provided by law. (Code of 1897, § 245.) 

Oath — Attendance — Removal. Such reporter shall take an oath faith- 
fully to perform the duties 61 his office, which shall be filed in the office of 
the clerk. He shall attend such sessions of the court as the judge who 
appointed him may direct, and may be removed by the judge making such 
appointment. (Id., § 246.) 

Compensation. Shorthand reporters of the district courts shall be paid 
eight dollars per day for each day's attendance upon said court, under the 
direction of the judge, out of the county treasury where such court is held, 
upon the certificate of the judge holding the court; and in case the total 
per diem of each reporter and his substitute shall not amount to the sum 
of $1,600 per year, the judge appointing him shall at the end of the year 
apportion the deficiency so remaining unpaid among the several counties 
of the district, if there be more than one county in such district, in pro- 
portion to the number of days of court actually held by such judge in such 
counties, which apportionment shall be by him certified to the several coun- 
ty auditors, who shall issue warrants therefor to said reporter, which war- 
rants shall be paid by the county treasurers out of any funds in the treas- 
ury not otherwise appropriated. Shorthand reporters shall also receive 
eight cents per hundred words for transcribing their official notes, to be 
paid for in all cases by the party ordering the same. If a defendant in a 
criminal cause has perfected an appeal from a judgment against him and 
shall satisfy a judge of the district court from which the appeal is taken 
that he is unable to pay for a transcript of the evidence, such judge may 
order the same made at the expense of the county where said defendant 
was tried. 

Where a shorthand court reporter is required, in the discharge of his 
official duties, to leave the county of his residence or leave the city or town 
of his residence to perform such duties, he shall be paid his actual and 
necessary hotel and living expenses not to exceed the sum of three dollars 
per day and transportation expenses as shall be incurred, not exceeding in 
all two hundred dollars per year, which account shall be itemized and ap- 
proved by the presiding judge of the district court and certified to the 
county auditor of the county in which such expenses are incurred, and shall 
be paid in the same manner as the per diem of such reporter Is paid. (Sup- 
plemental Supp. to Code, 1915, § 254a2.) 

Reporting Fee Taxed as Costs. A charge of six dollars per day for 
reporting in all cases, except where the defendant in a criminal case is 
acquitted, shall be taxed as part of the costs in the case by the clerk of 
the court and paid into the county treasury when collected. (Supp. to 
Code, 1913, §254a3.) 

Notes or Transcripts as Evidence. The original shorthand notes of the 
evidence, or any part thereof, heretofore or hereafter taken upon the trial 
of any cause or proceeding, in any court of record of this state, by the 
shorthand reporter of such court, or any transcript thereof, duly certified 
by such reporter, when material and competent, shall be admissible in cvi- 

34 



STATUTES Iowa 

dence on any retrial of the case or proceeding in which the same were 
taken, and for the purposes of impeachment in any case, and shall have 
the same force and effect as a deposition, subject to the same objections 
so far as applicable. It shall be the duty of any such reporter, upon de- 
mand by any party to any cause or proceeding, or by the attorney of such 
party, when such shorthand notes are offered in evidence, to read the same 
before the court, judge, referee or jury, or to furnish to any person when 
demanded a certified transcript of the shorthand notes of the evidence, of 
any one or more witnesses, upon payment of his fees therefor. When the 
reporter taking such notes in any case or proceeding in court has ceased 
to be the reporter of such court, any transcript made by him therefrom, 
and sworn to by him before any person authorized to administer an oath 
as a full, true and complete transcript of the notes of the testimony of the 
witness a transcript of whose testimony is demanded, shall have the same 
force and effect as though duly certified by the reporter of said court. 
When any exhibit, record, or document is referred to in such shorthand 
notes or transcript thereof, the identity of such exhibit, record or docu- 
ment, as the one referred to by the witness, may be proven either by the 
reporter, or any person who heard the evidence of the witness given on 
the stand. No portion of the transcript of the shorthand notes of the evi- 
dence of any witness shall be admissible as such deposition, unless it shall 
appear from the certificate or verification thereof that the whole of the 
shorthand notes of the evidence of such witness, upon the trial or hearing 
in which the same was given, is contained in such transcript, but the party 
offering the same shall not be compelled to offer the whole of such tran- 
script. (Id., § 245a.) 

Report of Trial — Certificate — Bill of Exceptions. In all appealable ac- 
tions triable by ordinary or equitable proceedings, any party thereto shall 
be entitled to have reported the whole proceedings upon the trial or hear- 
ing, and the court or judge shall direct the reporter to make such report 
in writing or shorthand, which shall contain the date of the commencement 
of the trial, the proceedings impaneling the jury, and any objections thereto 
with the rulings thereon, the oral testimony at length, and all offers there- 
of, all objections thereto, the rulings thereon, the identification as exhibits, 
by letter or number or other appropriate mark, of all written or other evi- 
dence offered, or by sufficient reference thereto, made in the report, to make 
certain the object or thing offered, all objections to such evidence, and the 
rulings thereon, all motions or other pleas orally made and the rulings 
thereon, the fact that the testimony was closed, the portions of arguments 
objected to, when so ordered by the court, all objections thereto with the 
rulings thereon, all oral comments or statements of the court during the 
progress of the trial, and any exceptions taken thereto, the fact that the 
jury is instructed, all objections and exceptions to instructions given by 
the court on its own motion, the fact that the case is given to the jury, the 
return of the verdict and action thereon of whatever kind, and any other 
proceedings before the court, judge or jury which might be preserved and 
made of record by bill of exceptions, and shall note that exception was 
saved by the party adversely affected to every ruling made by the court 
or judge. Such report shall be certified by the trial judge and reporter, 
when demanded by either party, to the effect that it contains a full, true 
and complete report of all proceedings had that are required to be kept, 
and, when so certified, the same shall be filed by the clerk and, with all 
matters set out or identified therein, shall be a part of the record in such 
action, and constitute a complete bill of exceptions. But on a trial before 
a jury it shall not be necessary to take down arguments of counsel or 

35 



Iowa SHOETHAND EEPORTERS 

Statements of the court, except his rulings, when not made In the presence 
of the jury. (Code of 1897, § 3675.) 

Exceptions to Instructions Noted. All Instructioii's requested or given 
shall be filed by the clerk and be a part of the record, and if the giving or 
refusal of an instruction is excepted to, it may be noted by the shorthand 
reporter, and no reason for such exception need be given. (Id., § 3707.) 

Note: The words "and no reason for' such exception need be given" are 
probably by implication, but not by direct reference, repealed by Ch. 289, 
Acts 35th G. A., 1913. 

Transcript Fees Taxed as Costs. The fees of shorthand reporters for 
making transcripts of the notes in any case or any portion thereof, as 
directed by any party thereto, shall be taxed as costs, as shall also the 
fees of the clerk for making any transcripts of the record required on 
appeal, but such taxation may be revised by the supreme court on motion 
on the appeal, without any motion in the lower court for the retaxation 
of costs. (Code of 1897, § 3875.) 

Transcript a Part of the Record on Appeal. The translation of the 
original notes of the shorthand reporter, certified by him to be true and 
correct, shall constitute a part of the record, and shall be sent up (to 
the Supreme Court) in its original form in lieu of a transcript thereof when 
a transcript of the evidence is required (As distinguished from an abstract 
as required by other sections — Ed.), and shall be returned to the clerk of 
the court of the proper county after the cause has been determined by the 
supreme court. (Id., § 4122.) 

Taxation of Costs in Supreme Court. The court shall also tax the costs 
of any translation of the shorthand notes filed as provided in this chapter, 
and also any translation of the shorthand notes which has been made of 
record in the court below, upon the certificate of the clerk of such court 
as to the amount of such costs. (Supp. to the Code, 1913, § 4142.) 

Same Provisions in Criminal Cases. All the provisions relating to the 
mode and manner of the trial of civil actions, report thereof, translation 
of the shorthand reporter's notes, the making such report and transla- 
tion a part of the record, and in all other respects, apply to the trial of 
criminal actions. (Code of 1897, § 5371.) 

SUPERIOR COURTS. 

Appointment — Duties — Compensation. The judge of each superior court 
may appoint a shorthand reporter. All provisions relating to shorthand 
reporters and their duties in the district court, in so far as applicable in 
every respe<it, shall govern, except the compensation shall not exceed five 
dollars a day for the time actually employed. (Code of 1897, § 275.) 

Exception — (Cedar Rapids). In all cities which are not county seats, 
having a population of 25,000 or more, in which superior courts are estab- 
lished, the compensation of the shorthand reporter in such court shall be 
eight dollars a day for the time actually employed. (Supp. to the Code, 1913, 
§ 280-d; Acts 34th G. A. (1911), Ch. 13.) 

MUNICIPAL COURTS. 

Appointment — Duties — Compensation. Each judge of the municipal court 
may appoint a shorthand reporter. All provisions relating to shorthand 
reporters and their duties in the district court, in so far as applicable, shall 
govern, except their compensation, which shall be six dollars per day for 
the time actually employed and shall be paid one-half by the county and 

36 



The Legality of the Adoption of the 

Report of the Committee on 

Rates and Charges 

(Some question having been raised concerning the legality of the 
course recommended in the report of the Committee on Rates and 
charges, read at the San Francisco Convention, the chairman of 
that Committee, Mr. G. W. Burgoyne has procured the following 
decision from Mr. John S. Miller of Chicago, an attorney of nation- 
wide reputation in such matters. ) 

Dear Sir: 

Replying to your request for my opinion upon the question whether 
the action of your Association in adopting the report, which you sent to 
me, of your Committee on Rates and Charges, is in violation of any statutes. 
Federal or State, I beg to say : 

As each of the states has its own statute against so-called trusts and 
monopolies, you have suggested to me that perhaps a consideration of the 
laws of Massachusetts, New York and Illinois, might suffice, in view cf the 
time that would be required to examine and consider the statutes of all the 
states. It will be necessary or convenient for me to consider the statutes 
of some of the other states also; and the statutes of the states so suggest- 
ed and considered, I think fairly well illustrate the character of, and for the 
most part, the provisions generally contained in statutes of that kind 
throughout the Union. The decisions of courts throughout the country 
upon the construction end application of such laws are not altogether uni- 
form or harmonious, nor is the state of decision upon them altogether set- 
tled or stable. This makes it necessary that lawyers express positive 
opinions upon such questions with some caution and reserve. 

My opinion thus expressed is that the action of your Association in 
adopting such report, as stated to me in your communications, is not in vi- 
olation of any of the statutes above referred to. 

1. The so-called Anti-Trust Statutes in question of the states refer- 
red to, and generally of the other states, with perhaps a few exceptions, 
are by their terms concerned with the manufacture, production and dealing 

in ARTICLES OF TRADE, MERCHANDISE OR COMMODITIES WHICH ARE BOUGHT 

AND SOLD. These terms do not expressly include labor or personal services 
and the trend of decision in the couits is that such statutes do not apply to 
or forbid agreements regulating or fixing or maintaining wages or charges 
for personal labor or services. The question has most frequently arisen 
with respect to agreements among members of labor unions, and it is set- 
tled in the courts of the states above mentioned, and I think generally by 
the modern decisions of the courts of the entire country, that agreements 
ai.ong workmen to fix, maintain or increase wages are lawful and proper. 
The cases where th s question has been considered and decided with respect 
to agreements fikmg or maintaining rates of charges for personal services 
entered into among others than members of labor unions are not numerous. 
I do not Fee, however, why, in construing and applying such statutes, the 
same rule does not apply generally to cases of fixing rates of charges for 



personal services in the exercise of anj' occupation or calling, and so to the 
case of the action of your Association in question. And there are some well 
considered cases in effect so holding. The Supreme Court of Iowa has held 
that an agreement, combination or understanding among physicians and 
surgeons to fix and maintain a scale of fees and charges for their profession- 
al services, was not within the Anti-Trust Act of that state or unlawful. 
Rohlf V. Kasemeier, 140 Iowa, 182. 

The Supreme Coiart of Minnesota has held that a rule adopted by the 
members of the Duluth Board of Tiade fixing the rates of commission to be 
charged by its members is not within the Anli-Trust law of that state but 
is lawful. In Queen Insurance Co. v. State, 80 Texas, 250, the Supreme 
Court of Texas recognized that, agreements among professional men to fix 
or maintain their rates of charge for their services, as well as among la- 
borers, was not within the Ann-Trust Act of that state or unlawful. I 
have found no decisions under the Anti-Trust Statutes of any state which 
lay down a different rule. Ii! 1892 the Supreme Court of Ilhnois, in the 
case of More v. Bennett, 41) ill., 63, held that an agreement among the 
members of an association of stenographers in the City of Chicago, to abide 
by and observe a schedule of rates lor stenographic work adopted by the 
as3ociation, was agai.Tst public po.icy and invalid and incapable of enforce- 
ment in the courts— the court there conceiving that the regulation by 
agreement of the prices for su:h services was obnoxious to the common law 
rule against restraint of trade. This decision has not met with favor in 
courts of some other states, and would seem to be inconsistent with the 
later decisions of the same court, upholding as lawful the agreements of 
workingmen to fix ar'd maintain and increase the wages for their services. 
That cuse, however, did not involve, nor did the court consider, any statute 
of the state against trusts or combinations in restraint of trade. It was 
not a criminal or penal case, and involved no question of ctiminal or penal 
liability, but involved the question whether a member of the association 
was liable in a civil suit to another member, for damages for violation of 
the agreement to observe the schedule of rates. I do not regard it as in 
conflict with the opinion I here express. 

2. I am also of the opinion that the action of your Association does 
not violate the Federal Anti-Trust Acts. In the first place, those acts are 
concerned only with interstate and foreign co nmerce; and if the reporting 
work or business in question of your members includes any interstate com- 
merce at all, it must be a small and inconsiderable part thereof. The fur- 
nishing of transcripts or copies thereof across state lines might, in some 
cases perhaps, be regarded as in some sense interstate commerce. But 
with respect to them, as I understand it, it is the labor expended in their 
production that is charged and paid for; and if there is any element of sale 
of an article or commodity at all, it must be trivial. The so-called Clayton 
Anti-Trust Act of October 14, 1914, provides that "the labor of a human 
being is i.ot a commodity or article of commerce", and that nothing con- 
tained in the Anti-Trust laws shall be construed to forbid the existence and 
operation of labor organizations instituted for the purposes of mutual help. 

Very truly yours, 

(Signed) JOHN S. MILLER. 



STATUTES Iowa 

one-half by the city as provided in this act. * * * The transcript fees 
paid reporters will be the same as in the district court, and may be taxed 
as part of the costs on appeal. (Supplemental Supp. to Code, 1915, § 694-c49.) 

GRAND JURY. 

Appointment — Compensation. In all counties having a population of 
more than 50,000 inhabitants, the court, may, if it deems necessary, appoint 
as clerk of the grand jury a competent shorthand reporter, and such clerk 
shall receive such compensation as may be fixed by the court at the time 
of the appointment, but said compensation, in counties having a population of 
less than 75,000 inhabitants shall not exceed four dollars per day for each 
day actually and necessarily employed in the performance of the duties 
herein defined. In all counties having a population or more than 75,000 
inhabitants, such clerk shall receive as compensation an annual salary 
of $1,500. (Supp. to the Code, 1913, § 5256; Acts 35th G. A. (1913), Ch. 313.) 

CORONER. 

Appointment — Compensation — Oath, For the purpose of preserving the 
testimony of such witnesses, and all acts and doings of the coroner and 
jury, the coroner may appoint a shorthand reporter at a compensation not 
to exceed fifty cents per hour, for time actually employed in any inquest 
or investigation, and for extending the notes, and when such reports are 
extended into longhand by the said shorthand reporter and certified to 
by the coroner and said reporter to the effect that they contain a full, 
true and complete report of all proceedings, they shall be the official 
record of the said inquest or investigation. The said shorthand reporter 
shall before entering upon his duties as such reporter, take an oath to be 
administered by the coroner, that he will faithfully take down in shorthand 
the evidence as it is given by the witnesses at such inquest or investiga- 
tion, and that he will correctly extend the same into longhand. (Supp. 
to the Code, 1913, § 520.) 

PRELIMINARY HEARINGS. 

Appointment — Cost Paid by Parties. By agreement of the parties or 
their attorneys, the magistrate may order the examination taken down in 
shorthand and certified substantially in the manner provided for taking 
depositions by a, stenographer, but the cost thereof shall not be taxed against 
the county. (Code of 1897, § 5227.) 

DEPOSITIONS. 

May Be Taken in Shorthand. The deposition may be taken in short- 
hand, in which case the certificate of the person taking it on notice or 
commission must show that the testimony of the witness was correctly 
taken down in shorthand, and was correctly extended, and that the notes 
of his testimony or such extension thereof was read over to the witness, 
and signed by him and sworn to, if within the state before a person author- 
ized to administer oaths, and if without the state one of the persons author- 
ized to take depositions outside of the state, and such extension, together 
with the shorthand notes, if signed and sworn to, must be returned as 
the deposition. Any one taking depositions In shorthand shall first take 
and subscribe an oath to take down and transcribe correctly such testi- 
mony, and shall certify that his translation thereof is full, true and com- 
plete. (Code of 1897, § 4702.) 

37 



Iowa SHORTHAND REPOETEBS 

REFEREES. 

Appointment— Bill of Exceptions Unnecessary. The referee shall sign 
any true bill of exceptions taken to any ruling by him made in the case 
upon the demand of either party, who shall have the same rights to obtain 
such bill as exists in the court, which bill shall be returned with the 
report, but no bill of exceptions is necessary to preserve or make of record 
any matter taken or noted down by the official shorthand reporter of the 
court, or one appointed by it or the referee, or agreed upon by the parties, 
and whose report is certified by such reporter and referee to be a full and 
true report of all the proceedings had, which shall be filed with the referee's 
report, and the whole be a part of the record. Said reporter shall be gov- 
erned by the law relating to official reporters. (Code of 1897, § 3742.) 



KANSAS 

DISTRICT COURTS. 

Appointment — Term. The judges of the district courts of the state of 
Kansas may each, in his discretion, appoint a stenographer, who shall act 
as official reporter and be a sworn officer of the court, and shall hold his 
office during the pleasure of the judge appointing him. (Gen. Stats., 1909, 
§ 2400.) 

Qualification — Examination — Certification. No person shall be appointed 
to position of official reporter of any court in this state without first being 
examined as to his competency by at least three members of the bar, 
practicing in said court, such members to be designated by the judge of 
said court. The committee of members of the bar so designated shall, 
upon request of the judge of said court, examine any person as to his quali- 
fications whom said judge may wish to appoint as official reporter; and 
no person shall be appointed to such position upon whose qualifications 
such committee shall not have reported favorably. The party examined' 
must write, in the presence of said committee, at the rate of at least one 
hundred and fifty words per minute for five consecutive minutes, upon 
matter not previously written or known to him. If he pass such examina- 
tion satisfactorily, the committee shall furnish him with a written certifi- 
cate of the fact, signed by a majority of the members of the committee, a 
copy of which certificate shall be filed among the records of the court in 
each judicial district. (Id., § 2401.) 

Oath. Before entering upon the duties of his office, such stenographer 
shall take and subscribe the official oath prescribed by law, which oath 
shall be administered by the judge of said court. (Id., § 2402.) 

Duties — Not to Act as Attorney. It shall be the duty of any stenog- 
rapher so appointed to attend upon the court at each term, when required 
by the judge thereof, and to take, under the direction of the judge of the 
court, full stenographic notes of the evidence and oral proceedings in every 
case tried in said court that the judge thereof shall direct, or any party 
thereto may request. Said stenographer shall file the original notes taken 
in each case in such place as by the court directed, and said notes shall be 
at all times under the direction of the judge of said court, and said 

38 



STATUTES Kan. 

stenographer shall turn over to his successor In office all such original 
notes; and it shall be the further duty of said stenographer to furnish to 
either party to such action, wherein the testimony or proceedings are 
so taken, a transcript of all or any part of said testimony or oral proceed- 
ings, upon the payment to him of the fee hereinafter prescribed. No 
authorized appointed stenographer for the district court shall appear or 
advise as attorney or counselor in any case in any court within the 
state of Kansas. (Id., § 2403, as amended by Laws 1915.) 

Compensation and Fees. Court stenographers for the district court 
shall be allowed as compensation for their services a salary of twelve hun- 
dred dollars per annum, payable from the state treasury in monthly install- 
ments at the close of each month. A stenographer's fee of two dollars 
shall be taxed as costs for each day during trial in each and every case 
wherein such stenographer is used, which stenographer's fee of two dollars 
shall, when collected as costs by the district clerk, be paid into the state 
treasury in quarterly installments at the close of each quarter. Court 
stenographers shall also be allowed to receive the sum of eight cents per 
folio of one hundred words for each and every transcript and three cents 
per folio for carbon copies, which sum of eight cents per folio shall be paid 
in all cases by the party ordering the same: Provided, That the party 
paying for such transcript may, by attaching to them the receipt of such 
stenographer, have the amount paid for such transcript taxed as costs in 
the court to which said cause is taken by appeal or on petition in error, 
which said costs of said transcript shall be taxed to and be paid by the 
losing party in said court to which said cause is taken; Provided, That 
this section shall not apply to any court stenographer whose compensation 
may be otherwise provided for without the payment of any part thereof 
from the state treasury. (Id., § 2404.) 

Report to Auditor. That when the quarterly remittances of stenog- 
raphers' fees by the clerks of district courts of this state are forwarded 
to the treasurer of state, as provided by law, it shall be the duty of said 
clerks to make a formal certified report of said fees to the auditor of state. 
Said report shall show what fees have been collected, by whom paid, and 
the amount remitted to the treasurer of state. When no fees have been 
collected during any quarter, it shall be the duty of the said clerk to make 
certified reports to that effect to the auditor of state. (Id., §§ 2405, 2406.) 

Transcripts as Evidence. That the transcript of notes of any duly 
appointed court stenographer of any proceedings taken by such stenographer 
in any court of record in the state of Kansas which shall thereafter be 
transcribed by such stenographer, and thereafter verified by his affidavit 
as being a full and true transcript of the notes taken by him at any trial 
or other legal proceeding before such court of record, or certified by him 
to be a true copy of all the evidence of any witness or witnesses used and 
examined in any such legal proceedings before a court of record, may be 
introduced in evidence by any party desiring to use the same under like 
circumstances and with like effect as the deposition of such witness or 
witnesses (Id., § 2407.) 

Penalty for Making False Certificate. If any court stenographer shall 
purposely and falsely certify to or shall falsely verify his notes, or omit 
from his notes any portion of the proceedings relating to the matter called 
for by the party desiring to use the same, he shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine of not more than five hun- 

39 



Kan. SHORTHAND REPOBTERS 

dred dollars, or imprisonment in the county jail for not more than six 
months, or by both such fine and imprisonment, in the discretion of the 
court. (Id., §2408.) 

WYANDOTTE COUNTY— 29th Judicial District, and Court of Common 
Pleas of Wyandotte County. 

Note: Official reporters are provided for these courts by Chapter 122, 
Laws of 1899, which act is similar to the general law above set out, except 
as to qualifications and compensation. Such reporters must be able, in an 
examination before the committee appointed for that purpose, to write at the 
rate of one hundred seventy-flve words per minute for five consecutive min- 
utes, and to correctly read and transcribe the same. As to compensation, 
such reporters are governed by the following act: 

Compensation. The official reporters of the district court and court of 
common pleas in judicial districts consisting of one county and now 
having or hereafter acquiring 100,000 inhabitants shall each receive a salary 
of twelve hundred dollars per annum, payable from the state treasury in 
monthly installments at the close of each month; and in addition thereto 
shall receive not to exceed the sum of fifty dollars per month payable out 
of the county treasury of said county, as the salaries of county officers 
are paid; they shall also receive the sum of ten cents per folio of one 
hundred words for each and every transcript furnished, which shall be 
paid by the party ordering the same; provided, that for each transcript 
ordered and paid for by a party to a suit the receipt of such official reporter 
for the fees so paid may be filed with the clerk of the court and the amount 
thereof shall be taxed as a part of the costs in said cause and paid by the 
losing party. (Laws of 1911, Ch. 154, § 1.) 

SHAWNEE AND SEDGWICK COUNTIES. 

Note: The general act given above applies to these counties, except as 
below: 

Appointment — Compensation — Duties. The judge of each division is 
authorized to appoint for his division, a stenographer in the manner now 
provided for district courts, who shall have the same qualifications as are 
now provided for by law, and shall receive a salary of $1,200.00 per annum, 
payable monthly by the state, and $600.00 per annum, payable monthly by 
the county, and such fees for making all transcripts as are now provided 
by law, and in addition to his duties as court stenographer, such stenog- 
rapher shall also perform, without extra compensation, the duties of a 
docket clerk as hereinafter provided. (Laws of 1911, Ch. 151, § 8.) 

Duties — To Act as Docltet Clerk. In all counties having a district court 
of two divisions, as herein provided, the court stenographer for each 
division shall be appointed, by the judge of such division, the deputy clerk 
of the district court, who shall, under the direction of the clerk of the 
district court, perform the duties of the docket clerk of such division, and 
who shall take the oath and give such reasonable bond as may be required 
by the clerk of the district court (Id., § 9.) 

APPEALS. 

Transcript of Notes of Evidence. Either party to any case tried in a 
court of record having an official stenographer may direct such stenographer 
to transcribe and certify to the correctness of all of the stenographer's 
notes of the testimony and proceedings in the case, or any such part as 

40 



STATUTES Kan. 

such party may designate, and such transcript shall be made, certified 
and filed with the clerk of such court on payment to such stenographer 
by the party ordering the same of the costs of such transcript, and such 
transcript shall thereupon become a part of the record in the cause, sub- 
ject to amendment and correction by the trial court or judge. (Gen. 
Stats., 1909, § 6169.) 

REFEREES. 

Court Stenographer May Be Required to Attend. A trial before referees 
is conducted in the same manner as a trial by the court. He may require 
the court stenographer, when not otherwise engaged, to attend, take and 
transcribe the testimony in the case. (Id., § 5894.) 

GRAND JURY. 

Appointment — Duties — Compensation. Every duly Impaneled grand jury 
may appoint a stenographer, who at the direction of said grand jury shall 
take in shorthand the evidence given before said grand jury and shall 
transcribe the same when so directed by the grand jury; said transcript 
together with the minutes of said meeting shall be given to the prosecuting 
attorney of the proper county. Such stenographer shall receive five dollars 
per diem for the time actually employed as full compensation for his 
services, to be paid by the county. (Laws 1915, c. 192.) 

CITY COURTS. 

Sliorthand Report, Any party litigant in said court who may so desire, 
upon paying the expense thereof, may have the evidence in the case taken 
in shorthand. The stenographer taking the same shall be approved and 
sworn by the judge of said court, and when so approved and sworn a 
transcript of the evidence so taken by such stenographer shall be the 
official record of the evidence. (Laws 1915, c. 196, § 6.) 



41 



KENTUCKY 

CIRCUIT COURTS. 

Note: See as to Stenographer in courts of continuous session, Stata. 
1915. 1019a. 

Appointment — Qualifications — Term — Removal. The judges of the cir- 
cuit court of each judicial district of this commonwealth, or the judge of 
any division of said court, may, in his discretion, appoint an official steno- 
graphic reporter for such court or division, and if said judicial district 
embraces more than one county, he may appoint an official stenographic 
reporter for each county or any counties in his district, who shall be 
skilled in the profession, and who shall hold office for a period of four 
years, or until his successor is appointed and qualified, unless sooner 
removed at the pleasure of the judge of said court or division, or for other 
cause shown as hereinafter provided. (Stats. 1915, § 4637; Act of July 13, 
1893, as amended by act of Feb. 28, 1902.) 

Oath. Said reporter, before entering upon the discharge of his duties, 
shall take an oath before the judge of the court or division for which said 
reporter is appointed to faithfully discharge the duties of such stenographic 
reporter. (Id., § 4638; Act of July 13, 1893.) 

Report of Civil Trial Made When Requested — Transcript — Carbon Copy. 
Upon any trial or proceeding in any civil case in said court or division, if 
either party to the suit, or their attorney, shall request the services of said 
reporter, or if, in the opinion of the presiding judge, the testimony should 
be preserved, the presiding judge shall direct such reporter to make a full 
report of the testimony heard therein, whereupon it shall be the duty of 
the reporter to take full stenographic notes of such testimony, and upon the 
motion of either party to the suit or proceeding or their attorney, to cause 
a full and accurate transcript of the same to be made, which shall be filed 
among the papers to be used in making up the bill of exceptions to the 
court of appeals, and at the same time shall cause a full and accurate 
carbon copy of the transcript of testimony to be made, which copy shall 
be filed with the papers, and remain in the office of the clerk of the court 
as a public record. And for said carbon in civil and criminal cases, the 
reporter shall be allowed one-fifth the amount he is allowed for the original, 
to be paid for in the same manner as the original. (Id., § 4639; Act of July 
13, 1893, as amended by act of Feb. 28, 1902.) 

Report of Criminal Trial IWade Wlren Requested — ^Transcript — Criminal 
Court in Jefferson County (Louisviiie). Upon the trial of any criminal 
proceedings In said court, if the Commonwealth's attorney or the accused, 
through his attorney, shall request the services of said reporter, the presid- 
ing judge may, in his discretion, order a full report of the testimony and 
a transcript thereof, and a carbon copy of said transcript, which carbon 
copy shall remain in the office of the clerk of the court as a public record, 
whereupon it shall be the duty of said reporter to take full shorthand notes 
of such testimony and to make such transcript thereof as he may be directed 
to make by the judge of the court: Provided, however, that in counties 
having a population of one hundred and fifty thousand or more, the reporter 
of the criminal branch of the circuit court shall take the proceedings in 
shorthand in all cases tried or called for trial in said court, embracing 
preliminary motions, rulings of court, examination of jurors, testimony and 
arguments of counsel. Which transcript may be used in making up the 
bill of exceptions to the court of appeals. (Id., § 4640; Act of July 13, 
1893, as amended by act of March, 1904, p. 308.) 

42 



STATUTES Ky. 

In Equity Cases — Transcript. In any equity suit or proceeding pending 
In such court or division, -where testimony Is to he taken, If- either of the 
parties to the suit or proceeding, or their attorney, shall suggest, the presid- 
ing judge may, in his discretion, direct such testimony to be taken by the 
reporter, in which case It shall be the duty of said reporter to take the testi- 
mony in shorthand, and to cause a full and accurate transcript of the same 
to be made, and filed among the papers of the case. (Id., §4641; Act of 
July 13, 1893.) 

Compensation — Per Diem — Transcript Fees — Criminal Court Jefferson 
County (Louisville). The fees of said reporters appointed under the pro- 
visions of this act, when serving in criminal cases in any of said courts, 
shall be fixed by the presiding judge thereof, not, however, to exceed five 
dollars per day for taking stenographic notes, and fifteen cents per one 
hundred words for the transcript thereof, which fees shall be paid upon the 
order of the presiding judge of said court, by the county in which said cir- 
cuit court is situated, if the same is ordered by the court for the use of the 
Commonwealth's attorney. If the transcript of the notes of said reporter 
in any criminal case is ordered by the presiding judge upon the motion of 
the defendant, or his counsel, the defendant shall be required to pay for the 
same, if, in the opinion of the court, he is able to do so. If it shall appear 
that the defendant is not able to pay for such transcript, the court may 
direct the same to be paid for as heretofore provided, and the same may 
be recovered at any future time from the defendant: Provided, That the 
amount paid by the county in such cases shall not exceed twelve hundred 
dollars per annum: Provided, however. That in counties having a popu- 
lation of one hundred and fifty thousand or more, the reporter of the crim- 
inal branch of the circuit shall receive a salary to be fixed by the presid- 
ing judge of said branch of said court, not exceeding, however, the sum of 
twenty-five hundred dollars, per annum, and shall receive no other com- 
pensation from the county for such services: And Provided, Further, That 
no part of the fees or salary of said reporter shall be paid by the Common- 
wealth. The fees of said reporter, when serving in civil cases in any of 
said courts or divisions, shall be fixed by the presiding judge thereof, not, 
however, to exceed five dollars per day for taking stenographic reports 
and fifteen cents per hundred words for the transcript thereof, which shall 
be paid forthwith by the party or parties in whose behalf such reports or 
transcript is ordered, and shall be taxed as a part of the costs of the suit 
or proceeding: Provided, however, That said reporter shall not be required 
to file any of said transcripts without payment therefor by the party or 
parties in whose behalf the same is ordered: Provided, however. Further, 
That the presiding judge of said court or division may direct said reporter 
to file a transcript upon the motion of any party suing in forma papueris. 
(Id., § 4642; Act of July 13, 1893, as amended by act of March, 1904, p. 308.) 

Transcript Used in Subsequent Trial if Witness Absent — Exception. 

The testimony of any witness or witnesses taken by said reporter In any 
court or division as aforesaid shall constitute a part of the record of the 
case, and may, in the discretion of the presiding judge, be used in any 
subsequent trial of the same case between the same parties, where the 
testimony of such witness or witnesses cannot be procured, which fact must 
be made to appear satisfactorily to the court by the affidavit of the party de- 
siring to use the same, or his attorney: Provided, That in criminal cases such 
testimony shall be so used only upon the consent of the defendant. (Id., 
§ 4643; Act of July 13, 1893.) 

43 



Ky. SHOETHAND EEPORTEBS 

Transcript Used upon Appeal Without Being Copied. Any of said tran- 
scripts of testimony made by sucli reporter, as aforesaid, wlien attested by 
the judge before whom the trial was had, may be taken, without being 
copied, to the court of appeals, to be used upon an appeal, and thereafter 
returned to the court in which it was made. (Id., §4644; Act of July 
13, 1893.) 

Removal— Penalty for IMisconduct. If said reporter shall prove to be 
incompetent, or shall fail to perform, in whole or in part, faithfully the 
duties, obligations and labors enjoined upon him in this act, he shall at 
once be removed by the judge of such court or division upon the applica- 
tion of any responsible person, showing good cause therefor by competent 
evidence; and if said reporter shall be guilty of any willful or corrupt 
misconduct or neglect in the discharge of any of the duties, obligations 
or labors required to be by him performed by any of the provisions of this 
act, he shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by a fine not exceeding five hundred dollars, or 
by imprisonment in the county jail not exceeding six months. (Id., § 4645; 
Act of July 13, 1893.) 

COURTS OP CONTINUOUS SESSION. 

Appointment — Term. Each judge of a circuit court of continuous ses- 
sion in counties having a population of less than one hundred and fifty 
thousand, and which county constitutes a separate judicial district, may, 
in his discretion, appoint a stenographic reporter for such court, who shall 
hold office for a period of four years, or until his successor is appointed and 
qualified, unless such reporter is sooner removed by the judge of said 
court for neglect of duty, misbehavior in oflice or incompetency. (Stats. 
1915, § 1019al; Act of March 29, 1902.) 

Oath — Record of Appointment. Said reporter, before entering upon 
the discharge of his duties, shall take an oath before the judge of said 
court to faithfully discharge the duties of his oflBce. The appointment of 
said reporter, and the fact of his having qualified, shall be spread upon the 
order-book of the court for which he is appointed. (Id., § 1019a2.) 

Duties. Said reporter shall attend all sessions of said court from day 
to day, unless he is excused from such attendance by an order of the court; ■ 
and said reporter shall, under the control and direction of said court, take 
stenographic notes of oral evidence in criminal and penal prosecutions and 
ordinary actions tried in said court, and in any action, prosecution or pro- 
ceeding in said court which the court may direct. (Id., § 1019a3.) 

Substitute. In the absence of said reporter or when, for any reason, 
he does not or cannot act, the court may appoint another person to act as 
stenographic reporter, and the acts of the person so appointed shall have the 
same effect for every purpose as if done by the stenographic reporter. 
(Id., §1019a4.) 

Transcripts on Order of Court. Said reporter, when required by an 
order of the court, shall make a transcript of his notes taken in any action, 
prosecution or proceeding, and shall file said transcript in the clerk's ofl5ce 
of the court for which said reporter has been appointed. (Id., § 1019a5.) 

Testimony of Absent Witnesses. The testimony of any witness taken 
by said reporter may, in the discretion of the court in which it is taken, 
be used as evidence in any subsequent trial of the same issue between the 
same parties, where the testimony of such witness cannot be procured; 

44 



STATUTES Ky. 

but the testimony so taken shall not be used in any criminal case except 
with the consent of the defendant. (Id., § 1019a6.) 

Compensation — Salary and Transcript Fees, How Paid. Said reporter 
shall receive for his services in taking stenographic notes a salary of not 
more than one thousand dollars per annum, to be fixed by the fiscal court 
of the county in which the court appointing said reporter is held, and to be 
paid in monthly installments by said county. For making transcripts us 
evidence taken by him, said reporter shall receive twenty-five cents per 
page original copy and ten cents per page for each duplicate thereof, said 
pages to average not less than thirty lines of not less than eleven words 
each. In civil actions or proceedings the fees of making any transcript 
or duplicate shall be paid by the party upon whose motion such transcript 
or duplicate is made, such fees to be taxed as a part of the costs in the 
case. In criminal cases the fees for making transcripts and duplicates 
shall be paid by the county in which the court is held, whenever said 
transcript and duplicate are made upon the motion of the Commonwealth. 
If such transcript or duplicate is made upon motion of the defendant in 
a criminal case, such defendant shall pay the fees therefor, unless the court 
is satisfied that he is unable to do so, in which event such fee shall be 
paid by said county. (Id., § 1019a7.) 

Transcript Used on Appeal. The transcript or duplicate made by the 
reporter and filed in the clerk's office, when certified by the court to be 
correct, may be used in the court of appeals as part of the record in the 
action or prosecution in which the notes from which it has been transcribed 
were made. (Id., § 1019a8.) 

COUNTY JUDGE— Stenographer for. (Jefferson County.) 

Appointment — Term. In all counties in this Commonwealth having a 
population of two hundred thousand or over, there is hereby created the 
office of Stenographer to the County Judge; said stenographer shall be 
appointed by the county judge for a term of four years, but may be removed 
at any time by said county judge. (Stats. 1915, § 1061a; Acts of 1914, 
Oh. 43, § 1.) 

Duties. It shall be the duty of said stenographer to do stenographic 
work and typewriting for said county judge; and said stenographer shall 
perform such other duties as may be assigned to him by said county 
judge. (Id., § 2.) 

Power to Administer Oaths. Said stenographer, by virtue of his 
office, shall have the same power of administering an oath as a Notary 
Public (Id., §3.) 

Salary. The salary of said stenographer shall be fixed by the county 
judge, not to exceed $900 per annum, payable out of the county levy in 
equal monthly installments. (Id., § 4.) 

GOVERNOR— Stenographer For. 

Appointment — Salary — Term. The Governor of the Commonwealth of 
Kentucky is hereby empowered to employ a stenographer for his own 
use, at a salary not exceeding fifteen hundred dollars per annum, pay- 
able monthly in installments of one hundred and twenty-flve dollars 
each out of the treasury of the state, upon the Auditor of Public Accounts. 
Said Stenographer shall be subject to removal at the pleasure of the 
Governor. (Stats. 1915, § 4645a.) 

45 



LOUISIANA 

DISTRICT COURTS— EXCEPT THE PARISH OP ORLEANS. 

Appointment — Qualifications — Duties — Compensation, The clerks of 
the various district courts of the state, the parish of Orleans excepted, are 
authorized to employ, with the approval of the district judge, a shorthand 
reporter, male or female, to report and transcribe the testimony taken 
in open court, or in chambers, in appealable civil cases before the district 
courts of the state. The district judge shall not disapprove such appoint- 
ment except for incompetency, intemperance or bad moral character, and 
such cases shall be subject to judicial review. Such stenographers shall 
file with the clerk of the court within ten days from taking evidence, a 
transcript thereof. A charge of fifteen cents a folio shall be allowed to 
be taxed as costs. The clerks of the district courts shall be responsible on 
their official bond for all damages arising from negligence of such stenog- 
raphers. If the clerks should refuse or neglect to employ a shorthand 
reporter, the judges of the district court may, in their discretion, appoint 
for their respective districts a shorthand reporter, who shall be sworn and 
take and transcribe the testimony in all appealable civil cases, and who 
shall give bond in favor of such judge in the sum of one thousand dollars 
to faithfully perform the duties of his oflice, which bond shall be approved 
by the district judge and recorded in the mortgage book of the parish or 
parishes for which such shorthand reporter is appointed, and the pay of 
such stenographer shall be the same as that of a stenographer appointed 
by the clerk. Such reporters shall be entitled to collect their charges in 
the same manner as is provided by law for the payment of costs. No 
stenographer shall, however, take testimony in any case unless some party 
to the suit requests him. (Rev. Laws, 1904, p. 936.) 

Transcripts — Three Carbons Witliout Extra Charge. In all civil and 
criminal cases wherein a note of evidence is taken and same is appealable to 
the Supreme Court of the State of Louisiana, the stenographer shall, in 
transcribing his notes, make an original and three carbons, and shall 
deliver the original and three carbons into court or to the clerk of the 
court of the parish in which the case is being tried, including the Parish 
of Orleans, within ten days as now required by law, and the said carbons 
shall be furnished without extra charge. (Act No. 79 of the year 1912; 
Marr's Stats. 1915, § 6746.) 

Cleri<s' Transcripts in Triplicate. The clerks of the district courts of 
the various parishes throughout the state, including the Parish of Orleans, 
without extra charge shall make all transcripts of appeal to the Supreme 
Court in triplicate; that where a note of evidence has been taken in the 
case, a copy of the note of evidence shall be embraced in each triplicate copy 
of the record, and the whole as thus made up shall be forwarded to the clerk 
of the Supreme Court of Louisiana, who shall file the triplicate copies and 
preserve the same for the use of the court. (Act No. 80 of the year 1912.) 

Note: While Act No. 80, supra, became a law, the accompanying act pro- 
viding- that three or more judges of the Supreme Court might decide cases, 
and so certify, failed of passage. 

CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS. (City of 

New Orleans.) 

Five Reporters — Compensation — Expenses. There shall be five oflicial 
shorthand reporters for the Civil District Court for the Parish of Orleans, 

46 



STATUTES La. 

each of whom shall receive a salary of thirty-six hundred dollars a year, 
and each of whom shall upon his signed statement be reimbursed for the 
actual expenses incident to the transcription and delivery of the testimony 
taken under the provisions of this act, provided that in no event shall 
the said expense exceed one hundred dollars per month; and the salary 
of the said shorthand reporters, and the payment of the said expenses, as 
herein provided, shall be made from the judicial expense funds for the 
Parish of Orleans, provided that persons holding the ofiSce of school director 
may be appointed under this act. (Act No. 141 of the year 1914, §1; pro- 
mulgated July 17, 1914; Marr's Stats., 1915, § 6755.) 

Appointment — Oath. Each of the said five shorthand reporters shall be 
appointed by the judge of the division of the Civil District Court wherein 
the said shorthand reporter shall serve, and each shall be sworn for the 
faithful performance of his duties. (Id., § 2; Id., § 6756.) 

Duties — Reporting Fee Paid by Litigants. It shall be the duty of 
the shorthand reporters so appointed to report all testimony taken in open 
court, or in chambers, and in all such other proceedings or places as in 
the opinion of the court may be necessary. It shall be the duty of the 
said shorthand reporters, after taking the testimony down in shorthand, 
as hereinbefore provided, to deliver to the clerk of the court within fifteen 
days after the taking of the said testimony, a transcript of same, printed 
or typewritten in legible form, together with the number of copies as is 
now provided, or may hereafter be provided by law, and the said tran- 
script and copies shall be properly numbered and docketed under the title 
of the cause in which the said testimony was taken. Provided further, that 
before the trial of each case the plaintiff and the defendant shall each pay 
to the clerk of the Civil District Court the sum of five dollars, which shall 
be the only cost charged to litigants for the use of said shorthand report- 
ers, and which said amounts so collected by the said clerk shall be paid 
by him into the judicial expense fund. (Id., § 3; Id., § 6757.) 

Subsrtitute Reporter. The shorthand reporters so appointed shall have 
the right at any time to designate a competent person in his place and 
stead, such person to be satisfactory to the judge, to perform the duties 
therein required, such employment to -be merely temporary and the said 
substitute to be paid for his said services by the official shorthand reporter, 
out of the compensation herein provided for; provided that, in the event 
of the illness and consequent inability of the oflBcial reporter to act, the 
judge shall designate a reporter ad hoc, whose employment shall be tem- 
porary, and who shall be paid out of the judicial fund such reasonable 
compensation for his services as may be fixed by the court. (Id., § 4; 
Id., § 6758.) I 

Note: See case of Rapier v. Guedry at 3B of this Digest in re above act. 
No appointments have been made under the Act of 1914 and reporters are 
still working under the old law, as follows: 

Appointment — Qualifications — Oath — Bond — Duties — Compensation^Tax- 
ation of Fees. The judge of each district court for the parish of Orleans, 
wherein civil actions are tried, shall appoint one competent shorthand re- 
porter, capable of reporting at the rate of one hundred and fifty words a 
minute, who shall be sworn as an officer of the court, and shall file a bond in 
the sum of one thousand dollars, for the faithful performance of his duties, 
which bond shall be filed in the offica of the secretary of state. The judge 
of any district court in the state outside of the parish of Orleans may, in his 
discretion, in any particular case appoint a shorthand reporter to take the 

47 



La. SHOETHAND EEPOETBRS 

testimony in such cases upon application of all parties to the suit or their 
counsel. Such reporter shall report the testimony and proceedings and 
furnish and file in court within ten days of the taking of the same a tran- 
script of the testimony. Such reporter shall be entitled to charge for each 
folio of transcript thirty-five cents, to he charged as costs, provided the em- 
ployment of such stenographer be not obligatory when either party agrees to 
dispense therewith. Such reporter shall be entitled to collect his fees from 
the plaintiff in a suit on a sworn statement of the correctness of the charge, 
approved by the judge, to be taxed as part of the costs of the suit, and shall 
be payable in the same manner as other costs in the district courts of the 
state. (Rev. Laws 1904, page 946; Marr's Stats., 1915, §§ 6747, 6751.) 

Reporters by Contract — Oath. When no one will accept the position of 
shorthand reporter in the civil district court for the parish of Orleans, the 
parties may procure by contract the services of a shorthand reporter, in which 
case the court shall swear him to faithfully perform his duties, but no party 
shall be compelled to have notes of evidence or testimony taken by a short- 
hand reporter. (Rev. Laws 1904, page 947; Marr's Stats., 1915, §§ 6752, 6753.) 

CRIMINAL DISTRICT COURTS FOR THE PARISH OF ORLEANS. 

Appointment — Oath — Duties — Reporting Grand Jury. There shall be 
two official stenographers at a salary of twenty-four hundred dollars a year 
each, for the Criminal District Court for the Parish of Orleans, one for each 
section of the court, to be appointed and sworn by each of the presiding 
judges respectively. It shall be their duty, under the "direction of the clerk 
of the Criminal District Court, to prepare and make up the transcripts of all 
appeals taken from the judgments of the Criminal District Court for the 
Parish of Orleans, to report the proceedings in the trial of all capital cases 
and felonies where the punishment may be imprisonment at hard labor for a 
term exceeding five years, and in such other proceedings as in the opinion of 
the court may be important and necessary. They shall also be required by 
the court on the application of the prosecuting officer or foreman of the 
Grand Jury, to report the testimony in any particular case before the Grand 
Jury; his notes of said testimony and the copy thereof shall be filed with the 
secret archives of the court to he used in the interest of public justice, subject 
to its orders. (Act No. 64 of the year 1912, § 1; Marr's Stats., 1916, § 6759.) 

PERSONS UNABLE TO PAY COSTS. 

Certain persons are given the right to the use of the courts of Louisiana 
without the payment of costs, and without giving a bond for costs. This act 
extends to the services of official stenographers, provided that no officer shall 
be required to incur any cash outlay. The judges are directed to restrict 
the provisions of this act to such persons as are clearly entitled to it, and the 
fomentation of litigation by the indiscriminate resort to this act is to be 
avoided. Suits for divorce or separation from bed and board are especially 
excepted from the provisions of this act. In case a party availing himself 
of the privileges of this act recovers judgment against the opposite party, all 
such costs are made a lien on said judgment, and are first payable to the 
officers entitled thereto before any of said judgment is payable to the pre- 
vailing party. Defendants in criminal cases, after conviction, whose cir- 
cumstances bring them within the provisions of this act, may avail them- 
selves of it. (Act No. 156 of the year 1912.) 

48 



BTATtTTES La. 

CITY CRIMINAL COURTS OP THE CITY OF NEW ORLEANS. 

Appointment — Term — Oath — Compensation — Duties — Transcript as Evi- 
dence. The judges of the first and second city criminal courts of the city 
of New Orleans shall appoint an official stenographer, removable at their 
pleasure, who shall be sworn to fulfill the duties of his office. He shall receive 
fifteen hundred dollars a year, payable in monthly installments by the city 
of New Orleans, and he shall also be a deputy clerk. He shall take verbatim 
notes of the testimony in cases heard before said court, but his notes need 
not be transcribed except in cases on appeal, or when the case is remanded or 
comes before the criminal district court, or when the court orders the tran- 
scription in the interest of justice. When transcribed it shall be certified to 
by the stenographer, and signed by the judge, and when so signed and certified 
may be used in any subsequent judicial proceeding in case of the death or 
absence of the witness from the state. (Rev. Laws 1904, page 956, § 2.) 



49 



MAINE 

SUPREME JUDICIAL AND SUPERIOR COURTS. 

Appointment — Oath — Duties — Compensation. Any justice of the Supreme 
Judicial Court and either justice of the Superior Courts, may appoint a 
stenographer to report the proceedings thereof, who shall he an officer of the 
court, and be sworn to a faithful discharge of his duty. He shall take full 
notes of all oral testimony, and other proceedings in the trial of causes, in- 
cluding the charge of the justice and all comments and rulings of said justice 
in the presence of the jury during the progress of the trial, as well as all 
statements and arguments of counsel addressed to the court, and furnish 
for the use of the court or any party interested, a fair, legible, longhand copy 
of so much of his notes as may be required. He shall also furnish a copy of so 
much of the evidence, and other proceedings, taken by him, as either party 
to the trial requests, on payment therefor by such party at the rate of ten 
cents for every hundred words. The stenographer appointed by the chief 
justice of the supreme judicial court shall also perform such other official 
and clerical services as may be required of him by the chief justice in term 
time or vacation. (Rev. 1903, Ch. 84, § 161.) 

Transcripts as Evidence. Whenever it becomes necessary, in any court 
in the state, to prove the testimony of a witness at the trial of any former 
case in any court in the state, the certified copy of the notes of such testimony, 
taken by the stenographic reporter at the court where said witness testified, 
is evidence to prove the same. (Id., § 162.) 

Taxation of Fees. Any amount legally chargeable by stenographic court 
reporters, for writing out their reports for use in law cases, and actually paid 
by either party, whose duty it is to furnish them, may be taxed in the hill of 
costs and allowed against the losing party, as is now allowed for copies, if 
furnished by the clerk. (Rev. 1903, Ch. 84, § 163,) 

Transcripts — Compensation for, IVIurder Casesi Whenever any person 
is convicted of murder, a copy of the indictment, plea, evidence, and charge 
of the presiding justice, certified by the official stenographer, shall be filed 
with the clerk of the court where such trial is held. If such stenographer is 
paid an annual salary, the making and filing of said copy shall be without 
extra compensation, otherwise the expense thereof shall be paid by the 
county; but this section shall not apply to cases where a motion for a new 
trial is filed. (Id., Ch. 135, § 28.) 

Expenses. Supreme judicial and superior court stenographers shall be 
reimbursed for their expenses only when in attendance at court away from 
home, such reimbursement to be made by the county in which the court is 
held, a detailed statement of such expenses, actually and reasonably incurred, 
to be approved by the justice presiding at such court. (Laws 1911, Ch. 126.) 

Salary — Supreme Judicial Court. Stenographers appointed by the 
justices of the supreme judicial court shall receive $1,500 each in full for all 
services formerly chargeable to the counties. (Rev. 1903, Ch. 116, § 1.) 

Salary — Superior Courts. The salaries of stenographers of the superior 
courts, to be paid quarterly from the treasuries of their counties, are as 
follows: Cumberland, fifteen hundred dollars a year, in full for all services 
heretofore legally chargeable by him to the county. Kennebec, fifteen hundred 
dollars a year, in full for all services chargeable by him to the county. (Id. 
Ch. 116, § 8, as amended by Laws of 1913, Ch. 219 and Laws of 1915, Ch. 25.) 

50 



STATUTES Me. 

Duties in Equity Cases. At any hearing or trial in equity when oral 
testimony is presented, it shall be reduced to writing by the stenographer, 
certified by him and filed for use in case of appeal. (Id., Ch. 79, § 20.) 

Hearings in Vacation. At any hearing in vacation of a cause in law 
or equity pending in the supreme judicial court, the presiding justice may, 
wheii necessary, appoint a stenographer other than his regularly appointed 
court stenographer to report the proceedings thereof, who shall receive for 
his services from the treasury of the county in which the cause is pending 
a sum not exceeding six dollars a day for attendance, in addition to actual 
traveling expenses; but when at such hearings the presiding justice employs 
his regularly appointed stenographer, such stenographer shall receive from 
said treasury only the amount of his actual expenses incurred in attending 
the same. (Laws 1907, Ch. 24; 1909, Ch. 10.) 

Certificate of Official Stenographer Sufficient Authentication. In all 
cases coming before the law court from the supreme judicial or superior 
court, in which a copy of the evidence is required by statute, rule of court, 
or order of the presiding justice, a certificate signed by the oflScial court 
stenographer, stating that the report furnished by him is a correct transcript 
of his stenographic notes of the testimony and the proceedings at the trial 
of the cause, shaH be a sufiBcient authentication thereof without the signature 
of the presiding justice. (Laws 1913, Ch. 103, § 1.) 

In Case of Death or Disability of Stenographer. When a verdict has 
been rendered or a decree made in any cause, in law or equity, in the supreme 
judicial or superior court, and a certified copy of the evidence taken by the 
ofllcial stenographer cannot be obtained by reason of the death or disability 
of such stenographer, the justice who presided at the trial of such cause may, 
if a motion for a new trial has been filed during the term at which the 
verdict was rendered, set aside such verdict and grant a new trial at any 
time within one year after it was returned, when in his opinion the evidence 
demands it; and exceptions allowed by such justice, when the evidence or any 
portion thereof is made a part of the exceptions, or an appeal taken from any 
decree in equity made by him, may be heard and determined by the law court 
either upon a statement of facts agreed upon by counsel and certified by 
such justice, or upon a report signed and certified by him as a true report 
of all the material facts in the case. (Laws 1913, Ch. 103, § 2.) 

PROBATE AND INSOLVENCY COURTS. 

Appointment — Oath — Transcripts. The judge of any court of probate 
or court of insolvency, may appoint a stenographer to report the proceedings 
at any hearing or examination in his court, whenever such judge deems it 
necessary or advisable. Such stenographer shall be sworn to a faithful dis- 
charge of his duty, and, under the direction of the judge, shall take full notes 
of all oral testimony at such hearing or examination, and also such other pro- 
ceedings at such hearing or examination as the judge directs, and when re- 
quired by the judge shall furnish for the files of the court a correct and legible 
longhand or typewritten transcript of his notes of the oral testimony of any 
person testifying at such hearing or submitting to such examination, and in 
making said transcript the stenographer shall transcribe his said notes in full 
by questions and answers. (Rev. 1903, Ch. 65, § 8.) 

Signing Transcripts, and Waiver Thereof. When a transcript has been 
made as provided by the preceding section, it shall be read to the person 
whose testimony or examination it is, at a time and place to be appointed by 

51 



Me. SHORTHAND REPOETERS 

the judge, unless such person or his counsel, In writing, waives such reading, 
and if it is found to be correct, or if it contains errors or mistakes, and such 
errors or mistakes are either corrected or the proceedings had in relation to 
the same as hereinafter provided, such transcript shall be signed by the 
person whose testimony or examination it is, in all cases where the person 
testifying or submitting to examination is required by law to sign his testi- 
mony or examination. When the reading of a transcript is waived as pro- 
vided by this section, such transcript shall be deemed correct. But any 
person whose testimony or examination has been so taken, may, with the 
consent of the judge, waive in writing, the signing of the transcript, and in 
such case the stenographer shall read his notes to such person before the 
hearing or examination is closed, and if they are found to be correct, or if 
alleged errors or mistakes are either corrected, or proceedings are had in 
relation to the same, in like manner as provided in section eleven with 
reference to transcripts, the transcript of such testimony or examination shall 
be deemed to be complete and correct without signing, and shall have the 
same effect as if signed. (Rev. 1903, Ch. 65, § 9.) 

Compensation. Stenographers appointed by the court of probate or the 
court of insolvency shall be paid five dollars a day for their services in court 
or at an examination, and travel at the rate of twelve cents a mile from place 
of residence to the place of holding the court or examination, and ten cents 
for every hundred words transcribed and furnished for the files of the court, 
to be paid by the county in which the court or examination is held, after the 
stenographer's bill has been allowed by the judge of the court, in which the 
services were rendered. (Id., Ch. 65, §41.) 

Transcripts to Any Person — Compensation For. Such stenographers 
shall also furnish typewritten copies of their notes to any person calling for 
the same, upon the payment of ten cents for every hundred words of copy 
furnished. (Id., Ch. 65, § 42.) 

TRANSCRIPTS AS EVIDENCE. 

Whenever it is necessary in the courts of the state to prove the testimony 
taken, the certified copy of the transcript of such testimony is evidence to 
prove the same. (Id., Ch. 65, § 10.) 

CORRECTION OF TRANSCRIPTS. 

Manifest mistakes in the transcript may be corrected by the judge. A 
judge may assign a stenographer to attend an examination which is ordered 
to be held before some other person appointed by the judge, and such person 
shall then have the same power as the judge to correct the transcript of the, 
stenographer. (Id., Ch. 65, §§ 11 and 12.) 

CORONERS. 

Appointment — Compensation. Coroners may employ a stenographer for 
the purpose of taking down the testimony of witnesses at the inquest. The 
stenographer shall receive six dollars a day, and ten cents a hundred words 
for transcript, and six cents a mile for actual travel. (Rev. 1903, Ch. 140, § 13.) 

(XtMMISSIONERS TO TAKE DEPOSITIONS. 

Appointment. The Governor may, with the advice and consent of the 
council, and upon the written recommendation of any judge of "the supreme 

52 



STATUTES Me. 

judicial court, appoint competent stenographers of either sex as commissioners 
to take depositions in all cases, and disclosures of trustees, who shall hold 
office for four years. (Rev. 1903, Ch. 109, §30.) 

Depositions, Tal<en Stenographically. The deposition may be taken 
stenographically by the consent of the parties to the suit. (Rev. 1903, Ch. 
109, § 31.) 

Compensation. Such commissioners shall receive the same fees for 
travel, swearing witnesses, notifying parties and deponents, as are received 
by justices of the peace, and in addition thereto, twenty cents a page for 
their transcripts. (Rev. 1903, Ch. 109, § 32.) 



53 



MARYLAND 

There is no general law In the state providing for stenographers. There 
are, however, a number of acts applying to particular counties. 

CITY OF BALTIMORE.— Various Courts. 

Appointment — Salary. The judges of the Supreme Bench of Baltimore 
City are authorized and directed to appoint from time to time as many court 
stenographers, not exceeding in number altogether the number of said 
judges, as shall In their discretion be required for the services of the several 
courts of Baltimore City, who shall be sworn officers of the court, and shall 
each be paid a salary of $1,800 per annum, when such stenographers shall 
be required to attend the courts regularly, or ten dollars per diem for each 
day of actual employment, when he shall be appointed to attend only when 
his service shall be specially required by the judge; said salaries to be paid 
in like manner as the salaries of the other officers of the courts are now 
paid as prescribed in Section 372 of this subdivision. (Baltimore City Code, 
1906, § 379.) 

Qualifications — Term — Duties. Each of the stenographers so appointed 
shall be skilled in the practice of his art, and shall hold his position during 
the pleasure of the Supreme Bench. It shall be his duty, under the direction 
of the judge of the court to which he may be assigned for the time being, 
to take full stenographic notes of all oral testimony and judicial opinions 
orally delivered in every judicial proceeding; and it shall be his duty to 
furnish to any party to such proceeding, upon request, a typewritten copy 
of the notes of testimony and judicial opinions so taken by him, or of such 
part thereof as may be required, on payment by such party of the expenses 
of such copy, at such rates as shall be fixed by rule of court at the time. 
Whenever any judge shall be satisfied that a copy of all or any part of the 
stenographic notes of testimony or judicial opinions, taken during any judi- 
cial proceeding at which he presided, is necessary for the purpose of justice, 
he shall under such rules as shall be prescribed by the Supreme Bench, pass 
an order that the expense of making a copy of such part of said stenographic 
notes as he shall specify in said order shall be deemed a necessary disburse- 
ment of the proceeding, and allowed as such to the prevailing party, and 
it shall be so taxed in the bill of cost, but shall be paid in'the first instance 
as shall be directed in said order. (Id., § 380.) 

CITY OF BALTIMORE.— Orphans' Court. 

Appointment — Qualifications — Term — Duties — Compensation. The judges 
of the Orphans' Court of the City of Baltimore are authorized and directed 
to appoint a stenographer for that court, who shall be a sworn officer of 
the court, but shall be required to attend the sessions of such court only 
when specially summoned by the presiding judge thereof. The stenographer 
BO appointed shall be skilled In the practice of his art, and shall hold his 
position so long as he efficiently discharges the duties of his office. In any 
proceeding In said court in which either party shall give notice that in the 
event of a decision of said court adverse to the claim of such party, an 
appeal wUl be taken to the Court of Appeals, the presiding judge of the court 
shall require the attendance of the stenographer, whose duty it shall be In 
such uroceedings to take full stenographic notes of all oral proofs and judi- 
cial opinions orally delivered; and in case appeal shall be taken from the 
decision of the court such notes shall be transcribed, and after being signed 

U 



STATXJTEB Md. 

by the witnesses, deponents or affiants, shall become a portion of the record 
of the case, to be transmitted by the judges of the court" to the Court of 
Appeals. By consent of the parties to the proceedings in which such proofs 
shall be taken, and of the judges of said court, the signing of such record 
of proof by the witness, deponent or affiant, may be waived; in which case 
such record, after being authenticated by the certificate of said stenographer, 
or of the presiding judge of the court, shall be deemed to be the record of 
any proofs or proceedings so taken. The stenographer shall receive as com- 
pensation for his services the sum of eight dollars for each day of actual 
attendance at the court, by direction of the presiding judge thereof, which 
sum the presiding judge shall cause to be paid equally by the respective 
parties to the proceeding in which the notes shall be taken, and shall en- 
force payment thereof; and if the notes so taken shall be transcribed, as 
hereinbefore provided, the expense of such transcriptions, at the rate of ten 
cents for each one hundred words so transcribed, shall be taxed in the bill 
of costs of the proceedings to the party appellant, and shall thereafter be 
awarded as costs by the Court of Appeals, in accordance with the provis- 
ions of the Code of Public General Laws. (Id., § 381.) 

Assistant Stenographer. The stenographer in each of the courts herein- 
before named may appoint an assistant stenographer, who shall also be a 
Bwom officer of the court, to assist him in the discharge of his duties; pro- 
vided that no additional compensation shall be paid or expense incurred by 
reason of such appointment. 

Transcript Fees. Court stenographers shall be paid at the following 
rates for copies of the notes of testimony and judicial opinions taken and 
furnished by them under the provisions of § § 379, 380 of Art. 4 of the 
Code of Public Local Laws, to-wit: Ten cents per folio of one hundred words 
for each original typewritten copy, and three cents per folio for each addi- 
tional or carbon copy; and, in cases where copies are ordered in writing to 
be furnished for use in court on the day succeeding that on which the notes 
are taken there shall be an additional charge of three cents per folio for 
the first copy. (Rules of Court, 1906, P. 6.) 

Note: The practice is twenty-six cents per page of two hundred words, 
and six cents per page for carbon wlien not daily copy; and fifty cents per 
page for original, and ten cents per page for carbon, for afternoon talce in daily 
copy. 

Testimony in Open Court in Equity Cases. Testimony in open court in 
equity cases shall be taken by a stenographer, unless both parties, the court 
concurring, shall agree to dispense with such reporting. Provision shall be 
made by each party, satisfactory to the stenographer, for the payment for 
such reporting and the transcribing of the testimony on his side, including 
one copy for the court, the cost of taking and transcribing to be taxed as 
costs. All testimony taken under this rule shall be charged for at the same 
rate as the testimony taken in the law courts, and as prescribed in Rule 6 
(supra), but where stenographers are engaged and not used, they shall be 
entitled to charge a per diem of $10 for each day so engaged and not em- 
ployed. (Id., P. 74.) 

Note: Cliief Judge Harlan, in 1903, when sitting in one of the Equity 
courts, ruled that a stenographer must be employed to report the testi- 
mony and that the notes must be written up in the case; that this must be 
done irrespective of any agreement of counsel to waive the same, and that 
if the defendant did not make provision for a stenographer the court would 
decide the case on the plaintiff's testimony. 

Plenary Proceedings. If witnesses are to be examined, the services of 
a stenographer shall be required, unless a written agreement shall be filed 

65 



Md. 



SHORTHAND KEPOBTERS 



in the cause, submitting to the decision of the court, as provided by the law 
authorizing the appointment of such stenographer. (Rules of Orphans' 
Court, 1906, Par. 7.) 

CITY OF BALTIMORE.— Grand Jury. 

Appointment — Compensation — Duties. Upon the organization of each 
grand jury in the city of Baltimore, upon their request in writing, the judges 
then sitting in the criminal court of the city of Baltimore may appoint a 
clerk, who shall be a competent stenographer, at a compensation not to 
exceed $1,500 a year, to be paid by the mayor and the city council of Balti- 
more, which clerk shall transcribe the testimony given before any grand 
jury in said city, and whenever required by the state's attorney, shall at- 
tend upon and take and transcribe the testimony given at coroner's inquests, 
all of which testimony shall be for the exclusive use and benefit of the 
grand jury and the state's attorney of said city, unless otherwise ordered 
by the court. In addition to the compensation aforesaid to be paid the said 
clerk by the mayor and city council of Baltimore, the said mayor and city 
council of Baltimore shall make compensation to said stenographer for all 
testimony taken and transcribed by him at any coroner's inquest or inquests, 
and when requested by the state's attorney for the use of his office, at a 
rate not exceeding fifteen cents per hundred words of such testimony. Such 
stenographer shall take an oath to keep secret the proceedings before the 
grand jury. It shall be lawful for him to attend the sessions of the grand 
Jury, take in shorthand the testimony, and furnish a transcript thereof to 
the grand jury and the state's attorney, and he shall not permit any other 
person to read his notes or a copy thereof. The original minutes shall be 
kept in the custody of the state's attorney, and shall only be taken from 
that office for the use of the grand jury, unless an order of the court has 
been first obtained. A violation of such duty shall be deemed a misde- 
meanor, and punished by a fine not exceeding $1,000, or imprisoned in jail 
not exceeding one year, or by both fine and Imprisonment. (Laws of 1900, 
Chap. 164, as amended by Laws of 1908, Chap. 162.) 

LOCAL LAWS. 

Following is a synopsis of the local laws applying to the various cir- 
cuits of the state outside of Baltimore: 



circuit 

First 

Second 

Third 

Harford Co. 

Fourth 
Fifth 

Carroll Co. 



Anne Arundel 
Sixth 

Montgomery Co. 

Frederick Co. 
Seventh 

Charles Co. 



Co. 



Salary 

$1,000 
1,600» 

1,500 

No provision 

Fixed by court 
\ $500-1,200 
1,200 

$10 per day 
Fixed by court 

$12 per day 



Transcript 



5 cents** 



5 cents 



5 cents 



5 cents 



Date of Act 

1908, c. 437 
1912, c. 43 

; 1912,0. 129 
\ 1914, c. 368 

/ 1908, c. 110 

1 1914, c. 246 

1914, c. 77 

1910, c. 380 
P. L. 1888, V. 2, p. 1112 



/ 1910. c. 575 
1 1912,0. 70 



•Also allowed $300 per annum for expenses. 
••May charge 20 cents per folio for daily transcript. 



56 



STATUTES Md. 

STATE INDUSTRIAL ACCIDENT COMMISSION. 

Appointment — Compensation — Expenses. The Commission may employ 
stenographers and fix their compensation, subject to the written approval 
of the governor, and such stenographers shall be entitled to receive their 
actual necessary expenses while traveling on the business of the Commis- 
sion. (Laws of 1914, Ch. 800, § 5.) 

Depositions. In an investigation, the Commission may cause deposi- 
tions of witnesses residing within or without the state to be taken in the 
manner prescribed by law for like depositions taken in cases pending be- 
fore the Circuit Courts of the counties or the Common Law courts of Balti- 
more City, as is now or hereafter may be provided by law. (Id., § 8.) 

Transcripts as Evidence — Compensation for. A transcribed copy of the 
evidence and proceedings, or any specific part thereof, of any investigation 
taken by a stenographer appointed by the Commission being certified and 
sworn to by such stenographer to be a true and correct transcript of the 
testimony, or of a particular witness, or any specific part thereof, or to be 
a correct transcript of the proceedings had on such investigation so pur- 
porting to be taken and subscribed, may be received in evidence by the Com- 
mission with the same effect as if such stenographer were present and testi- 
fied to the facts certified. A copy of such transcript shall be furnished on 
demand to any party in interest upon the payment of the fee therefor, as 
provided for transcripts in the Circuit Courts of the Counties or the Common 
Law Courts of Baltimore City. (Id., § 11.) 



57 



MASSACHUSETTS 

SUPREME JUDICIAL, COURT. 

Appointment. At the trial of any issue of fact in the Supreme Judicial 
Court, the presiding judge may appoint a stenographer, Tyho shall be sworn. 
(Rev. 1902, p. 1489, Ch. 165, § 83.) 

SUPERIOR COURTS. 

Appointment — Oath — Removal. The justices of the superior court, or 
a majority of them, shall appoint a stenographer for each regular session 
of said court held for civil business, and for each of the two divisions of 
the session of said court held for criminal business within and for the 
county of Suffolk, and a stenographer for said court in all other counties. 
They may also, if the business of the court requires it, appoint an additional 
stenographer In any county except Suffolk, who shall serve when designated 
for duty. Each stenographer shall be an officer of the court and shall he 
sworn, and the same person may be appointed stenographer for more than 
one county. Such justices, or a majority of them, may remove said stenog- 
raphers at any time, and may fill a vacancy which is caused by such removal 
or otherwise. (Id. p. 1489, Ch. 165, § 80, as amended by C. 295, Acts of 1915.) 

Assistants — Oath — Stenographers Pro Tem. Bach stenographer who Is 
appointed for the county of Suffolk, under the provisions of the preceding 
section, may, with the approval of any justice of said court, appoint one or 
more assistants, who shall also be sworn; but no additional compensation 
shall be paid or expense incurred by reason of such appointment. The pre- 
siding justice of said court may, in case of the illness or temporary absence 
of the stenographer, appoint a competent person to act during such illness 
or absence. (Id. § 81, as amended by Ch. 145 of the laws of 1904.) 

For Special or Temporary Sessions, County of Suffolk. The presiding 
judge of any special or temporary session of the superior court, for civil or 
criminal business, in the county of Suffolk, may, in his discretion, appoint 
one or more stenographers to attend therein, who shall be officers of the 
court and who shall be sworn. But it shall not be necessary to appoint a 
stenographer for any session for civil business, if the justices do not con- 
sider It of a permanent and continuous character. (Id. § 82, as amended 
by Ch. 145 of the laws of 1904.) 

Appointment in Criminal Cases. At the trial of any crimnal case in the 
superior court, except in the county of Suffolk, the presiding justice may, 
at the request of the district attorney or of the defendant, appoint a stenog- 
rapher who shall be sworn; Provided, however, that such request is made 
at a reasonable time before the trial, so as to enable the court to secure the 
attendance of a stenographer. The presiding justice may in like manner 
appoint a stenographer in any case of his own motion. (Id., § 83, as amended 
by Acts of 1912, Ch. 289.) 

Duties — Transcripts — Compensation — Taxation of Fees. Stenographers 
shall attend the sessions of the courts for which they are appointed, and 
those who are appointed for jury sessions of the superior court for civil 
business in the county of Suffolk shall, when directed by the justice presid- 
ing in such session, serve in any other of said sessions as the necessities of 
the service may require. Such stenographers, unless excused therefrom by 
the presiding justice, stenographers for criminal business in the county of 
Suffolk, upon request of the presiding justice, the district attorney or defend- 
ant, stenographers for civil business in counties except Suffolk, and stenog- 

68 



STATUTES Mass. 

raphers appointed under the provisions of § § 82 and 83, shall take sten- 
ographic notes of all the evidence given at each trial in their respective 
courts, and of the rulings and charge of the presiding justice, and, when 
requested by him, shall read from such notes in open court any portion of 
the testimony so taken, and, upon request, shall provide him with a tran- 
script of such notes, fully written out, of such part of said testimony, rul- 
ings or charge as may be desired, and, upon request, shall within a reason- 
able time furnish to either party a like transcript, upon payment by the 
party requesting it of ten cents a hundred words for each copy so furnished. 
If the transcript is furnished at the request of the presiding justice, the 
stenographer shall be paid therefor at the same rate by the county, upon 
a voucher approved by the justice, and, in criminal cases in the county of 
Suffolk, such expense and the expense of transcripts furnished to the dis- 
trict attorney shall be taxed like other expenses. The stenographer ap- 
pointed for the criminal session of the superior court for the county of 
Suffolk, when not employed in said court, shall perform such services as 
stenographer as may be required by the district attorney, and shall receive 
the same compensation for transcripts as is hereinbefore provided. (Id., 
§85.) 

Duties — Suffolk County. Each stenographer who is appointed for the 
sessions of the superior court for civil business without juries in the county 
of Suffolk shall attend therein when requested by the presiding justice and 
shall perform the duties required by the preceding section of stenographers 
in the jury sessions of said court, and shall render such other clerical 
assistance to the justices of said court as said justices may consider neces- 
sary. He shall receive for transcripts furnished to parties the compensation 
provided in the preceding section. (Id., § 86.) 

May Interchange. OfHcial stenographers of the superior court in the 
same or different counties may, with the consent of said court, interchange 
services or perform the duties of each other. (Id., § 87.) 

Compensation. Stenographers who are appointed for the sessions of 
the superior court for civil business with juries in the county of Suffolk, 
and the stenographers appointed for the session of said court for criminal 
business in said county, shall each receive an annual salary of twenty-five 
hundred dollars, which shall be paid by the county; stenographers appointed 
for the sessions of said court without juries shall each receive such salary 
as the justice of said court shall establish, not exceeding twenty-five hundred 
dollars, which shall be paid by the county. The stenographers appointed for 
the superior court for other counties which contain a population of more 
than two hundred thousand shall each receive such salary as the justices 
of said court shall establish, not exceeding twenty-five hundred dollars a 
year. (Id., § 88, as amended by C. 295, Acts of 1915.) 

Same. The compensation of all of the stenographers of the superior 
court who are not on salary shall be twelve dollars for each day of actual 
and necessary attendance at court, to be paid by the county in which the 
service is rendered, upon the certificate of such attendance by the justice 
under whose direction the service is performed. In case the service is 
rendered in any court outside of the county in which the stenographer 
resides or has his usual place of business, the justice may, in his discretion, 
allow in addition to such compensation a reasonable sum for travel and 
board. (Ch. 759, Acts of 1914.) 

Note: By Acts of 1913, the official court stenographer for the county of 
Norfolk shall be paid by the county such annual salary, not exceeding $2,000, 
as the justices of the superior court shall establish. 

59 



Mass. SH0ETHA3SD EEPOBTERS 

Transcripts as Evidence. Transcripts from stenographic notes duly 
taken in the superior court under the authority of law, when verified hy 
the certificate of the official stenographer or assistant taking them, shall 
be admissible as evidence of testimony given whenever proof of such 
testimony is otherwise competent. (Rev. 1902, p. 1584, Ch. 175, § 68.) 

Stenographers Alone to Tal<e Notes. During the trial of a case in which 
an official stenographer takes stenographic notes of the evidence, no other 
person shaU interrupt the examination of witnesses for the purpose of taking 
notes of their testimony. (Id., p. 1563, Ch. 173, § 83.) 

POLICE, DISTRICT AND MUNICIPAL COURTS. 

Appointment. A police, district or municipal court or trial Justice when 
sitting in an inquest into an election case, may employ a stenographer to 
report the proceedings in writing. (Id., p. 179, Ch. 11, § 310.) 

GRAND JURIES. 

Appointment — Oatli — Duties. A justice of the superior court may, upon 
the request of the district attorney, appoint a stenographer, who shall be 
sworn and who shall take stenographic notes of such testimony given 
before the grand jury as he may direct, and shall provide him with a tran- 
script fully written out of such part of said notes as he may require. The 
provisions of this section shall not authorize the taking of any statement 
or testimony of a grand juror. (Id., p. 1489, Ch. 165, § 84.) 

INQUESTS. 

Verbatim Report Of — Payment For. If the magistrate has reason to 
believe that an inquest to be held by him relates to the death by accident 
of a passenger or employe upon a railroad, or of a traveler upon a public 
or private way at a railroad crossing, or to a death by accident connected 
with the operation of a street railway, he shall cause a verbatim report 
of the evidence to be made and sworn to by the person making it, and the 
report and the bill for services, after examination and approval in writing 
by such magistrate, shall be forwarded forthwith, to the Public Service 
Commission. Such bill When approved by said board shall be forwarded 
to the auditor of accounts and be paid by the Commonwealth, assessed on 
the several corporations owning or operating the railroad or street rail- 
way on which the accident occurred. (Id., Ch. 24, § 14.) 

LEGISLATIVE COMMITTEES. 

Filing Stenographic Reports Of. Stenographic reports of committee 
hearings shall, at the end of the session at which the hearings were author- 
ized, be deposited in the State Library, but such reports of hearings held 
during recess shall be so deposited before the next General Court convenes. 
(Id., p. 63, Ch. 3, § 18.) 



60 



MICHIGAN 

CIRCUIT COURTS. 

Appointment— Term— Oath-^Duties. Stenographers shall he appointed 
for the circuit courts by the Governor upon the recommendation of the 
judge or judges of each respective circuit, and shall be deemed officers of 
the court. Such stenographers shall hold oflSce during the pleasure of the 
Governor, provided the court shall have the power to suspend for incom- 
petency or misconduct, and if the suspension be not rescinded within 
thirty days after the order of suspension, the office shall be deemed vacant. 
Before entering upon the duties of his office, each stenographer shall take 
and subscribe the constitutional oath of office to be administered by the 
presiding judge of the circuit, which oath of office shall be filed in the office 
of the secretary of state. No person shall be appointed stenographer for 
more than one circuit, unless he shall personally perform the duties of 
stenographer in each of the circuits for which he is appointed. (Comp. 
Laws 1897, §§ 364 and 365.) 

Vacancies, How Filled — Pro Tern. In case of a vacancy in the office 
of the stenographer from death, resignation, suspension or inability to 
serve from any cause of a permanent nature, the governor shall appoint a 
successor to the office upon receiving notice from the presiding judge of 
Buch vacancy and the cause thereof. Such appointment to be made upon 
the recommendation of the judge or judges of such circuit. But in case of 
the temporary absence of the stenographer, he, said stenographer, shall 
appoint some competent person, approved by the judge, to act as stenog- 
rapher pro tempore, who shall be paid by the stenographer in whose place 
he acts. (Id., § 366.) 

Assistants — Oath. Every stenographer may, subject to the approval of 
the circuit judge, appoint one or more assistants, who shall take and file 
the oath of office as prescribed in section three, and shall have the power 
to act in the place of said stenographer, and whose compensation shall be 
paid by the stenographer. The stenographer or the circuit judge shall 
have the power to revoke such appointment at any time. (Id., §§ 367 
and 295.) 

Additional Stenographers — Temporary Assistants. In any circuit in this 
state, the governor shall from time to time appoint, on the recommendation 
of the judge or judges thereof, as many additional stenographers as there 
are additional judges in said circuit, which stenographers shall qualify in 
like manner, hold office for the same term, and perform like duties as 
other stenographers. Whenever the judge of any circuit court of this 
state shall deem it necessary for the dispatch of business of said court, 
he may authorize the stenographer thereof, to employ one or more temporary 
assistants, who shall receive compensation to be paid by the county, the 
Judge of said court certifying as to the reasonableness thereof. (Id., § 368.) 

Duties. It shall be the duty of each circuit court stenographer to 
attend upon the court at eaeh term, under the direction of the judge 
thereof, and take full stenographic notes of the testimony, and charge to 
the jury in the trial of each issue of fact before the court or jury. (Id., 
§ 369.) 

Preservation of Notes. The stenographer or assistant stenographer, 
who shall take the notes on the trial or hearing in any case shall prefix to 

61 



Mich. SHOKTHAND BEPOKTBRS 

his notes of the testimony of each witness, the full name of each witness, 
and the date the testimony was taken down, and, at the conclusion of the 
trial of said cause, he shall securely attach together all of his notes 
taken in said cause, and properly entitle them upon the outside, and safely 
keep the same in his office. In the event of his death or resignation, or 
removal from office or from this state, the stenographer's notes in each 
case shall be transferred to the county clerk of the county where the case 
was tried, who shall receive and safely keep the same, subject to the 
direction of the circuit court for the county; Provided, that said notes 
shall be a part of the record in said cause, and shall be subject to inspec- 
tion as records in said cause. (Id., § 370.) 

Duty to Furnish Transcripts. It shall also be the duty of each stenog- 
rapher to furnish without delay, in legible English, copies of the notes taken 
by him or any part thereof, to any party who may request the same, for 
which he shall be entitled to demand and receive per folio the compensa- 
tion hereinafter prescribed. (Id., § 371.) 

Duty to File Transcripts. In case the circuit judge shall order the 
same, it shall be the duty of the stenographer to make and file in the 
clerk's office a copy of his notes in any civil case, or any part thereof, 
without expense to either party, which copy shall be deemed a part of 
the records in the case. (Id., § 372.) 

Transcripts at Expense of County. In any criminal case, the court 
may, on request of the prosecuting attorney, or of counsel for the defense, 
order the stenographer to make, and the stenographer shall thereupon 
make and file in the clerk's office, to become a part of the official record 
in the case, a transcript of the notes taken in the case, or any part thereof, 
to be paid for by the county at the rate hereinafter prescribed. (Id., § 373.) 

Compensation. The stenographer of each circuit shall receive as com- 
pensation for his services, such salary as is hereinafter specified, payable 
in monthly Installments out of the treasury or treasuries of the county 
or counties composing the circuit of which he is the stenographer, upon 
the order of the clerk of the court, or board of county auditors, who are 
hereby authorized and required to draw such orders, and th9( county 
treasurer to pay the same upon presentation. (Id., § 374.) 

How Paid. In every circuit court composed of more than one county, unless 
some other method of appointment is prescribed, in this act, to make up 
the salary of the stenographer, each board of supervisors in the circuit 
shall appropriate annually such proportion of the amount of the salary as 
shall be assigned to it, by the circuit judge. In proportion to the number 
of suits at law and in chancery, entered and commenced In the circuit 
courts for such counties respectively during the preceding year. And It 
shall be the duty of the circuit judge of each circuit composed of more 
than one county, on the first day of January of each year, or as soon 
thereafter as may be, to apportion the amount of such salary to be paid 
by each county in his circuit, on the basis aforesaid, and to notify the 
clerk of each county in the circuit of the proportion to be paid by such 
county. In case there is but one county in a circuit the salary of the stenog- 
rapher shall be paid out of the treasury of such county in the manner 
above provided. (Id., §375.) 

Amount of Compensation. The compensation of stenographers in the 
various circuits has been fixed in the following amounts per year, such 
amounts being authorized by the Acts referred to below: 

62 





STATUTES 




Yearly 


Clrcnlt 


Compensation 


1 


tl,400 


2 


2,000 


3 


2,500 


4 


I'SOO Comp. Laws 


6 


2,000 


6 


2,500 


7 


2,000 


8 


2,000 


9 


2,500 


10 


2,000 


11 


2,500 


12 


3,000 


13 


1,800 


14 


•1,500 and $10 per diem 


15 


1,800 


16 


1,500 


17 


2,000 


18 


2,000 


19 


2,400 


20 


1,500 


21 


1,500 


22 


1,800 


23 


1,500 


24 


2,000 


25 


3,000 


26 


1,500 


27 


10 per diem 


28 


2,000 


29 


1,600 


30 


2,000 


31 


2,000 


32 


2,400 


33 


1,700 


34 


1,800 


35 


1,500 


36 


2,000 


37 


1,500 


38 


1,000 


39 


1,800 


40 


1,200 



Mich. 



Acts of 

1907, Act No. 218 

1909, " " 5 

1909, " " 17 

1897, Sec. 379 

1897, " 380 

1913, Act No. 269 

1911, " " 27 

1909, " " 21 

1913, " " 117 

1913, " " 116 

1897, Sec. 386 

1913, Act No. 289 

1897, Sec. 388 

1897, " 389 

1909, Act No. 22 

1909, " " 64 

1897, Sec. 392 

1911, Act No. 5 

1915, " " 279 

1901, " " 3 

1899, " " 112 

1905, " " 205 

1905, " " 206 

1909, " " 42 

1905, " " 179 

1897, Sec. 401 

1905, Act No. 190 

1913, " " 322 

1897, Sec. 404 

1907, Act No. 23 



1907, " 


56 


1913, " 


" 141 


1907, " 


" 270 


1909, " 


" 316 


1907, " 


" 243 


1913, " 


" 119 


1907, " 


" 159 


1903, " 


■' 22 


1913, " 


" 272 


1915, " 


" 279 



•Circuit No. 14 is composed of two counties, one of which pays a salary 
of $1,500 per annum, and the other pays $10 per diem when the stenographer 
is in attendance. 

Transcript Fees — Taxation Of. The circuit court stenographers shall 
he entitled to demand and receive per folio for transcripts ordered by either 
party to a cause, the sum of eight cents per folio, unless a lower rate be 
agreed upon. For transcripts ordered by the circuit judge as provided in 
this act, stenographers shall he entitled to receive from the county the 
compensation hereinbefore specified. In case the transcript is desired for 
the purpose of moving for a new trial, preparing a bill of exceptions, or 
removing the cause to the supreme court, the amount of stenographers' 
fees paid therefor shall be recovered as a part of the taxable costs by 
the prevailing party in such motion, or in the supreme court. (Comp. 
Laws, 1897, § 411.) 

Offices Furnisfied in Certain Counties. In the counties of Wayne and 
Kent, the county auditors shall provide a suitable office for the use of said 
stenographers contiguous to the office of the clerk of said county. (Id., § 412.) 

Fee Taxed for Stenographic Report. In each and every issue of fact 
tried, and contested before the court or jury in which the stenographer 
shall be employed, there shall be taxed three dollars, the sum to be paid 
hy the plaintiff in the suit before the taking of testimony is commenced, 

63 



Mich. SHOETHAND BEPOETEES 

into the hands of the clerk of the court, and by him into the county 
treasury, to apply to the credit of the general expense fund, and if the 
plaintiff shall prevail in the suit, the amount so paid by him shall be taxed 
in his costs as proper disbursements. (Id., § 413.) 

Judge Need Not Write Charge When Stenographer is Present. When 
a stenographer is present in court, the judge need not reduce his charge to 
writing. (Id., §414.) 

OFFICE OF PROSECUTING ATTORNEY. (Wayne County.) 

Appointment — Salary. In each county in the state of Michigan having 
a population of over three hundred and fifty thousand inhabitants, the 
prosecuting attorney of such county is hereby authorized and empowered 
to appoint eight assistant prosecuting attorneys, etc. * * * one chief 
clerk, one stenographer, one assistant stenographer and one investigating 
officer. The salary of the stenographer shall not be less than eighteen 
hundred dollars per annum, and of the assistant stenographer not less 
than fifteen hundred dollars per annum. (Act No. 101, P. A. of 1913.) 

RECORDER'S COURT OP THE CITY OF DETROIT. 

Appointment — Duties — Transcripts — Compensation — Substitute. There 
shall be two stenographers of the recorder's court of 
who shall be appointed by the recorder, and the perse 
him shall be deemed officers of the court, and it sha 
attend at each session thereof, and to take full stenog 
testimony and of the charge of the court in all cases 
unless otherwise ordered by the judges thereof. And ii 
so order, they shall make without compensation, a 1 
their notes, which shall be filed by the clerk and prese 
files in the cause, subject to the inspection and use of a 
They shall each receive an annual salary not exceedin; 
lars, and not less than twelve hundred dollars, to be fi: 
Auditors, and which shall be paid in monthly insta 
county treasury. Said stenographers shall be entitler 
otherwise provided, to the same fees for making £ 
testimony and charge of the court in any case, as shal 
to the stenographers of the circuit court of Wayne cou 
(Comp. Laws, 1897, § 615.) 

In case of the sickness or temporary absence of 
recorder may appoint some competent person to act in 1 
so acting, shall be paid out of the county treasury sue 
shall allow. (Id., § 616.) 

SUPERIOR COURT OF GRAND RAP] 

Appointment — Oath — Term — Suspension — Removal. 

the superior court of Grand Rapids shall be appointed 
the recommendation of the judge of said court. The pe 
take and subscribe to the official oath prescribed by the 
oath shall be administered by the presiding judge. I 
an officer of the court, and shall hold the position dm 
the governor: Provided, that the court shall have th 
him for incompetency or misconduct, and in such cas 
shall thereafter cease to hold the office of stenograph 
of the court his suspension be rescinded. (Id., § 640.) 

64 



STATUTES Mich. 

stenographer Pro Tem — Assistants. In case of the death, removal or 
BTispension of the stenographer, the governor shall appoint a successor to 
- the office, but in case of sickness or temporary absence of the stenographer 
and his deputy, the judge may appoint some competent person to act In his 
absence. Said stenographer shall have the power to appoint one or more 
assistants subject to the approval of the court, whose duty shall be subject 
to and whose compensation shall be paid by the stenographer; Provided, 
the stenographer may revoke said appointment at any time. (Id., § 641.) 

Duties — Compensation. It shall be the duty of said stenographer to 
attend upon the court, during the term thereof, and to take full stenographic 
notes of all testimony given, and proceedings had upon the trial of each 
issue of fact before the court or jury. Said stenographer shall receive a 
salary of two thousand dollars per annum, to be paid in monthly install- 
ments, from the general fund, in the same manner as other demands 
against the city. (Id., § 642.) 

Stenographer's Tax Fee. Each and every issue of fact at law, or in 
chancery, tried before the court or jury, shall be taxed three dollars, to be 
paid by the plaintiff at the commencement of the trial into the hands of 
the clerk, and by him paid into the city treasury as other fees mentioned 
in this act. (Id., § 643.) 

Duty to Malce Transcripts. It shall be the duty of the stenographer 
upon the order of the court, to write out in legible English, a full copy of 
the notes taken by him on the trial of any cause, without fee or charge, 
and file the same with the clerk of said court, for the use of the court 
and the parties to said cause, and such copy shall be made and filed within 
such time as the court shall order. (Id., § 644.) 

Compensation for Transcripts. It shall be the duty of said stenographer 
to furnish without delay, copies of the notes taken by him, written out in 
legible English, to any party who may request the same; and he shall be 
entitled to demand and receive therefor not to exceed six cents for each 
folio of one hundred words for the first copy and two cents per folio for 
each additional copy. (Id., § 645.) 

PROBATE COURT OF WAYNE COUNTY. 

Appointment — Term — Removal — Duties — Compensation — Oath. The judge 
of probate of the county of Wayne may appoint a stenographer for the 
probate court of said county, who shall be deemed an officer of the court, 
and shall hold his office during the term of the judge appointing him, unless 
sooner removed by said judge. He shall attend each session of the court, 
and when directed by the judge shall take stenographic notes of the testi- 
mony and proceedings, and perform such other services in connection with 
the business of the probate court as the judge shall require. He shall receive 
a salary of not to exceed $2,000 to be fixed by the board of auditors of said 
county, which shall be paid by the treasurer of said county. In case either 
party desires a transcript he shall furnish such transcript and shall receive 
six cents a folio. He shall take an oath before entering upon his duties. 
(Laws 1903, page 121.) 

POLICE COURT OF THE CITY OF DETROIT. 

Appointment — Compensation — Duties. The presiding judge of the police 
court of the city of Detroit shall appoint a stenographer for said court, 
whose salary shall be fixed by the County Auditors. The stenographer 

65 



Mich. SHORTHAND BEFOBTEBB 

is required to write up all preliminary examinations in cases that are 
hound over to the recorder's court. (Laws 1885, page 215.) 

Note: The auditors have fixed the salary at J2,000 per annum. No tran- 
script fee Is allowed, but three cents a folio may be charged as compensation 
for typewriting. 

PRELIMINARY HEARINGS. 

Stenographer Appointed — Compensation — Prima Facie Evidence. Wit- 
nesses may he compelled to appear before such magistrate by subpoenas 
Issued by him, etc., * * * 

Provided, That at any such examination it shall be lawful for such 
magistrate to appoint some suitable stenographer, at the request of the 
prosecuting attorney of said county, with the consent of the respondent or 
his attorney, to act as official stenographer pro tern, for the court of such 
magistrate, to take down in shorthand the testimony of any such exam- 
ination, and any stenographer so appointed shall take the constitutional 
oath, as such official stenographer, and shall be entitled to the following 
fees: Six dollars for each day, and three dollars for each half day, while 
so employed in taking down such testimony, and ten cents per folio for 
typewriting such testimony so taken in shorthand, the same to be allowed 

and paid out of the treasury of the county in which such *""*' ' '" *"i'""- 

Provided, further. That it shall not be necessary for a ^ 
whose testimony is taken in shorthand by such ster 
provided, to sign such testimony, but any witness or i 
the right to have such testimony read over to them 
Such testimony, after being typewritten, shall be recei 
circuit court for the county in which such testimony i 
signature of such witness or witnesses for the same pu 
effect as the testimony of witnesses as hereinabove 
testimony so taken shall be considered prima facie e-v 
mony of such witness or witnesses at such examinati 
No. 160.) 

PROBATE COURTS. 

Appointment — Salary. The Board of Supervisors 
authorize the appointment by the probate judge, or c 
stenographers of said probate court; such stenographer 
salary as shall be fixed by the board of supervisors. I 
c. 3, § 15.) 



66 



MINNESOTA 

DISTRICT COURTS— Except Hennepin, Ramsey, St. Louis, Cook and Lake 
Counties, and the 15th District. 

Appointment — To Act as Secretary — Term — Bond. Each judge, by 
duplicate orders filed with the clerk and county auditor of the several 
counties of his district, may appoint a competent stenographer as reporter 
of the court, to hold oflBce during his pleasure, and to act as his secretary 
in all matters pertaining to his official duties. Such reporter shall give 
bond to the state in the sum of two thousand dollars, to be approved by the 
judge appointing him, conditioned for the faithful and impartial discharge 
of all his duties, which bond, with his oath of office, shall be filed with 
the clerk in the county in which the judge resides. (Gen. Stats., 1913, 
§240; Rev. Laws 1905, §115.) 

Duties. Such reporter shall make a complete stenographic record of 
all testimony given and all proceedings had before the judge upon the trial 
of issues of fact, with or without a jury, or before any referee appointed by 
such judge. In so doing, he shall take down all questions in the exact 
language thereof, and all answers thereto precisely as given by the witness 
or by the sworn interpreter. He shall also record, verbatim, all objections 
made, and the grounds thereof as stated by counsel, all rulings thereon, 
all exceptions taken, all motions, orders, and admissions made, and the 
charge to the jury. When directed so to do by the judge, he shall make a 
like record of any other matter or proceeding, and shall read to such judge 
or referee any record made by him, or transcribe the same, without charge, 
for any purpose in furtherance of justice. (Id., § 24l; Id., § 116.) 

Notes Filed — When to Make Transcript. As soon as the trial is ended, 
the reporter shall file his stenographic record thereof with the clerk, or 
elsewhere if the judge shall so direct, and upon request of any person inter- 
ested, and payment or tender of his fees therefor, he shall furnish a tran- 
script of such record in the words and figures represented by the char- 
acters used in making the same, and for that purpose he may take and 
retain such record so long as may be necessary, when it shall be returned 
to the files. (Id., §242; Id., §117.) 

To Act When Another Judge Presides. Unless otherwise directed by 
the judge appointing him, the reporter shall serve as such in all matters 
heard by another judge when acting in place of the former, and shall per- 
form in relation to such matters all the duties required of him by law. 
(Id., §243; Id., §118.) 

Compensation — Salary. The judges, by an order filed with the county 
auditors annually on or before the first Monday in May, 1909, and on or 
before the first Monday in January, annually thereafter, shall apportion 
the salaries of the reporters in their respective districts among the sev- 
eral counties. Such salary shall be fixed by such order at not exceeding 
two thousand dollars per year, and each county shall be required by such 
order to pay a specified amount thereof in monthly installments, which 
amount shall be such proportion of the whole salary as the number of days' 
work actually done by a reporter in the trial of cases in said county during 
the preceding year bears to the whole number so performed in the district. 
Such stenographic reporters shall have and maintain their residences in 
their respective judicial districts. But if any reporter be appointed in two 
or more districts he may reside in any of the same. (Id., §244; R. L., 
§ 119, amended 1909, c. 168, §1.) 

67 



Minn. shorthand eepobtkrs 

Note: See also 1909, o. 285, and 1913, c. 343, amending G. S. 1894, § 4890 
(1874, c. 88, § 4). 1874, c. 88 was not among the session laws of that year re- 
pealed by R. L,., § 5527 (9437). 

Transcript Fees. In addition to such, salary, the reporter may charge 
for a transcript of his record, ordered by any person other than the judge, 
eight cents per folio thereof, and two cents per folio for each manifold or 
other copy thereof when so ordered that it can be made with such 
transcript. (Id., §245; Id., §120.) 

Readjustment of Salaries on Cliange of District. Whenever a new 
judicial district is created, or the boundary lines of a judicial district are 
changed, the judge or judges of such district or districts shall, within 
thirty days after the establishing of such new district or the changing of 
such boundary lines, file an order readjusting the salaries of court repor- 
ers and the proportions to be paid by the several counties, with the several 
county auditors in each district, to conform to such changes, and the 
filing of such order shall vacate and set aside any and all orders then on 
file with such auditors. (Id., §246; 1907, c. 242, § 1.) 

Existing Laws Not Affected. Nothing in this chapter shall be construed 
as repealing or modifying existing laws relating to the olEce of court 
reporter in any judicial district which contains a city of the first class. 
(Id., § 247; Id., § 121.) 

Note: "A city of the first class" means a city having i 
Inhabitants. 

DISTRICT COURT— St. Louis, Cook and Lake 

Appointment — Duties. Each of the judges of the dig 
courts of common pleas In this state, is hereby authorizec 
to employ and appoint a shorthand writer, to make in 
a true record or report of the proceedings and evidenc 
trial of Issues of fact in the several courts held in his d 
required by the court, or either of the parties to any g 
scribe such record or report into words which shall be i 
characters used by him in reporting such proceeding an 
same shall occur; provided, however, that no such 
appointed in any county containing less than five tho 
whose board of county commissioners shall not first authi 
ment: Provided, Further, That the provisions of this act 
the county of Ramsey, or be construed as repealing the 
ing thereto. (Gen. Stats., 1894, § 4887.) 

Oath — Duties — Filing Notes — Removai. Before such r 
upon the performance of his duties, he shall take and 
that he will to the best of his knowledge and ability, 1 
writing, a true, full and accurate record of all the proc 
evidence given upon the trials of issues of fact in the d 
required so to do by the judge of said court, and that 
file with the clerk of the court a true and full transcrip 
report in each case, into the words represented by the s 
which he shall use in his shorthand writing. Such oatl 
the olBce of the clerk of the district court in one of tl 
district for which he is appointed. In reporting or reco: 
of witnesses, sworn and examined upon the trial of issue 
record or report the questions put to the witnesses, and tl 
given by the witnesses, in the words used by the questior 
He shall not be required to report or record the argume: 

68 



STATUTES Minn. 

shall record all objections and the grounds thereof, as stated by counsel, 
and also the decisions or rulings of the court thereon, and exceptions taken 
by counsel to such decisions or rulings; and shall immediately upon the 
completion of any trial, file his report in such shorthand writing, in the 
oflBce of the clerk of the court where such trial was had, which 
report shall remain on file for the use of the parties interested; and in the 
performance of his duties, he shall be subject to the orders and directions 
of the court; and the judge may at any time discharge such reporter, and 
employ and appoint another. (Gen. Stats., 1894, § 4888.) 

Transcripts as Bills of Exceptions. When a record or report of a trial 
shall have been so made, transcribed and filed, and approved by the judges 
before whom such trial was had, it shall have such force and effect as 
a record of the court, and as a case, or bill of exceptions, as the court may, 
by general rule or order, prescribe. (Gen. Stats., 1894, § 4889.) 

Compensation. The amount or rate of compensation to be paid to such 
shorthand reporter shall be fixed by the judge who appointed him; and 
each county shall pay the compensation for his services during the time he 
shall be employed in the cases tried therein. The judge shall certify the 
time during which he shall be employed at any term in the county, and 
the amount to which he is entitled therefor. Upon the presentation of such 
certificate of the judge to the county auditor of the county he shall draw 
his order, in favor of such reporter, upon the county treasurer, for the 
amount so certified; but such compensation shall not exceed ten dollars 
per day while employed in court, and fifteen cents per folio of one hundred 
words for the transcript; And Provided, Further, That when such reporter 
shall be required by either of the parties to an action to transcribe his 
record into longhand writing, the fees for such transcription as above pro- 
vided for shall be paid by the party requiring the same. And Provided, 
Further, That in any county having or which may hereafter have a popu- 
lation of not less than seventy-five thousand nor more than two hundred 
thousand, and having a city of the first class, such shorthand reporter 
shall receive as compensation from such county the sum of three thousand 
dollars per annum, payable in equal monthly installments, at the same time 
and in the same manner as the salaries of other county ofiicials of such 
county are paid, and his actual expenses when attending court at a place 
other than the county seat, to be paid upon presentation of the voucher 
of the reporter therefor, duly approved by the judge of such court. (Gen. 
Laws, 1913, Ch. 343, § 1.) 

DISTRICT COURT — Hennepin County. 

Appointment — Qualifications — Term — Salary. Each judge in any judicial 
district in this state which comprises, or which may hereafter comprise, a 
single county of three hundred thousand inhabitants or over, may appoint 
a phonographic reporter, who shall be well skilled in his profession and 
competent to discharge the duties required, and who shall be a sworn 
officer of said court, and shall hold his office during the pleasure of said 
judge * so appointing him. The salary of said reporter shall be three 
thousand dollars per annum, payable in monthly installments by the county 
treasurer of the county comprised in such judicial district, from any 
fund in his hands not otherwise appropriated. (Laws 1915, Ch. 175.) 

Duties — Transcript Fees. It shall be the duty of said phonographic 
reporters and each thereof, to take or cause to be taken, full phonographic 

69 



Minn. shorthand eepoktees 

notes of all trials and proceedings in said court before the judge so appoint- 
ing him, whenever so directed; and each of said reporters shall act in the 
capacity of a private secretary to the judge so appointing him, whenever 
so directed by said judge, in taking notes of any findings, decisions or orders 
of said judge, so given or rendered in open court or dictated at chambers 
to said reporter, and each of said reporters shall, when requested by said 
judge so appointing him, without charge therefor, transcribe said notes, or 
any part thereof, for the use of said judge, or for such other purpose in 
furtherance of justice as said judge may order; and each of said reporters 
shall furnish a freehand or typewritten copy of said notes, or any part 
thereof, at the request of any party to an action in said court, for which 
copy he shall be entitled to charge at the rate of ten cents per folio, or 
for every hundred words so written out; and whenever such transcript 
has been filed as provided by the rules of the court, the amount paid by 
any party for such copy to be used upon a motion for a new trial or appeal 
may be taxed and allowed as other disbursements are taxed and allowed 
In an action. (Id., § 249; 1907, c. 186, § 2.) 

DISTRICT COURT— Ramsey County. 

Appointment — Oath — Term — Compensation. The juc 
court in any judicial district in this state which compri 
hereafter comprise, a single county having a populal 
200,000 and less than 292,000 inhabitants, may appoii 
reporter, who shall be a sworn officer of said court, and 
office during the pleasure of the judges so appointing hii 
his entire time and attention to the duties of such o 
accept other employment during his term. Said repo 
skilled in his profession and competent to discharge t] 
The salary of said reporter shall be thirteen thousand 
payable in money installments, by the county treasurer 
prised in such judicial district, from any funds in his h; 
appropriated. Provided, However, That in case said ji 
six in number, the compensation of said reporter shall 
thousand dollars per annum for each additional judge. 
c. 249, §1.) 

Duties — Transcript Fees. It shall be the duty of sai 
porter to take or cause to be taken full phonographic not 
proceedings in said court before the judges so appointing 
directed by said judges; and said reporter shall act in thi 
tary to said judges whenever so directed by them, or 
taking notes of any findings, decisions or dictations by sa 
rendered in open court or at chambers, and said repor 
quested by said judges, without charge therefor, transc 
any part thereof, for the use of said judges. For furnisl 
notes, or any part thereof, at the request of any party t 
court, said reporter shall be entitled to charge and recei" 
ten cents per folio of one hundred words, and three centi 
duplicate copy furnished to such party. And such transc: 
for the purposes of a case or bill of exceptions, may be i 
able disbursements of the action. It shall also be the di 
to take and transcribe such notes of the testimony and 
juvenile division of said court as the judge therein pre 
without charge therefor. (Id., § 251; 1913, c. 249, § 2.) 

70 



STATUTES Minn. 

DISTRICT COURT— 15tli District. 
Appointment — Duties — Compensation. In the Fifteenth Judicial District 
of the State of Minnesota, each judge may appoint a competent stenographer 
as reporter of the court to hold office and qualify in the same manner, per- 
form the same duties and receive the same transcript fees as other court 
reporters under existing laws applicable to judicial districts which do not 
contain a city of the first class; and the judges of such district shall fix 
the salary of each reporter appointed therein at a sum not to exceed three 
thousand dollars per year by an order made and filed in the first instance 
with the respective county auditors of the district so affected on or before 
May 1st, 1915, and by subsequent orders made and filed with said county 
auditors annually on or before the first Monday in January, and all such 
orders shall apportion the salaries of the reporters among the several coun- 
ties and require the payment thereof in the same manner as is now provided 
by Section 119 of the Revised Laws of the State of Minnesota for the year 
1905, as amended by Chapter 168, General Laws of 1909. (Stats. 1915, Ch. 
50.) 

MUNICIPAL COURTS. 

Appointment — Compensation — Duties. The judge of said court may 
employ and appoint a shorthand writer, and fix his compensation, to make 
in shorthand writing a true record or report of the proceedings and evidence 
taken upon the trial of issues of fact in said court and of all examinations 
had therein; and, when required by the court or either of the parties to any 
such trial or examination, to transcribe such report or record into words which 
shall be represented by the characters used by him in reporting such pro- 
ceedings or examination as the same shall occur. (Gen. Stats. 1894, 
§ 1371.) 

Oath — Payment of Fees— Duties — Term — Compensation. Before such re- 
porter shall enter upon the performance of his duties he shall take and sub- 
scribe an oath similar to the oaths required of the reporters in the district 
court of this state, and file the same with the clerk of the court. The evi- 
dence and proceedings in trials of issues of fact in this court shall be re- 
ported in like manner as in the district court, provided the party calling for 
a reporter pays into the village treasury the amount ordered by the court, 
and shall be filed with the clerk of this court and remain so on file for the 
use of all parties Interested. In the performance of his duties said reporter 
shall be subject to the orders and directions of the court, and the judge may 
at any time discharge such reporter, and employ and appoint another, and 
fix the compensation of said reporter not to exceed five dollars per day for 
the time actually employed to be paid out of the village treasury on the 
order of the judge of said court, and such expense shall be taxed in the 
costs of the case, for the use of the prevailing party, provided said party 
calls for and pays for said reporter. (Gen Stats. 1894, § 1372.) 

Transcripts— Compensation for. When the oflicial reporter of said court 
shall be required by any of the parties to an action, proceeding or exam- 
ination, to transcribe his record into ordinary writing or print, the parties 
requiring such transcript shall pay to the clerk of said court five cents per 
folio of one hundred words for each copy thereof, two-thirds of said amount 
to be paid to the reporter and one-third to the village treasurer. (Gen. 
Stats. 1894, § 1373.) 

MUNICIPAL COURT.— Minneapolis. 

Appointment — Quaiiflcations — Oath — Term. Each judge of the munic- 
ipal court of the City of Minneapolis may appoint a stenographic reporter, 

71 



Minn. shorthand eepoeteks 

who shall be well skilled in his profession and competent to discharge the 
duties required, and who shall be a sworn officer of court, and shall hold his 
office during the pleasure of said Judge so appointing him. (Gen. Laws, 
1913, Ch. 517, Sec. 1.) 

Salary. The salary of said reporter shall be eighteen hundred dollars 
per annum, payable in monthly installments by the city treasurer of the city 
of Minneapolis, from any funds in the city treasury not otherwise appropri- 
ated. (Id.) 

MUNICIPAL COURT.— St. Paul. 

The provisions of the Gen. Stats., 1894, supra, apply, except as to com- 
pensation. The following act fixes the compensation: 

The stenographic reporter shall receive a salary of one thousand five 
bundled dollars per year, such salary being payable out of the city treasury 
of the city of St. Paul in equal monthly installments. (Gen. Laws, 1913, 
Ch. 430.) 

Transcript. Follow provisions of Gen. Stats. 1894, § 1373, supra. 

COMMITMENTS TO STATE PRISON OR REFORMATORY. 

Compensation for Synopsis of Testimony. When sii 
tlmony is furnished by the stenographer acting on the tr 
therefor by the county on certificate duly certified to by 
at the trial, and filed with the county auditor, the same i 
vided by statute for transcripts of testimony furnished 
the same in civil proceedings. (Gen. Stats., 1913, § 9299; 



72 



MISSISSIPPI 

CIRCUIT COURTS. 

Appointment — Qualifications. Eacli judge of the circuit court may ap- 
point a competent person as stenographer of the circuit court of his district, 
or any county or counties therein, by an entry upon the minutes of his court 
of an order to that effect, dated and signed by him. (Ann. Code, 1906, 
§ 4785.) 

Oath. Before entering upon his duties the stenographer shall take. In 
open court, an oath that he will faithfully discharge his duties as stenog- 
rapher of the court; and that such oath was taken shall be entered in the 
minutes of the court. (Id., § 4786.) 

Term. The stenographer when appointed and qualified by taking the 
oath required, thereby becomes an oflBcer of the court, and shall hold his 
office as stenographer for the term of four years from the date of his appoint- 
ment, unless sooner removed. (Id., § 4787.) 

Copy of Record Certified to Other Counties. A copy of the writing by 
which the stenographer was appointed, and of the minutes relating to the 
stenographer's oath shall, at the cost of the stenographer, be certified by the 
clerk of the court In which the entries thereof are made, to the clerk of the 
circuit court in each of the several counties of the district for which the 
stenographer was appointed, to be entered on the minutes of the court in 
each county. (Id., §4788.) 

Bond. The judge shall require the stenographer to give bond in a pen- 
alty not less than two thousand dollars to be approved by the court, condi- 
tioned for the faithful discharge of his duties, and such bond shall be filed 
in the office of the clerk of the circuit court of any county in tbe district 
who shall, at the cost of the stenographer, certify a copy thereof to the clerk 
of said court in each of the other counties of the district, to be filed and 
preserved in his office, and said copies shall be competent evidence in any 
proceeding. And such bond shall be recorded at length in the bond record- 
book of the county where the original is filed. (Id., § 4789.) 

Duties. The stenographer shall attend each session of the circuit court 
of the district for which he was appointed, from day to day, and, unless the 
same be waived, shall take, under the control of the judge, stenographic 
notes of all the oral evidence and proceedings, except arguments of counsel, 
in each case, civil and criminal, tried therein upon an issue of facts; and 
of any other matter or in any other case that the judge may especially direct. 
He shall carefully note the order in which the evidence, both oral and writ- 
ten, is Introduced, and by whom it is introduced, giving the name of each 
witness, and Identifying each deposition, exhibit, map, or other Item of evi- 
dence or matter of proceeding by words or figures of description; and he 
shall carefully note all objections of counsel, rulings of the court, and excep- 
tions of counsel, made during the trial, in the order in which the same 
occur. And upon demand of either party to any case, he shall, with- 
in twenty days from the conclusion of the trial thereof, or from the 
time of the demand, if made after the trial, neatly write out in full- 
hand or typewriting a complete copy of his stenographic notes as 
taken therein, with a caption showing the style of the case, its num- 
ber, the court in which it was tried, and when tried, and certify, sign 
and file the same in the office of the clerk of the court in which the case was 
tried; and shall preserve his stenographic notes, in each case in which an 
appeal is taken, as a record of his office. If a party demand the writing out 

73 



Miss. SHOETHAND BEPOBTEES 

of the stenographer's notes for any other than the bona fide purpose of per- 
fecting an appeal, he shall pay the stenographer ten cents per hundred 
words for the same, and such work shall not delay the preparation of rec- 
ords for appeals. (Id., § 4790.) 

Extension of Time for Filing Transcript. The judge, hy an order en- 
tered on the minutes or filed among the papers of the case, may, when he 
deems it proper, grant a reasonable extension of the time in which the sten- 
ographer shall make out and file a copy of his stenographic notes in any 
case, and then the stenographer shall file such copy within the time fixed 
by the judge, subject to the penalties herein prescribed for a wilful neglect 
of duty. (Id., § 4791.) 

Compensation. The stenographer shall receive for his services a salary 
of fifty dollars for each week or part of a week in which the court shall be 
held, payable out of the treasury of each county in which the court is held 
and the services are respectively performed, which shall be audited and al- 
lowed by the court at each session thereof; or in case of failure to do so, 
then at any subsequent session; and the board of supervisors shall order the 
issuance of a warrant for the same on presentation of a duly certified order 
of the circuit court allowing the claim. (Id., § 4792.) 

Penalty for Wilful Neglect of Duty. If the stenographer wilfully neglects 
to perform any duty required of him by law, he shall be deemed guilty of a 
misdemeanor, and, on conviction thereof, may be fined not exceeding five 
hundred dollars, or imprisoned not more than six months; and, moreover, 
he shall be liable to a deduction from his salary at the rate of ten dollars 
a day for each day that he shall be in such default, which deduction shall 
be made by the court when it comes to audit and allow his salary, and in 
addition thereto he shall be liable on his bond to the party injured for all 
damages which may be sustained, by reason of his neglect of duty. If any 
stenographer shall neglect or refuse to transcribe his official notes and to 
file such transcript within the time and in the manner required by law, or 
by order of the court or judge, he shall be liable upon his bond for a penalty 
in the amount of two hundred and fifty dollars, to be recovered by the party 
aggrieved thereby, whether the person aggrieved has suffered any actual dam- 
ages or not. (Id., § 4793.) 

Stenographer Pro Tempore. In case the court stenographer be absent 
during the session of the court, the judge may, by an order entered upon 
the minutes of the court, appoint a stenographer pro tempore, who shall be 
sworn to faithfully discharge his duties as such, and who shall perform all 
the duties and be liable to all the penalties and punishments prescribed for 
or incident to the office of court stenographer of the court, and who shall be 
paid for his services out of the salary of the regular stenographer, and at 
the same rate thereof, for the time that the stenographer pro tempore shall 
act, which shall be audited and allowed by the court. All acts of the sten- 
ographer pro tempore shall be as valid and effectual as if done by the reg- 
ular stenographer; and such as are required to be certified and signed by 
the stenographer shall be certified and signed by him as stenographer pro- 
tempore. (Id., § 4794.) 

Additional Stenographer. When, in the judgment of the court, an addi- 
tional official stenographer is necessary, he may be appointed by the court, 
and shall be paid the same salary and whose powers, duties and qualifica- 
tions shall be the same as the official stenographer. Such additional official 
stenographer shall be discharged when, in the opinion of the court, his 
services are not necessary. (Laws of 1912, Ch. 161.) 

74 



STATUTES Miss. 

May Resign Office— When. It shall not be lawful for the stenographer 
to resign or vacate his office so long as any business, upon the discharge of 
which he has entered, connected therewith is unfinished; but after such 
business has been completed as required by law, he may at any time resign 
or vacate his office; and his resignation shall take effect from the time he 
notifies the judge of the same. (Ann. Code, 1906, § 4795.) 

Removai. The judge may at any time remove the stenographer from 
office for incompetency or neglect of duty, and may, as provided in the first 
section of this chapter, appoint a stenographer to fill the vacancy as often 
as such removals occur; and the clerk of the court shall certify such ap- 
pointment, and a copy of the minutes of the court showing the appointee's 
qualification, to the clerk of the circuit court of each county in the district, 
as hereinbefore provided. (Id., § 4796.) 

Stenographer's Tax Fee. In each case in which a stenographer shall 
serve a stenographer's tax fee of three dollars shall be taxed in the bill of 
costs, and collected and paid into the treasury of the county in which the 
case is tried, as the jury tax is by law collected and paid in. (Id., § 4797.) 

CHANCERY COURTS. 

Appointnnent. In all jury trials in the chancery courts of this state, and 
in other proceedings in said courts in which oral testimony is allowed or re- 
quired to be introduced, the chancellor, holding such court, is hereby empow- 
ered at his discretion to appoint a stenographer in such case or cases before 
him, to take down, under the direction and control of said chancellor in 
stenographic notes, the oral testimony so introduced, and to reduce the same 
to typewriting thereafter as said court may direct. (Laws of 1908, Ch. 130, 
§1.) 

Compensation — Tax Fee. The chancellor shall fix the pay such stenog- 
rapher shall receive for his services in such case or cases not exceeding ten 
dollars for each day or portion thereof, in which he shall so serve, to be paid 
on the order of the chancellor as stenographers in circuit court are now pro- 
vided by law to be paid. And in each case in such court in which a stenog- 
rapher shall so serve a stenographer's tax fee of three dollars shall be taxed 
in the bill of costs and collected and paid into the county treasury as in like 
cases in the circuit court. (I3., § 2.) 

Law as to Circuit Courts to Apply to. All the provisions of law now in 
force, or that may hereafter be enacted, as to the duties of stenographers 
in the circuit court in the taking of testimony, exceptions of counsel, rulings 
and orders of court, and in preparing and filing bills of exceptions in cases 
of appeal to the Supreme Court, shall apply so far as may be applicable to 
similar services by stenographers in the circuit court; and they shall be 
subject to the same penalties for neglect of duty as now provided by law, 
except that the chancellor may relieve them from giving bond in such cases. 
(Id., § 3.) 

Habeas Corpus Proceedings. In habeas corpus proceedings the judge 
or chancellor may in like manner appoint a stenographer, who shall take the 
testimony of witnesses and typewrite the same as in cases in the circuit 
court, when such copy is demanded by either party. (Id., § 4.) 

BILLS OP EXCEPTIONS. 

Transcript in Lieu of, When. In all cases tried either in the circuit or 
chancery court in which the evidence is taken down by an official stenog- 

75 



Miss. SHORTHAND EEPOETEES 

rapher, all pleadings and all papers filed in the case, all orders of the court 
entered on the minutes, all instructions and a copy of the stenographer's 
notes shall constitute the record and no bill of exceptions shall he necessary 
in order to make any of the above matters part of the record. (Laws of 
1910, Ch. HI.) 

Stenographer to Make Transcript — When. In all cases in which the evi- 
dence is noted by the official stenographer, any person desiring to appeal 
the case shall notify the stenographer in writing within thirty days of the 
adjournment of court of the fact that a copy of the notes is desired. This 
notice must be handed to the stenographer personally, or mailed to him at 
his usual place of abode. Upon receipt of such notice it shall be the duty 
of the stenographer to transcribe his notes within sixty days of the date of 
such notice. When the notes shall be transcribed the stenographer shall 
mail or deliver personally, to each attorney or firm, shown by the record to 
be interested in the case, written notice that the notes have that day been 
forwarded or delivered to the clerk of the court, and shall append to the 
copy of his notes his certificate of the fact that such notice has been so 
mailed or delivered, giving the names and addresses of the attorneys or firms 
so notified. It shall be the duty of the stenographer to forthwith upon the 
completion of the transcript of his notes and the mailing or delivering of 
the notices aforesaid, to deliver in person or forward the transcribed notes 
by registered mail, to the clerk where the case was tried. (Provision Is made 
for examination of transcript by counsel, and approval of the same by the 
court.) (Id.) 

Extension of Time. If the stenographer find that he will not be able to 
complete his transcript of the notes in any case within the time prescribed 
by law, he may apply to the circuit judge for an extension of time, who may, 
either in term time or in vacation, grant such extension of time, not to ex- 
ceed sixty days additional time, as the judge may deem consistent with 
justice. (Id.) 

Penalty for Failure to Make Transcript. In case any stenographer shall 
refuse or neglect or omit to perform any duty imposed upon him by the fore- 
going three sections, besides being liable in damages on his oflBcial bond, he 
shall be subjected to a fine of not less than $100 nor more than $500, and 
for the second offense shall be removed from office. This punishment may 
be inflicted by the trial judge of his own motion, or any interested party may 
lodge a written complaint against the stenographer, upon the filing of which 
in the proper court and the presentation to the trial judge, a time and place 
shall be fixed by the judge for hearing the complaint, of which five days' 
notice shall be given the stenographer. Either party may take an appeal 
to the Supreme Court, within thirty days after the rendition of the judgment, 
from the decision of the judge, and the Supreme Court shall have the right 
to remove the stenographer from office, if it thinks proper. (Id.) 

Transcript Not Stricken unless Materially Incorrect. Provided notice as 
above is given to the stenographer by the appellant or his counsel within 
thirty days after the conclusion of the term of court, no stenographer's tran- 
script of his notes shall be stricken from the record by the Supreme Court, 
for any reason, unless it be shown that such notes are incorrect in some 
material particular, and then only in case where such notes have never been 
signed by the trial judge, nor been agreed on by the parties, nor become a 
part of the record by operation of law. (Id.) 

Loss of Transcript, or Death of Stenographer. If the original, or the 
copy of the stenographer's transcribed notes shall be lost or destroyed, or 

78 



STATUTES Miss. 

defaced in any manner, or if the stenographer should die, resign or be unable 
to transcribe his notes and furnish a typewritten copy of his notes, sixty 
days additional time shall be allowed for the preparation of the bill of excep- 
tions, or as the ease may be, another copy of the transcribed notes. In case 
a copy of the transcribed notes cannot be furnished, a bill of exceptions may 
be prepared within the time hereafter stated, just as in cases where no 
stenographer takes down the evidence. In case of the death of the stenog- 
rapher before filing a copy of his notes of the evidence and proceedings in 
any case, or of his failure to file the same within sixty days after notice 
served upon him by the appellant, or within any extended time, the party 
taking the appeal may, within forty days after the forty, sixty, ninety or other 
extended time, prepare and present to the judge a bill of exceptions, as if 
there had not been a stenographer therein, etc. (Id.) 



77 



MISSOURI 

CIRCUIT COURTS— Counties and Cities having 350,000 inhabitants or more 

(*City of St. Louis.) 

Appointment — Oath — Bond — Term. For the purpose of expediting the 
public business and preserving an accurate report of proceedings in the trial 
of causes without expensive delays, the judge of the Circuit Court, or when 
said court consists of more than one judge, then the judge of each division 
thereof, in all cities and counties in this state which may hereafter have a 
population of three hundred and fifty thousand inhabitants or more, is au- 
thorized to appoint one official stenographer for such court or division. Such 
stenographer shall be an official of said court, and shall file therein an affi- 
davit to discharge faithfully and impartially the duties of such office, and 
shall also file therein a bond to the State of Missouri, in the sum of three 
thousand dollars, with two sureties approved by said judge, conditioned for 
the faithful and impartial discharge of said duties, upon which any person 
injured by breach thereof may maintain an action as upon other official 
bonds. Such stenographer shall hold his office until removed by an order 
of such judge, or by an order of such judge appointing a successor. (Rev. 
Stats. 1909, §11231; R. S. 1899, §10105.) 

Duties. It shall be the duty of each official stenographer so appointed 
to attend the sessions of the court, or division to which he is assigned, 
according to the direction of the judge thereof, to take full stenographic 
notes of the oral evidence offered in every case tried in said court or divi- 
sion, and of other proceedings, when directed by said judge to be so re- 
ported, together with all objections to the admissibility of testimony, and 
the rulings of the court thereon, and all exceptions taken to such rulings; 
to preserve all official notes taken in said court for future use or reference, 
and to finally deposit the same with the records of sai4 court, according to 
the directions of the judge thereof; and to furnish any person a longhand 
transcript of all or any required part of said evidence or oral proceedings, 
upon the payment to him of the fees hereinafter provided. When not re- 
porting in open court it shall also be his duty to take such notes as may 
be requested by the judge in chambers, and to furnish the latter a tran- 
script thereof when required. (Id. §11232; Id. §10106.) 

Compensation — Salary and Transcript Fees. Each official stenographer 
shall receive as compensation for his services the sum of eighteen hundred 
dollars per year, which shall be paid in installments of one hundred and 
fifty dollars at the end of each month of said year, by the treasurer of the 
city wherein the court of which he is a stenographer is situated, upon pre- 
sentation to said treasurer of vouchers duly approved and certified by the 
judge in whose division of court said stenographer is employed. Each sten- 
ographer shall also receive from any person ordering longhand transcripts 
of his notes such fees for the same as may be from time to time established 
by orders of said court or judges, as mentioned in § 11231 of this Article, 
not exceeding, however, fifteen cents per folio of one hundred words, each 
four figures to be also counted as one word; and any judge of any court 
may, in his discretion, order a transcript of all or any part of the evidence 
or oral proceedings for his own use, and the stenographer's fees for making 
the same shall be taxed in the manner as other costs in the case. (Id. 
§11233; Id., §10107.) 

Fee to be Taxed in Each Case. In every case, except in suits by the 
state for the collection of delinquent taxes, now or hereafter pending in any 

•The City of St. Louis is In no county. 

78 



STATUTES Mo. 

circuit court or division thereof, where an oflOicial stenographer is appointed, 
the clerk of said court shall tax up the sum of three dollars to be collected 
as other costs, and thereupon to he paid by said clerk to the city treasurer, 
to apply to the payment of salary of such stenographers as above. (Id., 
§ 11234; Id., § 10108.) 

Deputies. Bach official stenographer may appoint one or more dep- 
uties when necessary to assist him in the discharge of his duties, by a 
written appointment, approved by said court and filed therein, and shall be 
answerable for the proper performance of the duties of such deputy; and 
the compensation of the latter shall be paid by such stenographer. (Id., 
§11235; Id., §10109.) 

May Exchange Work. The stenographers or deputies in the several 
divisions of said court may, with the approval of the judges thereof, inter- 
change with each other or report for each other in any of the divisions of 
said court, and shall otherwise conform to such regulations as may be made 
by said court or the judges in their several divisions touching the perform- 
ance of their duties. (Id., §11236; Id., §10110.) 

CIRCUIT COURTS — Counties having more than 100,000 and less than 350,- 
000 inhabitants. (Jackson County.) 

Appointment — Quaiifications — Oatli — Term. For the purpose of pre- , 
serving the record in all cases for the information of the court, jury and 
parties, and for expediting the public business, the judges of the circuit 
courts of the State of Missouri, in counties that now have or may here- 
after have a population of more than one hundred thousand and less than 
three hundred and fifty thousand inhabitants shall appoint an official stenog- 
rapher for each court or division of said circuit court, who shall be well 
skilled in the art of stenography, and shall have had at least two years of 
actual practice in court reporting, although not required to have been an 
official reporter of any court, and be not less than twenty-one years of age. 
Such stenographer shall be a sworn officer of the court, and shall hold his 
office during the term of the judge appointing him. Provided, however, that 
the judge shall, at any time, have power to remove such stenographer upon 
proper charges, entered of record, for incompetency or any misconduct in 
office, specifying such misconduct, and giving such stenographer an oppor- 
tunity of being heard. (Rev. Stats. 1909, §11237; R. S. 1899, §10111.) 

Duties. It shall be the duty of the official stenographer so appointed, 
to attend the sessions of the court, under the directions of the judge there- 
of; and to take full stenographic notes of the oral evidence offered in every 
case tried in said court, together with all objections to the admissibility of 
testimony, the rulings of the court thereon, and all exceptions taken to such 
rulings; to preserve all official notes taken in said court for future use or 
reference, and to furnish to any person a transcript of all or any part of 
said evidence or oral proceedings upon the payment to him of the fee here- 
inafter provided. (Id., § 11238; Id., § 10112.) 

Compensation — Per Diem. The official stenographer appointed under 
the provisions of this article shall receive as per diem compensation the 
sum of ten dollars for each and every day in attendance upon the court for 
which he is appointed, and the amount so allowed shall be certified to the 
county by the circuit judge, and the county court shall issue a warrant upon 
the treasurer therefor. (Id., §11239; Id., §10113.) 

Compensation — Transcript Fees. Said stenographer, except as in the 
next section provided, shall receive from the person or persons ordering 
transcripts of his notes the sum of fifteen cents per folio of one hundred 

79 



Mo. SHORTHAND EEPOETERS 

words for each transcript furnished; and the judge of the court may, in his 
discretion, order a transcript or extract of any part of the evidence or oral 
proceedings for his own use, and the stenographer's fees for making the 
same shall be taxed in the same manner as other costs in the case. (Idi, 
§11240; Id., §10114.) 

Compensation for Duplicate Copies in Certain Cases. In any case taken 
by appeal or writ of error from said circuit court, where it is necessary to 
present a transcript of the testimony or proceedings therein to any appellate 
court for a review of said cause, after the bill of exceptions shall have been 
settled, which shall contain all the testimony and proceedings on the trial 
of said cause, or so much thereof as may be necessary for the purposes of 
the appeal or review, the ofilcial stenographer shall be required, when 
thereto requested by either appellant or plaintiff in error to furnish and file 
in the office of the clerk of said court duplicate copies thereof certified to 
officially, and for the making of such duplicate copies, said stenographer 
shall receive from the party who shall take such appeal or sue out such writ 
of error, the sum of five cents per folio, and the total amount of his fee for 
making the original transcript and said duplicate copies shall be paid at the 
time of making said transcript and copy by the party at whose instance the 
same is made; and this amount, when so paid, shall be taxed as costs to 
abide the result of the case. Provided, however, that if the cause be re- 
versed in the appellate court, the cost of the transcript and copy for the 
appellate court shall be taxed against the losing party in the appellate 
court. Said certified additional copy shall be inserted by the clerk of said 
court in his certified transcript of the record of the case, which is trans- 
mitted by him to the appellate or reviewing court, without re-copying or 
charging for re-copying the same. (Id., § 11241; Id., § 10115.) 

Fee to be Taxed in Each Case, Except. In every case tried, except for 
the collection of delinquent or back taxes, in any circuit court or division 
thereof, where an official stenographer is appointed, the clerk of said court 
shall tax up the sum of three dollars, to be collected as other costs, and paid 
by said clerk into the county treasury, toward reimbursing the county for 
the compensation allowed such stenographer as hereinbefore provided. (Id., 
§11242; Id., §10116.) 

IVIay Appoint Deputies. Such official stenographer may appoint one or 
more deputies to assist him in the discharge of his duties, but he shall not 
be allowed any additional compensation on account of such deputies. Pro- 
vided, however, that any deputy may be removed in like manner as the 
official stenographer. (Id., §11243; Id., §10117.) 

CIRCUIT AND CRIMINAL COURTS— Counties having more than 45,000 

and less than 150,000 inhabitants. (Buchanan, St. Louis and 

Greene counties.) 

Appointment — Qualifications — Oath — Terim. For the purpose of pre- 
serving the record in all cases for the information of the court, jury and 
parties, and for expeditimg the public business, the judges of the circuit 
courts of the state of Missouri, for counties having a population of more 
than forty-five thousand and less than one hundred and fifty thousand inhab- 
itants, shall appoint an official stenographer for each court or division there- 
of of said circuit court, who shall be well skilled in the art of stenography, 
and shall have had at least three years actual practice in court reporting. 
Such stenographer shall be a sworn officer of the court, and shall hold his 
office during the term of the judge appointing him. (Rev. Stats. 1909, 
§11244; R. S. 1899, §10118.) 

80 



STATUTES Mo. 

Duties. It shall be the duty of the official stenographer so appointed 
to attend the sessions of the court, under the direction of the judge thereof; 
to take full stenographic notes of the oral evidence offered in every case 
tried in said court, together with all objections to the admissibility of testi- 
mony, the rulings of the court thereon, and all exceptions taken to such 
rulings; to preserve all official notes taken in said court for future use or 
reference, and to furnish to any person a transcript of all or any part of 
said evidence, or oral proceedings, upon the payment to him of the fee 
hereinafter provided. (Id., §11245; Id., §10119.) 

Compensation — Per Diem and Transcript Fee. The official stenographer 
appointed under the provisions of this article shall receive, as per diem 
compensation, the sum of ten dollars for each and every day in attendance 
upon the court for which he is appointed, and the amount so allowed shall 
be certified to by the judge thereof and paid said stenographer quarterly 
by the county treasurer, upon a warrant drawn by the county court. Said 
stenographer shall also receive from the person or persons ordering tran- 
scripts of his notes the sum of fifteen cents per folio of one hundred words 
for each transcript furnished; and the judge of the court may, in his dis- 
cretion, order a transcript of all or any part of the oral evidence or pro- 
ceedings for his own use, and the stenographer's fees for making the same 
shall be taxed in the same manner as other costs in the case; Provided, 
that in criminal cases where an appeal is taken or a writ of error obtained 
by the defendant, and it shall appear to the satisfaction of the court that 
the defendant is unable to pay the costs of such transcript for the purpose 
of making the appeal, the court shall order the same to be furnished, and 
the stenographer's fees for making the same shall be taxed against the 
state or county, as may be proper; and in such cases the stenographer shall 
furnish to the defendant one transcript of his notes of the evidence, for 
which transcript he shall receive, as compensation therefor, the sum of ten 
cents per one hundred words; and, in addition thereto, when requested so 
to do by the clerk of said court such stenographer shall furnish an addi- 
tional copy of the transcript of the evidence, and shall receive, as his com- 
pensation therefor, the sum of five cents per hundred words, and the clerk 
in making the transcript of any bill of exceptions filed in the cause, shall, 
without copying the same, Incorporate the copy of the stenographer's tran- 
script so furnished him, into the transcript made by the clerk, for the ap- 
pellate court, making the same conform to the bill of exceptions as filed: 
and said clerk shall receive nothing for that part of his transcript so fur- 
nished him by said stenographer. (Id., §11246; Id., §10120, amended Laws. 
1905, p. 306.) 

Fee to be Taxed in All Cases, Except. In every case, except in suits 
for the collection of delinquent or back taxes, and all other suits that are 
settled without going into trial, now or hereafter pending in any circuit 
court or division thereof, where an official stenographer is appointed, the 
clerk of said court shall tax up the sum of three dollars, to be collected as 
other costs and paid by said clerk to the county treasurer, to apply on the 
payment of the per diem compensation allowed such stenographer as herein- 
before provided. (Id., §11247; Id., §10121.) 

May Appoint Deputies. Such official stenographer may appoint one or 
more deputies, when necessary, to assist him in the discharge of his duties. 
(Id., §11248; Id., § 10122.) 

In Criminal Courts — Above Provisions Apply. The judges of the crim- 
inal courts within counties that now have, or may hereafter have, a popula- 
tion of more ^han forty-five thousand and less than one hundred and fifty 

81 



Mo. SHORTHAND BEPOBTEBS 

thousand population, are hereby authorized to appoint an official stenog- 
rapher for such court, subject to the same provisions of law as are now 
applicable to the circuit courts within such counties. (Id., §11249; Id., 
§ 10123.) 

CIRCUIT AND CRIMINAL COURTS— Counties having 45,000 inhabitants 

and less. 

Appointment. The judge of each circuit or criminal court, within coun- 
ties having a population of forty-five thousand inhabitants or less, may ap- 
point a competent official stenographer, to attend during any term of such 
court or any part thereof. (Rev. Stats. 1909, § 11250; R. S. 1899, § 10124.) 

Examination — Qualifications — Certification. Before any person can be 
appointed in the first instance an official stenographer of any court contem- 
plated by the next preceding section, he shall be examined as to his com- 
petency by a committee of at least three members of the bar practicing in 
said court, such committee to be appointed by the judge thereof; the test 
of competency shall be as follows: The applicant shall write in the pres- 
ence of such committee at the rate of at least one hundred and twenty 
words a minute for five consecutive minutes, from questions and answers 
not previously written by him and transcribe the same with accuracy. If 
the applicant pass this test satisfactorily a majority of the committee shall 
furnish him with a certificate of that fact, which shall be filed in the records 
of the court. Upon the occasion of subsequent appointments, the presenta- 
tion of a certified transcript from the clerk of the court of the certificate 
above mentioned shall be taken as prima facie evidence of the stenographer's 
competency. (Id., §11251; Id., §10125.) 

Duties. Such stenographer shall report his arrival at court, and also 
his discharge therefrom to the clerk, who shall make a minute thereof upon 
his journal; he shall be sworn to a faithful performance of his duty, and 
shall remain in attendance upon the court until discharged therefrom by the 
judge thereof, and shall, when directed, by the court, take full stenographic 
notes in every case tried during such attendance of all the oral testimony, 
the admissions made by either side, the objections to the introduction of 
testimony, the rulings of the court thereon, and the exceptions taken there- 
to, and such other proceedings as the court may direct, and shall preserve 
and furnish a transcript of such stenographic notes, or all or any part 
thereof, to any person having an interest therein, upon payment of the fee 
hereinafter prescribed. (Id., §11252; Id., §10126.) 

Fee to be Taxed in Certain Cases. In every case, except in suits by the 
state for the collection of delinquent taxes, tried, in which the stenographer 
is used in any circuit court in counties having 45,000 inhabitants or less, the 
clerk of said court shall tax up the sum of two dollars, to be collected as 
other costs, and thereupon to be paid by said clerk to the county treasurer, 
to apply to the payment of salary of stenographer. (Id., § 11253; Id., § 10127, 
amended Laws 1907, p. 441, Laws 1909, p. 867.) 

Compensation — Salary, How Paid. The official stenographer appointed 
for any entire circuit composed of a county or counties having forty-five 
thousand Inhabitants or less, shall receive as compensation for his services 
the sum of twelve hundred dollars per annum, to be paid proportionally by 
each county in said circuit as the population of such county bears to the 
entire population of the circuit. Such salary to be paid in monthly install- 
ments by the treasurer of each county, uj^on a certificate from the judge 
of said circuit, setting forth the proportionate part each county shall pay, 
which certificate shall be a proper voucher to the treasurer for the amount 

82 



STATUTES Mo. 

SO paid: Provided, however, where there is more than one stenographer 
appointed in any circuit, he shall receive for his services the proportionate 
part only which such county in which he is appointed pays in proportion as 
its population hears to the entire population of the circuit. (Id., § 11254 ; 
Id., § 10128, amended Laws 1909, p. 867.) 

Expenses While in Attendance. Every official stenographer of a circuit 
court or of a criminal court in this state, in counties having 45,000 Inhahit- 
ants or less, shall he allowed and paid all sums of money actually expended 
by him in necessary hotel and traveling expenses while engaged In attending 
any regular, special or adjourned term of court at any place in the circuit 
in which he is appointed such official stenographer, or other than the place 
of his residence therein, or while engaged in going to and from any such 
place for the purposes of attending such terms of court: Provided, how- 
ever, that said necessary hotel and traveling expenses shall he limited to 
the sum of two dollars per day, and such sums of money for said expenses 
shall be paid out of the county treasury of the county in which said term of 
court shall be held in the same manner that the per diem of official stenog- 
raphers in counties having 45,000 inhabitants or less are now paid by law; 
but such necessary expenses shall include nothing except actual traveling 
fare and not more than two dollars each day for board and lodging, and no 
money shall be paid from the treasury of any county under the provisions 
of this section until the judge of the circuit or criminal court of said county 
shall approve an itemized account showing all such actual expenses incurred 
by said official stenographer. (Id., §11255; Laws 1903, p. 270.) 

Compensation in Criminal or Common Pleas Courts. The stenographer 
appointed in any criminal court or court of common pleas within counties 
having 45,000 inhabitants or less shall receive as compensation for his 
services the sum of five dollars per day for each and every day of attendance 
officially upon any court; the amount so allowed shall be paid said stenog- 
rapher by the county treasurer of the county upon the presentation of a 
certificate from the judge of said court in which the services were rendered, 
which certificate shall be a proper voucher to the treasurer for the amount 
so paid: Provided, however, that said stenographer shall not be allowed 
more than one per diem for any one day's services, even though he be used 
in more than one case on the same day. (Id., § 11256; Laws 1909, p. 867.) 

To IVIake Transcripts — Compensation — Duplicate Free in Certain Cases. 
For furnishing a transcript of his stenographic notes or any part thereof, 
the stenographer of any of said courts, or any division thereof, shall receive 
as compensation therefor the sum of ten cents per folio of one hundred 
words; and in all cases of appeal or writ of error it shall be the duty of 
such stenographer, upon the application of the appellant or plaintiff in error, 
to make out upon a typewriter two transcripts in duplicate of his notes of 
the evidence, or such part thereof as may be requested, one of which copies 
he shall deliver to the party ordering the same, and the other deposit with 
the clerk of the court in which the case is pending, for which said stenog- 
rapher shall be entitled to be paid for one copy only at the rate hereinbefore 
prescribed, and for the other copy nothing; and the clerk, in making the 
transcript of any bill of exceptions filed in the cause, shall, as far as pos- 
sible, without copying the same, incorporate the stenographer's transcript 
so filed with him into the transcript made by the clerk for the appellate 
court, making the same conform to the bill of exceptions as filed, and shall 
receive as his fees, for that part of the stenographer's transcript so incor- 
porated only, the sum of five cents per hundred words: Provided, that in 
criminal cases, where an appeal is taken or writ of error obtained by the 
defendant, and it shall appear to the satisfaction of the court that the de- 

83 



Mo. SHORTHAND EEPORTERS 

fendant is unable to pay the costs of such transcript for the purpose of 
making the appeal, the court shall order the same to be furnished, and the 
stenographer's fees for making the same shall be taxed against the state 
or county as may be proper; and in such case the stenographer shall fur- 
nish two transcripts in duplicate of his notes of the evidence, for one of 
which transcripts he shall receive ten cents per hundred words, and shall 
receive no compensation for the other. (Id., § 11257; R. S. 1899, § 10129.) 

Appointment, How Made— Bond. The regular official stenographer pro- 
vided for by this article shall be appointed as such, by an order entered of 
record, by the circuit court of any county in the judicial circuit over which - 
said judge presides, and in which said stenographer proposes to discharge 
the duties of his office. Before entering upon his official duties, the stenog- 
rapher provided for by this article shall, on entering upon the discharge of 
his duties, execute to the state of Missouri a bond, with two or more suffi- 
cient sureties therein (to be approved by the circuit court of the county in 
which said stenographer is appointed, by an entry of record to that effect) 
in the sum of one thousand dollars for the faithful performance of the duties 
of his office. Said bond shall be conditioned for the faithful performance 
of his duties, not only in the county where appointed, but likewise in every 
county in said circuit in which he may act as such stenographer. Said bond 
shall be filed in the office of the clerk of the county court in the county in 
which said bond is approved and by said county clerk safely preserved, and 
may be sued on in the name of the state of Missouri, to the use of any per- 
son, persons or corporation injured by reason of breaches thereof, or failure 
to perform and discharge his duties in any part of said judicial circuit. The 
provisions of this section shall apply to stenographers now in office who 
shall comply with its requirements within thirty days after the same becomes 
a law. This section shall not be construed to prevent the court, in case of 
an emergency, or, if the occasion so requires, from appointing a temporary 
stenographer, who may discharge the duties of the office without being re- 
quired to give bond, as hereinbefore required, and such temporary stenog- 
rapher shall receive as compensation for his services, the sum of five dollars 
per day for each and every day of attendance officially upon any court, and 
in addition thereto, all sums of money actually expended by him in necessary 
hotel and traveling expenses while engaged in attending said court, the same 
to be paid in the manner now prescribed in § 11256 of this article: Provided, 
that such temporary stenographer shall not act or serve as such for a time 
longer than thirty days, at any one time, without complying with this sec- 
tion. (Id., 1 11258; Laws 1907, p. 439, as amended by Laws 1915, p. 392.) 

CRIMINAL COURTS HAVING JURISDICTION OF FELONIES— In Counties 
and Cities of over IQfOfiOO inhabitants. 

Appointment — Term. In cities and counties having a population of over 
one hundred thousand inhabitants, courts having jurisdiction in cases of 
felony shall have a stenographic reporter, such reporter to be appointed 
by the court to hold his office from month to month, during the pleasure of 
said court, or until removed for cause shown, as hereinafter provided. (Id., 
§11259; R. S. 1899, §10130.) 

Salary. The stenographer so appointed shall receive a monthly salary 
of one hundred and fifty dollars, payable at the end of each month by the 
treasurer of said city, where such court sits exclusively within such city, 
and where such court sits at more than one place within such county, then 
by the county court of such county, upon presentation to such treasurer, or 
such county court, of vouchers duly approved by the clerk of said court. 
(Id., § 11260; Id., § 10131.) 

84 



STATUTES ' Mo. 

Oath. Such reporter, before entering upon the discharge of his duties, 
shall take an oath, before some competent person, to faithfully discharge the 
duties of reporter of said court. (Id., § 11261; Id., § 10132.) 

Duties. Such reporter shall attend upon said court, as directed by the 
judge thereof, and shall take accurate shorthand notes of the evidence, pro- 
ceedings had, instructions given by the court, and arguments made, and all 
other pertinent matter, and shall also attend upon any examination of a 
criminal matter, when directed by the prosecuting officer, and shall furnish 
transcripts of his said notes, or any part thereof, in legible English, for the 
use of the state, when so directed by the judge of the court. (Id., § 11262; 
Id., §10133.) 

Notes Filed — Grand Jury Work — Transcript Fees. All shorthand notes 
of examination in criminal matters, other than regular trials thereof, shall 
be turned over at once by said reporter to the prosecuting officer of the 
court. But all other shorthand notes taken by said reporter shall be filed 
by him in the clerk's office of said court, and shall become a part of the 
record of said court, and such reporter shall transcribe, in legible English, 
any of such notes, or any part thereof, whenever required by the clerk so 
to do; and such clerk shall make out certified copies of such transcript or 
longhand notes for any person upon the payment of legal fees allowed by 
law for copies of records and papers, except that whenever said reporter 
shall be required to take notes before the grand jury he shall be sworn to 
secrecy, and all such notes so taken shall also be turned over by said report- 
er to the prosecuting officer of said court; and provided, that in cases of 
appeal and on motions for new trial, the transcript of the evidence shall be 
furnished to the defendant upon the order of the court without cost to said 
defendant when it shall appear to the satisfaction of the court that the 
defendant is unable to pay the cost of such transcript for the purpose of 
making such appeal; and provided further, that the stenographer shall be 
allowed for making such transcript the sum of fifteen cents per folio of one 
hundred words for each transcript so furnished; and when the court shall 
be satisfied that the defendant is unable to pay for making such transcript, 
the same shall be taxed as costs in the case against the state or county, as 
may be proper. (Id., §11263; R. S. 1899, §10134, amended Laws 1907, p. 
440.) 

Substitute. In case of the temporary absence of such reporter, from 
any cause, the court may appoint a skillful shorthand reporter in his place, 
who shall take the same oath, and for the time being shall perform the 
same duties and labors and receive the same compensation, pro rata, as the 
regular reporter. (Id., §11264; R. S. 1899, §10135.) 

Removal — Punishment. If said reporter shall fail to perform, in whole 
or in part, faithfully, the duties, obligations and labors enjoined upon him 
in this article, he shall be at once removed by the court, upon any applica- 
tion of any responsible person showing good cause therefor by competent 
evidence, and if said reporter shall be guilty of any willful or corrupt mis- 
conduct or neglect in the discharge of any of the duties, obligations or labors 
required to be by him performed by any of the provisions of this article, he 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 
be punished by a fine not exceeding five hundred dollars, or by imprison- 
ment in the city jail for a term of not exceeding one year. (Id., § 112S5 ; Id., 
§ 10136.) 



85 



MONTANA 

DISTRICT COURTS. 

Appointment — Term — Oath. The judge of a district court may appoint 
a stenographer for such court, who is an officer of the court, and hold his 
office during the pleasure of the judge appointing him, and he must sub- 
scribe the constitutional oath of office, and file the same with the clerk of 
the court. In districts where there are two or more judges, each judge 
may appoint a stenographer. (Rev. Codes, 1907, § 6373.) 

Duties — What Taken — Filing of Notes. Each stenographer must, under 
the direction of the judge, attend all sittings of the court, take full steno- 
graphic notes of the testimony and of all proceedings given or had thereat, 
except when the judge dispenses with his services in a particular cause, or 
with respect to a portion of the proceedings therein. The stenographer must 
file with the clerk forthwith the original stenographic notes taken upon a 
trial or hearing req.uired to be taken by this section. (Id., § 6374.) 

Duties — Transcript of Exceptions. All objections made, the rulings, 
decisions and opinions of the court, and the exceptions taken during the 
trial, or hearing, must be written out at length, or printed in type, by the 
stenographer and filed with the clerk forthwith after the close of the trial, 
or hearing, and thereafter such exceptions may be settled in a bill of excep- 
tions, as provided in § 6788 of this code. (Id., § 6375.) 

Transcripts for Parties — Compensation for. Each stenographer specified 
in this title must likewise, upon request, furnish, with all reasonable dil- 
igence, to the defendant in a criminal cause, or a party or his attorney, in a 
civil cause, in which he has attended the trial or hearing, a copy, written 
out at length or in narrative form, from his stenographic notes, of the 
testimony and proceedings, or a part thereof upon the trial or hearing, upon 
payment by the person requiring the same, the sum of five cents per folio 
for the copy written out at length, and seven and one-half cents per folio 
for the copy written out in narrative form. If the county attorney or at- 
torney general or judge requires such copy in a criminal cause, the stenog- 
rapher is entitled to his fees therefor; but he must furnish it, and upon fur- 
nishing it he shall receive a certificate of the sum to which he is so entitled, 
which is a county charge, and must be paid by the county treasurer upon the 
certificate like other county charges. If the judge requires such a copy 
in a civil case to assist him in rendering a decision the stenographer must 
furnish the same without charge therefor. If it appears to the judge that a 
defendant in a criminal case is unable to pay for such copy, the same shall 
be furnished him and paid for by the county. (Id., §6376; Act approved 
March 12, 1895.) 

Reporting Fee Collected by Clerk — Taxed as Costs. In every issue of 
fact in civil actions tried before the court or jury before the trial com- 
mences, there must be paid into the hands of the clerk of the court, by each 
party to the suit, the sum of three dollars, which sum must be paid by said 
clerk into the treasury of the county where the cause is tried, to be applied 
upon the payment of the salary of the stenographer, and the prevailing 
party may have the amount so paid by him taxed in his bill of costs, as 
proper disbursements. (Id., § 6377.) 

Salary and Mileage. Every stenographer appointed under the provisions 
of this title receives an annual salary of twenty-four hundred dollars, and 
no other compensation except as provided in § 6376 of the Revised Codes of 
Montana of 1907, payable in monthly installments out of the contingent 
funds of the counties comprising the district for which he is appointed, 

86 



STATUTES Mont. 

according and in proportion to the number of suits entered and commenced 
in the district courts of such counties respectively in the preceding year; 
and it shall be the duty of the judge of such district on the jBrst day of 
January of each year, or as soon after as may be, to apportion the amount 
of such salary to be paid by each county in his district on the basis afore- 
said. The stenographer is allowed in addition to the salary and fees above 
provided, in judicial districts comprising more than one county, a mileage 
of ten cents per mile for the distance traveled by him from one county seat 
to another in the performance of his official duties, said mileage to be ap- 
portioned and payable in the same way as salary. (Id., § 6378; Act approved 
March 4, 1909.) 

Stenographer Pro Tempore. The stenographer of any district court 
must attend to the duties of his office in person, except when excused for 
good and sufficient reason by order of the court, which order must be en- 
tered upon the minutes of the court. Employment in his professional ca- 
pacity elsewhere is not a good and sufficient reason for such excuse. When 
the stenographer of any court has been excused in the manner provided in 
this section, the court may appoint a stenographer pro tempore, who must 
take the same oath and perform the same duties and receive the same com- 
pensation during the time of his employment as the regular stenographer. 
(Id., § 6379.) 

Transcript Prima Facie Evidence. The report of the stenographer, or 
stenographer pro tempore, of any court, duly appointed and sworn, when 
written out in longhand writing, or printed in type, and certified as being a 
correct transcript of the testimony and proceedings in the case, is prima 
facie a correct statement of such testimony and proceedings. (Id., § 6380.) 



87 



NEBRASKA 

COURT OF IMPEACHMENT. 

Appointment — Compensation. The court of impeachment may appoint 
a shorthand reporter, who shall receive such an allowance as the court of 
impeachment may authorize, to be by them reported for the consideration 
of the legislature at its next session. (Rev. Stats. 1913, 1131, i 4.) 

DISTRICT COURTS. 

Appointment — Qualifications — Shall Not Practice Law in District. There 
shall be appointed within and for each of the judicial districts of this state, 
by the district jud^e, a stenographic reporter, who shall be well skilled in 
the art of stenography, and capable of reporting the oral proceedings had in 
court verbatim; and said reporter or his deputy shall not be allowed to 
practice law in the district court within and for the district he is appointed, 
during the tenure of his office as such stenographer. (Rev. St. Neb. 1913, 

1196, §69.) 

Oath — Term of Office — Comipensation. The said reporter shall take the 
oath required to be taken by judicial officers, shall hold his office during the 
pleasure of the district judge, and receive an annual salary of two thousand 
dollars, to be paid by the state as the salary of other officers is paid. (Id. 

1197, § 70.) 

Duties. The said reporter shall attend all terms of the district court 
held within and for the district for which he is appointed, and shall make a 
stenographic report of all oral proceedings had in such court, including the 
testimony of witnesses, with the questions to them, verbatim, and any 
further proceedings or matter when directed by the presiding judge so to do; 
but the parties may, with the consent of the judge, waive the recording by 
such reporter of any part of the proceedings herein required to be taken; 
this shall not include arguments to the jury. And whenever, during the 
progress of the cause, any question arises as to the admissibility or rejec- 
tion of evidence or any other matter causing an argument to the court, such 
argument shall not be recorded by the reporter, but he shall briefly note the 
objection made and the ruling of the court thereon, and any exceptions 
taken by either party to such ruling. (Id. 1198, § 71.) 

Office — Preservation of Notes. The said reporter shall keep and main- 
tain an office Within the district for which he shall be appointed, and shall 
keep and preserve In his said office all stenographic reports made by him 
as in this article required. Such records shall be the property of the state, 
and upon the termination of his office, the said reporter shall deliver the 
same to his successor in office. (Id. 1199, § 72.) 

Transcripts— Time in Which Made — Compensation — How Paid. It shall 
be the duty of such reporter to furnish, on the application of the county 
attorney or any party to a suit in which a stenographic report of the pro- 
ceedings has been made, a longhand copy of the proceedings so recorded, 
or any part thereof, for which he shall be entitled to receive in addition to 
his salary, a fee of ten cents per hundred words, to be paid by the party 
requesting the same; except, where such copy is required by the county 
attorney, his fee therefor shall be paid by the county in the same manner 
as other claims are paid; Provided also, in criminal cases, wherein, after 
conviction, the defendant shall make an affidavit that he is unable by reason 
of his poverty to pay for such copy, the court or judge thereof may, by order 
endorsed on such affidavit, direct the reporter to deliver such longhand copy 

88 



Statutes Neb. 

to such defendant, and his fees therefor shall be paid by the county in the 
same manner as other claims are allowed and paid. It shall be the duty of 
the reporter to deliver such longhand copy of the proceedings therein, In- 
cluding all remarks of the court made in the presence of the jury, within 
forty days from the final adjournment of the term at which the judgment is 
rendered, to the party demanding it. (Id. 1200, § 73.) 

Deputy. The stenographic reporters within and for each of the judicial 
districts of this state may severally, each with the consent of the judge of 
the district in which he acts, appoint as deputy a person well skilled in the 
art of stenography and capable of reporting the oral proceedings had in 
court verbatim. (Id. 1201, § 74.) 

Oath, Duties and Compensation of Deputy. A deputy reporter so ap- 
pointed shall take the oath required to be taken by judicial officers, and may 
perform the duties of the reporter as provided by law, and the reporters of 
the court shall pay for the services of such deputy. (Id. 1202, § 75.) 

Compensation for Otiier Than Court and Deposition Worl<. When the 
services of a shorthand reporter shall be required in any matter other than 
district court work and the taking of depositions, such reporter shall receive 
for his services not to exceed five dollars per day while engaged in the 
actual taking of testimony or proceedings; and in addition thereto ten cents 
per hundred words, and no more, for the original longhand copy thereof; and 
when ordered byJ;he parties to the proceedings, two and one-half cents per 
hundred words, and no more, for each of the first three carbon copies, and 
one cent per hundred words for each additional carbon copy so ordered: 
Provided, in all matters where the aforesaid fees for carbon copies do not 
exceed one dollar, a minimum charge of one dollar may be made for the 
same; and provided, further, in all trials or proceedings wherein costs are 
taxable, the fees aforesaid shall be taxed in the same manner as other costs. 
(Id. 1203, § 76.) 



89 



NEVADA 

DISTRICT COURTS. 

Appointment — ^Term — Duties. The judge or judges of any district court 
in the state may appoint a competent phonographic reporter, or as many 
such reporters as there are judges, to be known as official reporter or 
reporters of such court, and to hold office during the pleasure of the judge 
or judges appointing them. Such reporter, or any one of them, where there 
are two or more, must, at the request of either party, or of the court in a 
dvil action or proceeding, and on the order of the court, the district attor- 
ney or the attorney for the defendant in a criminal action or proceeding, 
take down in shorthand all the testimony, the objections made, the rulings 
of the court, the exceptions taken, all arraignments, pleas and sentences 
of defendants in criminal cases, and all statements and remarks made and 
oral instructions given by the judge; and if directed by the court, or request- 
ed by either party, must, within such reasonable time after the trial of such 
case as the court may designate, write out the same, or such specific por- 
tions thereof as may be requested, in plain and legible longhand, or by type- 
writer, or other printing machine, and certify to the same as being correctly 
reported and transcribed, and when directed by the court file the same with 
the clerk of the court. (Rev. Laws, § 4908 ; Approved March 12, 1907.) 

Qualifications — Examination — Certification. No person shall be appoint- 
ed to the position of official reporter of any court in this state except upon 
satisfactory evidence of good moral character and without being first exam- 
ined as to his competency by at least three members of the bar practicing 
In said court, such members to be designated by the judge or judges of said 
court. The committee of members of the bar so designated shall, upon the 
request of the judge or judges of said court, examine any person as to his 
qualifications whom said judge or judges may wish to appoint as official 
reporter; and no person shall be appointed to such position upon whose 
qualifications such committee shall not have reported favorably. The test 
of competency before such committee shall be as follows: The party exam- 
ined must write in the presence of such committee at the rate of at least 
one hundred and fifty words per minute for five consecutive minutes, upon 
matter not previously written by or known to him, immediately read the 
same back to the committee, and transcribe the same into longhand writ- 
ing, plainly and with accuracy. If he pass such test satisfactorily,' the com- 
mittee shall furnish him with a written certificate of that fact, signed by 
at least a majority of the members of the committee, which certificate shall 
be filed among the records of the court. (Id., § 4909.) 

Must Attend in Person, Except — Reporter Pro Tempore. The official 
reporter of any district court shall attend to the duties of his office in per- 
son, except when excused for good and sufficient reason by order of the 
court, which order shall be entered upon the minutes of the court. Employ- 
ment in his professional capacity elsewhere shall not be deemed a good and 
sufficient reason for such excuse. When the official reporter of any court 
has been excused in the manner provided in this section, the court may 
designate an official reporter pro tempore, who shall perform the same 
duties and receive the same compensation during the term of his employ- 
ment as the official reporter. (Id., § 4910.) 

Oath. The official reporter of any court, or official reporter pro tem- 
pore, shall, before entering upon the duties of his office, take and subscribe 
the constitutional oath of office. (Id., § 4911.) 

90 



STATUTES NeV. 

Transcript Prima Facie Evidence. The report of the official reporter, 
or official reporter pro tempore, of any court, duly appointed and sworn, 
■when transcribed and certified as being a correct transcript of the testi- 
mony and proceedings In the case, is prima facie evidence of such testimony 
and proceedings. (Id., § 4912.) 

Transcript as Bill of Exceptions. In all cases where an official reporter 
is appointed by the court, under authority of law, or by agreement of the 
parties, a transcription of the shorthand report of the proceedings in any 
action or special proceeding, when certified by said reporter to be a full, 
true and correct transcription of such proceedings, may, at the option of 
any party, be submitted to the court for allowance and settlement, as the 
bill of exceptions required under the provisions of this act, and the court 
or judge shall thereupon attach the certificate as herein provided, where- 
upon such bill of exceptions shall be and become a part of the record. 
(Stats. 1915, c. 142, § 5.) 

Compensation. For his services the official reporter shall receive the 
following fees: 

For reporting testimony and proceedings, ten dollars per day, which 
amount, when more than one case is reported in one day, must be appor- 
tioned by the court between the several cases. 

For transcription, he shall receive ten cents per hundred words for 
the first copy, and five cents per hundred words for each additional copy. 

In criminal cases the fees for reporting and for transcripts ordered by 
the court to be made must be paid out of the county treasury upon the 
order of the court; provided, that when there is no official reporter in at- 
tendance, and a reporter pro tempore is appointed, his reasonable expenses 
for traveling and detention must be fixed and allowed by the court and paid 
in like manner. 

In civil cases the fees for reporting and for transcripts, ordered by the 
court to be made must be paid by the parties in equal proportions, and 
either party may, at his option, pay the whole thereof; and in either case, 
all amounts so paid by the party to whom the costs are awarded must be 
taxed as costs in the case. The fees for transcripts and copies ordered by 
the parties must be paid by the party ordering the same. No reporter must 
be required to perform any service in a civil case until his fees therefor have 
been paid to him or deposited with the clerk of the court. (Rev. Laws, § 4913.) 

PRELIMINARY HEARINGS. 

Appointment — Duties — Compensation. The magistrate, if he deems it 
necessary for the best interests of justice, and upon the approval of the 
district attorney, is authorized to employ a stenographer to take down all 
the testimony and the proceedings on said hearing or examination, and 
within such time as the court may designate have the same transcribed 
into longhand or typewritten transcript. The stenographer employed as 
aforesaid shall be sworn by the magistrate before whom such proceedings 
are held to take down in shorthand verbatim, truthfully and correctly such 
proceedings and testimony and to make a true and correct transcript of the 
same into longhand or typewritten transcript. When the testimony of each 
witness is all taken and transcribed, the same must be read over to the 
witness and corrected as may be desired, and then subscribed by the wit- 
ness; or if he refuses to sign it, the fact of such refusal, and any reasons 
assigned therefor must be stated, and the same must be attested by the 

91 



NeV. SHOBTHAND BEPOETEES 

magistrate. And such testimony so reduced to writing and authenticated 
according to the provisions of this section must be filed by the examining 
magistrate with the clerk of the district court of his county, and in case such 
prisoner is subsequently examined upon a writ of habeas corpus, such testi- 
mony must be considered as given before such judge or court. The testi- 
mony so taken may be used by either party on the trial of the cause, and in 
aU proceedings therein, when the witness is sick, out of the state, dead, or 
when his personal attendance cannot be had in court. The compensation 
for the services of a stenographer employed as provided in this section shall 
be such an amount as shall be approved by the magistrate and district 
attorney, not exceeding eight dollars per day for reporting and twenty 
cents per folio for transcribing, to be paid out of the county treasury as 
other claims against the county are allowed and paid. (Id., § 6977.) 



NEW HAMPSHIRE 

SUPERIOR COURT— TRIAL TERMS. 

Appointment — Oath — Duties — Filing of Transcript. The presiding jus- 
tice of any trial term of the superior court shall, upon the request of either 
party to a cause, appoint an of&cial stenographic reporter for such trial, 
who shall be sworn, and who shall make a true report of all the proceed- 
ings, and upon the request of either party the original stenographic notes 
and a duly certified transcript shall as soon as practicable be placed on 
file. (Pub. Laws, 1901, page 723, § 1.) 

Compensation — Taxation of Fees. The Superior Court shall fix the 
compensation of said reporter at not less than five dollars nor more than 
ten dollars per day during the trial; and actual expenses of said reporter 
when away from home engaged in court work, and shall also fix a reason- 
able schedule of prices for copies furnished for the use of the court and 
parties. The parties shall pay for the copies furnished them at their re- 
quest. The court shall order what, if any, part of the amount so paid by 
the prevailing parties shall be taxed in the bill of costs. (Id., § 2, as amend- 
ed by Ch. 34, Laws of 1911.) 

Fees, How Paid. The presiding justice shall order and allow the account 
of such reporter, and the same shall be paid by the county except for copies 
furnished parties. (Id., § 3.) 



92 



NEW JERSEY 

PREROGATIVE COURT. 

It shall be lawful for such Vice-Ordinary to employ a competent sten- 
ographic reporter, for the same purposes that vice-chancellors are authorized 
by law to employ such reporters, and such stenographic reporter shall be 
compensated in the same manner and after the same rates that such sten- 
ographers are compensated for services rendered to vice-chancellors. (2 
Comp. Stat. p. 1724, § 90; P. L. 1900, p. 349.) 

CHANCELLOR'S COURTS. 

Appomtm<eint — Qualifications — Taxation of Fees. Whenever the Chan- 
cellor shall take and hear the evidence of witnesses orally in any cause, it 
shall be lawful for him to employ a competent stenographic reporter to take 
down the evidence of such witnesses for the use of the court and of the 
parties, and to fix, allow and tax the fees of such reporter for writing out 
such evidence, and to apportion the same between the parties, and each 
party shall forthwith pay the part so apportioned, which shall be part of 
the taxable costs in the cause. (1 Comp. Stat., p. 449, § 109; P. L. (Revision) 
1902, p. 545.) 

Compensation. The stenographer so employed shall be paid for his 
services in attending before the Chancellor and taking down the evidence, 
ten dollars per diem, and the sum due such stenographer shall be paid by 
the State Treasurer, on the certificate of the Chancellor. (Id. § 110.) 

VICE-CHANCELLOR'S COURTS. 

Appointment — Qualifications — Taxation of Fees. It shall be lawful for 
each Vice-Chancellor to employ a competent stenographic reporter to take 
down the evidence of such witnesses as may be examined before him for 
the use of the court, and the parties in the cause or matter; and to fix, 
allow and tax the fees of such reporter for writing out such evidence, and 
to apportion the same between the parties; and each party shall forthwith 
pay the part so apportioned to him, which shall be part of the taxable costs 
in the cause. (1 Comp. Stat. 447, § 98; P. L. 1902, p. 542.) 

Compensation. The stenographer employed to report the proceedings 
in the Vice-Chancellors' Courts shall receive ten dollars a day for attending 
such courts, which shall be paid monthly by the State Treasurer on the cer- 
tificate of the Vice-Chancellor. The Vice-Chancellor, with the approval of 
the Chancellor, may fix an annual salary for his stenographer in lieu of such 
per diems, and in such case a certificate stating the amount of the salary 
so fixed, signed by the Vice-Chancellor and Chancellor, shall be filed with 
the State Treasurer, who shall thereafter pay such salary monthly; this 
annual salary shall include payment for services to the Vice-Chancellor in 
the preparation of his opinion or conclusions and other oflicial work, when 
deemed necessary; and for services in his official work other than attend- 
ance upon and reporting proceedings in his court, a Vice-Chancellor may 
employ other persons than a stenographer, paying for such services a sal- 
ary, either monthly or annual, to be fixed and paid in like manner. (Id., 
§ 103; Id., p. 543.) 

Note: In some cases a salary of $2,500 per annum has been fixed in lieu 
of per diem. 

ADVISORY MASTERS. 

Appointment — Qualifications — Duties — Taxation of Fees. It shall be 
lawful for such master (advisory master), when any cause or matter is so 

93 



N. J. SHORTHAND REPORTEBS 

referred to him, to employ a competent stenographic reporter to take down 
the evidence of such ■witnesses as may be examined before him, for the use 
of the court and parties in such cause or matter, and to fix, allow and tax 
the fees of such reporter, for writing out such evidence, and to apportion 
the same between the parties; and each party shall forthwith pay the part 
so apportioned to him, which shall be part of the taxable costs in the cause. 
(Id., p. 449, § 106.) 

Compensation. The stenographer employed to report the proceedings 
in causes before any advisory master shall be paid for his services in attend- 
ing before said master and taking down the evidence, ten dollars per diem, 
and the sum due such stenographer shall be paid by the state treasurer 
monthly, on the certificate of the advisory master, approved by the chan- 
cellor. (Id., p. 449, § 108.) 

SUPREME AND CIRCUIT COURTS. 

Appointment — Duties. The justice of the supreme court holding the cir- 
cuit court in any county, whenever in his discretion it shall seem proper, 
may appoint for his circuit a competent stenographic reporter whose duty 
it shall be to attend in person or by proxy, the sessions of the circuit court, 
court of oyer and terminer, court of quarter sessions, and court of special 
sessions, when requested by said justice or by the judge of such courts so 
to do, and exactly and truly take notes and record verbatim all the evidence 
and proceedings under the direction of said justice, or of the judge of the 
court in which such trial or proceedings may be had, except the arguments 
of counsel, and when requested so to do, to make and furnish true reports 
or transcripts thereof to said justice or judge and to each party in the 
cause. (2 Comp. Stat. p. 1721, § 72; Laws 1900, Ch. 149, § 53, p. 361.) 

Compensation. The compensation of such reporter for attending said 
courts shall be fixed by the justice appointing him, and shall not exceed 
ten dollars per day; provided, that when such reporter shall furnish by 
request, a transcript of the evidence and other proceedings to a party in a 
cause, he shall be paid therefor by said party at a rate not to exceed ten 
cents for one hundred words ; and for a transcript of the evidence and other 
proceedings furnished to the court by order of the court, said reporter shall 
be paid such sum as said justice shall fix, which sum shall be paid by the 
county collector upon the certificate of said justice. (Id., § 73; Id., § 54.) 

The justice of the supreme court holding the circuit court of any county, 
after he shall have appointed for such circuit, a competent stenographic 
reporter, as authorized by law, may, in lieu of the per diem allowance now 
provided by the act to which this is a supplement, fix for such stenographic 
reporter an annual salary or compensation; and if there be more than one 
county circuit court within the judicial district of such justice, he shall fix 
said annual salary having relation to the several county circuit courts with- 
in his judicial district on such basis for each county circuit, as to him shall 
seem reasonable and just, considering the business of the several county 
courts within his judicial district; and upon his filing a certificate with the 
collector of any county within his judicial district reciting the amount of the 
salary so apportioned to such county, and a duplicate of such certificate with 
the state comptroller, said collector shall pay to such stenographic reporter, 
in equal monthly installments, such annual salary so fixed and apportioned 
to said county, and one-third of the sum so paid shall be refunded to said 
county by the state treasurer upon the warrant of said comptroller. (Id., 
p. 1722, § 73a; Laws 1901, Chap. 81, p. 182.) 

Note: In some cases a salary of $2,500 per annum has been fixed in lieu 
of per diem. 

94 



STATUTES N. J. 

Oath. Said reporter shall be duly sworn in open court, faithfully to 
perform all the duties imposed upon him by law, and the justice holding 
said circuit may at any time remove any such reporter and appoint another 
reporter in his place. (Id., § 74; Laws 1900, Chap. 149, § 55, p. 362.) 

Writs of Certiorari — Stenographer. In all cases of writs of certiorari 
hereafter allowed where the evidence given at the trial or proceeding under 
review shall have been reported stenographically by a competent stenog- 
rapher designated by the court, official, tribunal, board or governing body 
before whom such trial or proceeding shall be had, the official or court 
making return to said writ shall, when requested so to do by the prosecutor 
or respondent in said writ, and upon being provided with a transcript of 
such evidence, at least five days prior to the return day of said writ, which 
said transcript shall be duly certified by said stenographer, certify and send 
to the reviewing court as the evidence given at said trial or proceeding and 
as a part of the return to said writ, said transcript of said evidence, and 
said evidence shall constitute a part of the state of the case and be con- 
sidered by the reviewing court upon the argument of said writ as the 
evidence given at said trial or proceeding; provided, however, that this act 
shall not operate to prevent either party from taking additional proofs In 
the manner now or hereafter provided by law; and provided, further, that 
this act shall not apply to District Courts. (P. L. 1914, Chap. 208, p. 419.) 

CRIMINAL COURTS. 

Attendance of Circuit Court Stenographer. It shall be lawful for the 
judge of the court of Quarter Sessions in any county, when in his judgment 
the administration of justice will be facilitated thereby, to designate the 
stenographer of the circuit court to attend, either in person or by proxy, in 
the court of quarter sessions, and in the court of special sessions of such 
county, or in any county of the first class said judge may appoint any com- 
petent stenographer, for which service the stenographer shall be entitled to 
receive such compensation as shall be fixed by said judge, not to exceed 
fifteen hundred dollars per annum. (2 Comp. Stat. 1868, § 146; P. L. 1898, 
p. 917.) 

Appointment — Duties. The presiding judge of the court of oyer and 
terminer, or the judge of the court of quarter sessions, or court of special 
sessions, in and for the several counties of this state, shall, upon request 
of the prosecutor of the pleas, or attorney of any defendant in any indict- 
ment in the said oyer and terminer or quarter sessions, or accusation of 
crime in the court of special sessions, call upon the stenographer of the 
circuit court to attend either in person or by proxy, upon any such trial in 
said court of oyer and terminer, quarter sessions or special sessions, and 
exactly and truly take notes and record verbatim all the evidence and pro- 
ceedings of such trials, except the arguments of counsel, and, when re- 
quested, to make and furnish true reports thereof to the judge, and to each 
party in said cause; provided such request be made to said judge and filed 
with the clerk of such court at least one day previous to the day fixed for 
the trial. (Id., § 147; Laws 1898, Chap. 237. § 147, p. 917.) 

Compensation. The compensation of such stenographer shall not exceed 
ten dollars per day, which sum shall be deposited by the defendant with the 
clerk of said courts, at the time of filing his request for a stenographer, and 
in the event of the conviction of such defendant said sum shall be paid by 
the clerk to the stenographer; but upon the acquittal of said defendant, 
said sum shall be returned by the clerk to said defendant, and in such case 
the compensation of such stenographer shall be paid by the county collector, 
upon the certificate of the trial judge. (Id., § 148; Id., Chap. 237, § 148.) 

95 



N. J. SHORTHAND REP0BXEB8 



COMMON PLEAS COURTS. 



Appointment — DutieB. The judge of the court of common pleas shall 
upon the request of an attorney at law employed In any suit originally begun 
in said court, call upon the stenographer of the circuit court to attend either 
in person or by proxy upon any such trial in said court, and exactly and 
truly take notes and record verbatim the evidence and proceedings of such 
trial, except the arguments of counsel, and when requested, to make and 
furnish true reports thereof to the judge and to each party in said cause; 
provided such request be made to said judge and filed with the clerk of 
such court at least one day previous to the day fixed for the trial. (2 Comp. 
Stat., p. 1728, § 103; P. L. 1900, p. 335.) 

Compensation — Oath. The compensation of said stenographer shall not 
exceed ten dollars per day, which sum in cases originally commenced in 
said court shall be paid by the board of chosen freeholders of the county 
wherein he is employed, upon the certificate of said judge, and such stenog- 
rapher shall, before he enters upon his duties, be sworn in open court faith- 
fully and honestly to perform the duties so imposed upon him; no compen- 
sation shall be paid to such stenographer except when actually engaged in 
the trial of a cause. (Id.; Id.) 

ORPHANS' COURTS. 

Appointment. When any cause or matter shall be so referred to a 
master, it shall be lawful for him to take and hear the evidence of any or 
all witnesses in said cause or matter orally in the same manner as the 
evidence Is now taken and heard In courts of law of this state or trials 
before a jury. And it shall be lawful for such master, when any cause or 
matter is so referred to him, to employ a competent stenographic reporter 
to take down the evidence of such witnesses as may be examined before 
him, for the use of the court and parties in such cause or matter. (Comp. 
Stat. Vol. 3, p. 3809 (Rev. of 1898) § 9b.) 

Compensation. The Orphans' Court shall fix the compensation to be 
paid to such masters and stenographers for their services, which said com- 
pensation shall be paid by the County Collector, on the certificate of the 
said Orphans' Court. (Comp. Stat, Vol. 3, p. 3816; P. L. 1898, p. 717, as 
amended by P. L. 1907, p. 293.) 

Examinations Before Surrogate. All examinations to be taken and 
made use of at the hearing of any cause in the Orphans' Court of any such 
county may be taken and reduced to writing before the surrogate of such 
county, or a master In chancery, . . . and either of the parties may, 
either in person or by his attorney, be present and examine and cross- 
examine such witnesses, and the examination so taken shall be of the like 
force and effect as if taken In the Orphans' Court, and shall be filed with 
the Clerk of said court and read In evidence upon the hearing of said cause, 
saving all just exceptions. (Id. p. 3884; P. L. 1898, p. 784.) 

Compensation Before Surrogate. The surrogate and other ofllcers of 
the Orphans' Court shall receive, for the services hereinafter mentioned, 
the fees thereunto annexed, and no more; and a sheet or folio shall contain 
one hundred words . . . Taking the examination of every witness, for 
each sheet, twenty cents. (Id. 3885; P. L. 1898, p. 789.) 

Note: Since the passage of this act surrogates have been put on a salary- 
basis; by custom, however, a stenographer before a surrogate or in the or- 
phans" court receives $10 per diem and ten cents per folio. 

96 



STATUTES N. J. 



DISTRICT COURTS. 



Appointment — Transcripts. Whenever either party to any cause in any 
district court, in this state, makes application to the judge thereof for the 
appointment of a stenographer to transcribe the proceedings at the trial of 
the said cause and take down the testimony therein, it shall be the duty of 
the said judge to designate a stenographer to act as aforesaid in said case, 
at the expense of the party so applying, which stenographer shall be duly 
sworn; and if an appeal shall be taken from, or a writ of certiorari allowed 
upon the judgment in said cause, the transcript of said proceedings and 
said testimony, made by said stenographer, shall be certified by said judge 
as the state of the case, to be used on the hearing of said appeal or certiorari, 
and shall be transmitted by the party so appealing or suing out said writ 
of certiorari to the Clerk of the Supreme Court within fifteen days from the 
rendition of the judgment. (2 Comp. Stat., p. 1957, § 13b; P. L. 1905, p. 259 
—P. L. 1912, p. 318.) 

DEPOSITIONS. 

May Be Taken in Shorthand. In all cases where the testimony of a 
witness de bene esse is taken upon notice it shall be lawful for the same 
to be taken stenographically, provided the stenographer be first sworn by 
the judge, commissioner or other officer designated to take such testimony, 
which oath shall be in writing, and shall be attached to and be made a part 
of the return of the judge, commissioner or other ofiicer named for taking 
such testimony. (2 Comp. Stat. 2235, § 48; Laws 1903, Chap. 135, p. 219.) 

See also M. 2237, § 57. 

PROCEEDINGS BEFORE BOARDS, ETC. 

Appointment — Oath — Compensation. In all trials or proceedings here- 
after had before any court, official, tribunal, board or governing body of 
this state, where not now otherwise provided by law, such court, official, 
tribunal, board or governing body shall upon request of either party to 
such trial or proceeding, at the expense of the party so requesting, designate 
a competent stenographer reporter, who shall be duly sworn, to report 
verbatim any such trial or proceeding, excepting the arguments of respec- 
tive counsel. Said stenographer shall, upon request, transcribe into type- 
writing the record of such trial or proceeding upon payment to him therefor 
at the rate of ten cents per folio of one hundred words. (P. L. 1914, Chap. 
145, p. 256.) 

GRAND JURY, STENOGRAPHER TO CLERK OF 

In any county of the first and second class in this state the justice of 
the Supreme Court holding the circuit of such county may designate some 
person who is a competent stenographer and who is regularly employed in 
the office of the prosecutor of the pleas of such county, at a stated salary, 
to act as assistant to the clerk of the grand jury of such county, in addition 
to his regular duties in said office; and it shall be lawful, when requested 
by the grand jury, for the person so designated to attend the sessions of 
the grand jury, and take the minutes of the evidence there adduced; pro- 
vided, the person so designated shall not be entitled to any extra compen- 
sation for his services as assistant to the clerk of the grand jury. (P. L. 
1912, p. 910.) 

See 2 Comp. Stat. p. 1869, § 1480. 

97 



N. J. SHOETHAND EEPOETEES 

COURT OF CHANCERY RULES. 

Stenographer's Fees. Where testimony is taken before an examiner by 
means of a stenographer, the fees taxed to the examiner therefor shall be 
divided between him and the stenographer as follows: (One-third to the 
examiner and two-thirds to the stenographer:) (And where testimony shall 
have been taken before a vice-chancellor, or an advisory master, by means 
of a stenographer, no examiner's fees shall be taxed in the bill of costs.) 
§ 110. 

Examination to Proceed as Rapidly as Possible. When a stenographer, 
appointed by the vice chancellor, shall attend to take down the testimony, 
the examination shall proceed as rapidly as counsel can ask, and the wit- 
ness answer, the questions. The examining counsel shall not take notes, 
nor shall the examination be delayed in order that any counsel or other per- 
son, except the reporter, may take minutes of the testimony. But every 
effort shall be made by the court and counsel to expedite the cause, so far 
as may be consistent with a full and fair hearing thereof. § 197. 



NEW MEXICO 

DISTRICT COURT. 

Appointment — Oath — Compensation — Filing of Notes — Transcripts. 
When in the opinion of the judge of the district court, the services of a sten- 
ographer are necessary, he may appoint one, who shall take oath. Such 
stenographer shall receive seven dollars a day, to be paid out of the court 
fund for his attendance upon said court for such services as he may be re- 
quired by the court to perform at and during the term of said court, and 
for any services he may be required by the court to perform in the trial of 
cases before court in chambers, provided that he shall not receive over 
$150.00 a year for services in chambers. The notes of the official stenog- 
rapher shall at the end of the term of court be deposited in the office of the 
clerk of the court. Transcripts shall be furnished to any party at a charge 
not exceeding fifteen cents per folio. (Stats., 1915, §§ 1379, 1380.) 

Residence. No stenographer shall be eligible to be appointed unless 
such person shall have been a bona fide resident of the state for two years 
prior to the date of such appointment. (Stats., 1915, § 3950; Laws 1909, 
c. 127.) 

Making up Bills of Exceptions — Filing Transcripts. In all cases tried 
by the court, either with or without the intervention of a jury, the testi- 
mony, all rulings of the court, objections made and exceptions taken on the 
trial shall be taken down by the court stenographer. After such trial any 
party to the action may require the court stenographer to transcribe the 
whole or any part of his stenographic notes, and when the stenographer shall 
have transcribed his notes he shall file the same in the office of the clerk 
of the court in which the action in which they were taken was tried. After 
notice (as herein provided) unless said transcript or other matters tendered 
shall be shown to be incorrect, and in that case after its correction, the judge 
or his successors, shall settle, sign and deliver the said transcript as a bill 

98 



STATUTES N. Mex. 

of exceptions, adding thereto such additional matter properly sought to be 
added. For the purpose of having said bill of exceptions signed and sealed, 
it shall not be necessary to make out a new copy of the notes of said sten- 
ographer or other matters tendered, but the same may be referred to and 
identified as a part of the bill of exceptions; nor shall it be necessary to 
serve a copy thereof with the notice. (Stats., 1915, § 4495.) 

Compensation for Other than Term Time. The stenographer shall be 
compensated for taking down testimony (except testimony taken in term 
time, where the court stenographer acts) at the rate of seven dollars per 
day, and shall be allowed for transcribing the same ten cents per folio for 
the original copy, and three cents per folio for each additional copy. (Stats., 
1915, § 4496.) 

When Stenographer's Notes not Available. When for. any reason a tran- 
script of the stenographer's notes taken upon the trial of any cause cannot 
be obtained, a statement of the facts of the case may be prepared and sub- 
mitted to the court together with the rulings of the court on the admission 
or rejection of evidence, when excepted to, and the same shall be settled and 
signed by the court below in the same manner as bills of exceptions were 
formerly settled when no stenographer was used. (Stats., 1915, § 4497.) 

Compensation for Transcripts on Appeal. Where a printed record is 
required in the Supreme Court, the clerk of said court shall tax ten cents 
per folio of one hundred words for the original transcript of the stenog- 
rapher's notes, and three cents for one additional copy thereof, which sums 
are hereby fixed as the compensation of stenographers for preparing trans- 
cript and copies thereof. (Laws 1907, Ch. 57, § 34, p. 133, as amended by 
§ 3, C. 120 Laws 1909, p. 338, and Laws 1915, C. 77.) 

Filing Extra Copies^Compensation — Payment in Advance. The stenog- 
rapher when transcribing his notes shall make as many copies as are de- 
manded, and shall certify and file them with the clerk of the court In the 
same manner as the original. The court may, by rule, where not otherwise 
fixed by statute, fix the compensation of stenographers for such extra copies 
so filed with the clerk, which shall be paid for in advance if demanded, by 
the parties ordering the same, and the amount so paid for the original and 
one copy of such transcript by the party ordering the same shall be taxed 
as costs. (Stats., 1915, § 4255.) 

Mileage. Stenographers and Interpreters employed in the several dis- 
trict courts of the territory shall hereafter be allowed ten cents per mile 
for each mile actually and necessarily traveled in going to and returning 
from the several courts in their respective districts, payable out of the court 
fund. (Stats., 1915, § 1409.) 

GRAND JURIES. 

Appointment — Duties — Comipensation. The several district judges of 
this territory shall be authorized to employ and appoint a competent person 
to reduce to writing upon a typewriting machine testimony given before 
grand juries, stenographer to take down the same in shorthand, any person 
so employed and appointed shall be sworn in open court to accurately report 
such testimony and to keep secret all proceedings of the grand jury occur- 
ring in his or her presence, or in any way coming to his or her knowledge, 
by virtue of such position, and may immediately upon the completion of the 
writing or transcribing of the said stenographic notes of the testimony in 
each case deliver the transcript thereof to the foreman of the grand jury, 
who shall require the witness giving such testimony to subscribe his name 

«9 



N. MeX. SHORTHAND BEFOBTEBS 

thereto. Persons employed in the aforesaid capacity shall receive as com- 
pensation not to exceed five dollars per day to be paid out of the court fund 
by order of the court. It shall be the duty of the foreman of the grand jury, 
upon completion of the investigation in any case, to deliver all such testi- 
mony to the district attorney. (Stats., 1915, § 3123.) 

PRELIMINARY EXAMINATIONS. 

Appointment — Duties. In all preliminary examinations before justices 
of the peace of the crimes of murder or other felonies, whenever, in the judg- 
ment of the district attorney, it is advisable to perpetuate the testimony in 
order to submit it to the grand jury, the district attorney is authorized to 
employ a stenographer to take down the evidence and transcribe it, and the 
district attorney may present such evidence to the grand jury after it has 
been transcribed and certified to. (Stats., 1915, § 3261.) 

Compensation. For such services the stenographer shall receive the 
same allowance as is provided for like services in the district court. (Comp. 
Laws, 1897, § 3380.) 

How Paid. Justices of the peace shall certify the number of days the 

stenographer is employed in taking down the testimony, which certificate 

shall be endorsed by the district attorney, and presented to the board of 

'county commissioners, and audited and paid out of the county funds. (Stats., 

1915, § 3262.) 

SENATE AND HOUSE OF REPRESENTATIVES. 

Provision is made for the employment by the State Legislature of six 
stenographers of the Senate at the rate of six dollars per diem; and of eight 
stenographers of the House of Representatives at the same per diem. (Laws 
of 1912, C. 2, § 2.) 

COMMISSIONS. 

Provision is made for the employment of a stenographer by the State 
Corporate Commission, who shall take and transcribe the evidence taken 
before the commission, In triplicate. (Ch. 78, | 12, Laws of 1912.) Doc- 
umentary evidence may be filed before said commission, or whenever prac- 
ticable, such matter may be read and taken down by the stenographer and 
thus made a part of the record. (Id., § 8.) 

It is provided by the rules of the Board of Water Commissioners that 
when either party desires to have testimony of witnesses transcribed, he 
shall deposit with the clerk sufllcient funds to pay for same at the rates 
charged for transcribing testimony in cases in district courts of New Mexico. 
(Rule VI., § 2.) 



100 



NEW YORK 

CERTIFIED SHORTHAND REPORTER.* 

Defined. A certified shorthand reporter is one who has been adjudged 
competent to report court proceedings, references, commissions, conven- 
tions, deliberative assemblies or meetings of like character. (Cons. L., 
General Bus. L. 1909, Art. 8A, § 85; and Laws 1913, Ch. 249.) 

Qualifications. Any citizen of the United States, or person who has 
duly declared his intention of becoming such citizen, residing or having a 
place for the regular transacton of business in this state, being over the 
age of twenty-one years, and of good moral character, and who shall have 
received from the regents of the university a certificate of his qualifications 
to practice as a public shorthand reporter as hereinafter provided, shall 
be styled and known as a certified shorthand reporter* and no other 
person shall assume such title or use the abbreviation C. S. R., or any 
other words, letters or figures to indicate that the person using the same 
is such certified shorthand reporter. (Id., § 86.) 

Examination and C«rtif!catloin — Revocation. The regents of the uni- 
versity shall appoint a board of three examiners, which board shall after 
the year nineteen hundred and fourteen be composed of certified shorthand 
reporters. The term of oflSce of the members of such board of examiners 
shall be three years, except that of the first board appointed under this ar- 
ticle, one member shall hold office for one year, one member for two years, 
and one member for three years, such respective terms to be determined by 
the regents of the university, who shall also fill any vacancies which may 
occur in such board. Said board of examiners shall, subject to the approval 
of the regents, make such rules and regulations, not inconsistent with the 
law, as may be necessary for the proper performance of its duties. Any 
member of the board may, upon being duly designated by the board or a 
majority thereof, administer oaths or take testimony concerning any matter 
within the jurisdiction of the board. The regents shall charge for examina- 
tion and certificates such fee as may be necessary to meet the actual 
expenses of such examinations, and they shall report annually their receipts 
and expenses under the provisions of this article to the state comptroller, 
and pay the balance of the receipts over expenditures to the state treasurer. 
The regents may revoke any such certificate for sufficient cause after 
written notice to the holder thereof, and a hearing thereon. (Id., § 87.) 

Vioiations. Any violation of the provisions of this article shall be a 
misdemeanor. (Id., § 89-a.) 

CIVIL SERVICE. 

Note: The stenographers in all courts of this state come under the Civil 
Service Law, rules and regulations being made by the Civil Service Commis- 
sion. 

Competitive Class. The competitive class shall include all positions 
''for which it is practicable to determine the merit and fitness of applicants 
by competitive examination, and shall include all positions now existing, 
or hereafter created, of whatever functions, designations or compensation, 
in each and every branch of the classified service, except such positions as 
are in the exempt class, the non-competitive class or the labor class. 
Appointments shall be made to or employment shall be given in all positions 

•Note: Original act says "Certified Shorthand Reported." 

101 



N. Y. SHOBTHAin) EKPOBTEBS 

in the competitive class that are not filled by promotion, reinstatement, 
transfer or reduction under the provisions of this chapter, and the rules 
in pursuance thereof, by appointment from among those graded highest in 
open competitive examinations conducted by the state or municipal com- 
mission, except as herein otherwise provided. The term of eligibility shall 
be fixed for each eligible list at not less than one nor more than four years. 
Appointment shall be made from the eligible list most nearly appropriate 
for the group in which the position to be filled is classified, and a new list 
shall be created for a stated position or group of positions only when there 
is no appropriate list existing from which appointment may be made. No 
person shall be appointed or employed under any title not appropriate to 
the duties to be performed, and no person shall be transferred to, or assigned 
to perform the duties of, any position subject to competitive examination, 
unless he shall have previously passed an open competitive examination 
equivalent to that required for such position, or unless he shall have served 
with fidelity for at least three years in a similar position. Appointments 
to positions in the state service, the duties of which are confined to a 
locality outside of Albany county, shall, so far as practicable, be made from 
residents of the judicial district or districts including such locality. The 
examinations shall be public and shall be practical in their character and 
shall relate to those matters which will fairly test the relative capacity 
and fitness of the persons examined to discharge the duties of that service 
into which they seek to be appointed. Such commissions shall prepare lists 
of preliminary requirements and subjects of examination for the several 
positions or groups of positions in the competitive class and shall publish 
their rules and such information, and advertise such examinations in such 
manner as the nature of the examinations may require. Elach of such 
commissions shall require intending competitors to file in its oflSce a 
reasonable length of time before the date of any examination, a formal 
application in which the applicant shall state under oath: 

1. His full name, residence and postofiBce address. 

2. His age and the place and date of his birth. 

3. His health and physical capacity for the public service. 

4. His right of preference by reason of military or naval service. 

5. His business or employment, and residence for at least the previous 
five years. 

(Cons. L., Civil Service Law, 1909, § 14.) 

SUPREME COURT— APPELLATE DIVISION. 

Appointment. The justices of the appellate division of the supreme 
court in the first department, or a majority of them, must appoint, and may 
at pleasure remove, a stenographer for each part or term of the supreme 
court; and three stenographers, either male or female, for the appellate 
division of the first department. Each justice of the appellate division in 
each of the third and fourth departments shall have power to employ the 
services of a stenographer or a confidential clerk. (Cons. L., Judiciary L., 

Duties. Each stenographer appointed by the justices of the appellate 
division of the first department for each part or term of the supreme court 
and for the appellate division in said department pursuant to § 109 of this 
chapter must attend the sittings of the term or part to which he or she is 
assigned, or the sitting of such other term or part of said court as shall 
be directed by the presiding justice of the appellate division. (Id., § 306.) 

102 



STATUTES N. Y. 

Compensation. The stenographers appointed by the justices of the 
appellate division of the first department for each part or term of the 
supreme court and for the appellant division pursuant to § 109 of this 
chapter shall receive an annual salary of three thousand six hundred dol- 
lars, payable in equal monthly installments. The compensation of each 
stenographer or confidential clerk appointed by the justices of the appellate 
division of the third and fourth departments, shall not exceed eighteen 
hundred dollars a year, to be paid by the comptroller of the state upon the 
certificate of the justice by whom he is employed. (Id., § 307, as amended 
by L. 1911, ch. 543, L. 1912, ch. 173, L. 1913, ch. 491.) 

Typewriter Operators — Appointment. The, justices of the appellate 
division of the supreme court in the first department, or a majority of them, 
must appoint, and may at pleasure remove, one typewriter, either male or 
female, for the appellate division of the first department. The justices 
of the appellate division of the supreme court in the second judicial 
department, or a majority of them, may appoint, and at pleasure remove, 
two typewriter operators. (Cons. L., Judiciary L., 1909, § 110.) 

Same — Compensation. The salary of each of said typewriter 
operators so appointed in the first and second judicial departments shall 
be fixed by said justices in their discretion, not to exceed $2,400 per annum. 
In the first department such salary shall be paid by the city of New York, 
and in the second department by the comptroller of state. (Id., § 308, as 
amended by L. 1913, ch. 387.) 

SUPREME COURT. 

Appointment. 1. In addition to the stenographers appointed under 
special laws, the justices of the supreme court, or a majority of them, for 
each judicial district, excepting the first, second, third, fifth, seventh, eighth 
and ninth, shall appoint, and may at pleasure remove, three stenographers. 

2. The justices of the supreme court, residing in the county of Kings, 
or a majority of them, may appoint and may at pleasure remove sixteen 
stenographers. 

3. Each justice of the supreme court for the second judicial district, 
who does not reside in the county of Kings, may appoint, and may at pleas- 
ure remove, a stenographer, and such justices, or a majority of them, may 
also appoint, and at pleasure remove, two additional stenographers. 

3-a. The justices of the supreme court residing in the county of Kings, 
or a majority of them, may appoint and at pleasure remove, a typewriter 
operator for the purpose of copying their minutes, and doing any other 
confidential work which may be required by said justices or the clerk of 
the court. The salary or compensation to be paid to such typewriter 
operator shall be fixed by said justices, and the expense thereof shall be 
raised with the annual tax levy as a county charge. 

4. The justices of the supreme court, or a majority of them, for the 
third judicial district, shall appoint, and may at pleasure remove, four 
stenographers of the supreme court for such district. 

5. Each of the justices of the supreme court assigned to hold special 
terms in the third and fourth judicial districts for the hearing of contested 
motions, and the trial of issues of fact and law, may appoint and at 
pleasure remove a stenographer. 

6. The justices of the supreme court, or a majority of them, for the 
fifth and seventh judicial districts, respectively, shall appoint, and may at 
pleasure remove, five stenographers of the supreme court for each of such 
districts. 

103 



N. Y. SHOBTHAND KEPORTEBS 

7. The justices of the supreme court for the eighth judicial district 
may appoint, and may at pleasure remove, ten stenographers of the supreme 
court for such district. 

8. Each justice of the supreme court for the ninth judicial district may 
appoint, and may at pleasure remove, a stenographer. (Cons. L., Judiciary 
L., 1909, § 161, as amended by L. 1909, chs. 202, 401, and L. 1910, ch. 60.) 

Attendance. 1. The stenographers appointed pursuant to § 161 of this 
chapter, hy the justices of the supreme court, residing in the county of Kings, 
shall severally attend, as directed by the respective justices appointing 
them, the terms of the appellate division and trial and special terms of the 
supreme court, in the county of Kings. 

2. Each of the stenographers appointed pursuant to said § 161, by 
the justices of the supreme court,, for the second judicial district, who do 
not reside in the county of Kings, must attend as directed by the justice 
appointing him the trial and special terms of the supreme court, held in 
the counties of Suffolk, Queens, Nassau and Richmond, or either of them, 
and when not thus oflacially engaged, the stated terms of the county court, 
in each of those counties. 

3. Each of the stenographers appointed pursuant to said § 161 by the 
justices of the supreme court, for the ninth judicial district must attend, 
as directed by the justice appointing him, the trial and special terms of 
the supreme court held in the counties of Westchester, Putnam, Dutchess, 
Orange and Rockland, or either of them, and when not thus officially 
engaged, the stated terms of the county court in each of those counties. 

4. Each of the stenographers appointed pursuant to said § 161, by the 
justices of the supreme court for each judicial district except the first, 
second and ninth shall attend such special and trial terms of the supreme 
court In his judicial district as he shall be assigned to attend by the 
justices of the supreme court, or a majority of them, for such district. 
(Cons. Li., Judiciary L,., 1909, § 309.) 

Duties — Third and Fourth Districts. The stenographer to each of the 
justices of the supreme court in the third and fourth judicial districts, 
appointed pursuant to § 161 of this chapter, must attend and perform all 
such services, as may be required of him In reporting, writing out, copying 
and otherwise assisting In all judicial proceedings before the justice appoint- 
ing him, and also In transmitting papers to the county clerk's office in 
said district for filing and entry therein. (Id., § 311.) 

Duties — Eiglith District. The stenographers of the supreme court In 
the eighth judicial district appointed pursuant to § 161 of this chapter shall 
report and transcribe opinions for the justices of the supreme court, when 
required, without additional compensation, and shall, within twenty days 
after notice by an attorney or party that he intends to appeal make a case 
and exceptions or bill of exceptions In a criminal or civil action, or that 
briefs are to be made or arguments prepared In an action tried before the 
court without a jury, file with the clerk of the county in which the venue 
of such action is laid, a transcript of the minutes taken by him on such 
trial together with such notes attached thereto. The stenographer shall 
be entitled to the amount provided by § 3311 of the Code of Civ. Pro. as 
the same is now or may hereafter be amended, for each folio of transcript 
so filed, and such amount shall be paid by the treasurer of the county 
wherein the venue of such action Is laid, upon the order of the justice pre- 
siding at such trial. The attorney giving such notice and the party shall 
be jointly and severally liable for the amount so paid by the county treas- 
urer for such transcript, unless within six months after the filing of 

104 



STATUTES N. Y. 

such transcript such attorney or party shall file with the clerk of the county 
In which the venue of such action is laid proof by affidavit that an appeal 
has been taken in good faith with the intent to prosecute the same, a case 
and exceptions or bill of exceptions in a civil or criminal action has been 
made and filed or briefs or arguments have been prepared and made In an 
action tried before the court without a jury. If such affidavit is not filed 
as aforesaid, the party or his attorney giving such notice shall pay to the 
county treasurer on demand, the amount paid by the said treasurer to the 
stenographer for such transcript and the treasurer may recover said amount 
in his name of office, in any action in any court of competent jurisdiction 
against said attorney and party. (Id., § 310.) 

Salary — Second District. 1. The stenographers appointed pursuant to 
§ 161 of this chapter, by the justices of the supreme court residing in the 
county of Kings, shall receive an annual salary to be fixed by said justices, 
and the expense thereof shall be raised with the annual tax levy as a 
county charge. 

2. Each stenographer appointed as prescribed in § 161 of this chapter, 
by the justices of the supreme court for the second judicial district who 
do not reside in the county of Kings, shall receive an annual salary to be fixed 
by such justices not exceeding three thousand six hundred dollars. To make 
up and pay the salaries specified in this subdivision, the board of super- 
visors of each of the counties in said district must annually levy, and 
cause to be collected, as a county charge, a proportionate part of the sum 
necessary to pay the same, to be fixed by the comptroller of the state, 
in accordance with the amount of the taxable real and personal property 
in each county, as shown by the last annual assessment roll therein. The 
treasurer of each county must pay over the sum so raised, to the comptroller 
of the state, who must thereupon pay the salary of each stenographer, in 
equal quarterly payments, under the direction of the justice making the 
appointment. (Cons. L., Judiciary L., 1909, § 316, as amended by L. 1910, ch. 
180, L. 1913, ch. 491, and L. 1913, ch. 599.) 

Salary — Except First and Second Dlsitricts. Bach of the stenographers 
appointed by the justices of the supreme court pursuant to subdivisions one, 
four, six, seven and eight of § 161 of this chapter shall receive an annual 
salary of three thousand six hundred dollars, to be paid by the comptroller 
of the state in equal quarterly payments, upon the certificate of a justice 
of the supreme court of the judicial district for which he shall have been 
appointed. To provide the means to pay such salary, the comptroller of 
the state shall, on or before the first day of November in each year, fix 
and transmit to the clerk of the board of supervisors in each of the 
counties in said district a statement of the sum to be raised by such board 
of supervisors, in accordance with the amount of taxable real and personal 
property in each of said counties as shown by the last annual assessment 
roll therein. The boards of supervisors in each of such counties shall 
annually levy and cause to be collected in such county and to be paid over to 
county treasurer thereof, the sums fixed by the comptroller to be raised 
by such board of supervisors, and such county treasurer shall pay such 
sum to the comptroller of the state for the payment of said salaries. 
(Cons. L., Judiciary L., 1909, § 313, as amended by L. 1910, ch., 180, and L. 
1913, ch. 491.) 

Expenses — Except First and Second Districts. Each of the stenog- 
raphers specified in the last section is also entitled to payment of his actual 
and necessary expenses, while attending court, including stationery, and ten 
cents for each mile for his actual travel, between the place of holding each 

105 



N. Y. SHOETHAND EEPOETEES 

term and his residence, going and returning, or from term to term, as 
the case may be. The amount thereof must be paid upon the certificate 
of the judge holding or presiding at the term by the treasurer of the county 
where the term is held, from the court fund, or the fund from which jurors 
are paid. But mileage shall not be computed beyond the bounds of the 
judicial district, except where the usual line of travel, from one point to 
another within that district, passes partly through another judicial district. 
(Id., § 314, as amended by L. 1910, ch. 180.) 

Same — To be Certified by Justice Holding Term. The amount to which 
the stenographers of the supreme court are entitled for expenses, as pre- 
scribed in § 314 of this chapter, must be certified by the judge holding or 
presiding at the term. (Id., § 164, as amended by L. 1909, ch. 240.) 

Salary — Third and Fourth Districts — Special Terms. Each stenographer 
appointed pursuant to subdivision five of § 161 of this chapter, by the 
justices of the supreme court assigned to hold special terms in the third 
and fourth judicial districts, shall receive a salary, fixed by said justices, 
not exceeding eighteen hundred dollars per annum and also a reasonable 
sum for actual necessary expenses while traveling to and from said terms, 
and while attending court, including stationery, and the same shall be 
paid by the comptroller in equal quarterly payments, upon the certificate 
of said justices. The comptroller shall annually on the first day of 
November fix and transmit to the clerk of each board of supervisors in 
each of said districts a statement of the sum to be raised by the board of 
supervisors of each of the counties within such district, in accordance with 
the amount of taxable real and personal property in each of said counties, 
as shown by the last assessment roll therein. Said board of supervisors 
must annually levy and cause to be collected, as a county charge, and paid 
over to the several county treasurers the several sums fixed by the 
comptroller and such county treasurers shall pay over the sum so col- 
lected to the comptroller of the state for the payment of such salaries 
and expenses. (Id., § 317, as amended by L. 1911, ch. 543.) 

Same — Certificate of Justices to Comptroller. Each of the justices of 
the supreme court assigned to hold special terms in the third and fourth 
judicial districts appointing a stenographer pursuant to subdivision five of 
§ 161 of this chapter shall annually oil the first day of October fix and 
transmit to the comptroller the amount allowed to such stenographer for 
salary and expenses as provided by § 317 of this chapter. (Id., § 165, as 
amended by L. 1909, ch. 240.) 

Assistant in Kings County — Compensation — How Paid. A stenographer, 
appointed as prescribed in subdivision two of § 161 of this chapter by the 
justices of the supreme court residing in the county of Kings, may, with 
the consent of the judge holding or presiding at a special or trial term of 
the supreme court, employ an assistant stenographer to aid him in the 
discharge of his duties at that term, whose compensation must be paid by 
the stenographer and shall not become a county charge. (Id., § 312.) 

Temporary Stenographer where Official Falls to Attend. If an oflUcial 
stenographer shall not be in attendance at a trial term of the supreme court, 
or a special term of the supreme court where Issues of fact are triable, the 
justice presiding at the term may, in his discretion, employ a stenographer, 
who shall be paid such compensation as the justice shall by his certificate 
fix, not to exceed ten dollars for each day's attendance, and ten cents for 
each mile for travel to and from his residence to the place where the term 
is held, together with a reasonable sum for his necessary expenses and sta- 
tionery. The sum so fixed shall be a charge upon the county in which the 

106 



STATUTES N. Y. 

term shall be held, and shall be paid by the county treasurer upon such cer- 
tificate from the court fund or the fund from which jurors are paid. (Id., 
§ 162.) 

Same — When Compensation for Deducted from Official's Salary. If the 
official stenographer of the judicial district in which such term shall be held 
shall have been duly assigned to attend such term, and it does not appear 
to the satisfaction of the justice that the failure to attend was excusable, the 
justice may cause an order of the court to be entered at such term, that the 
portion of the sum so paid by the county treasurer, which was allowed for 
the per diem compensation for the services of the stenographer employed 
at such term, shall be deducted from the salary of the official stenographer 
who shall have been so assigned to attend such term, and the clerk of such 
county shall transmit to the comptroller a certified copy of such order, and 
the comptroller shall deduct such amount from the salary of such official 
stenographer and pay the same to the treasurer of said county. (Id., 
§ 163.) 

Retirement on Pension. The appellate division of the supreme court of 
the third or fourth departments may, in its discretion, retire any stenog- 
rapher of the supreme court in a judicial district in such department, who 
shall have become physically or mentally incapacitated for the further per- 
formance of the duties of his office, provided he shall have served as such 
in any court of the state for a period of at least twenty-five years, and for 
fifteen years immediately preceding such disability, in the supreme court. 
(A person retired from service pursuant to this section shall be paid an 
annual sum or annuity to be determined by the appellate division, not ex- 
ceeding one-half of the average amount of his annual salary for a period of 
two years preceding his retirement. Such annuity shall be paid in equal 
monthly installments during the lifetime of the person retired. No present 
employee shall be so retired unless within ninety days after this section takes 
effect he shall have signified his intention to the appellate division that he 
desires to take advantage of this section. All employees appointed after 
this section takes effect shall immediately become entitled to the benefits 
herein conferred, subject to the salary deductions hereinafter provided. The 
comptroller shall at the end of each full calendar month thereafter deduct 
and retain monthly from the salary of any such persons one per centum of 
his monthly salary. Money so deducted from the salary of stenographers 
of the supreme court in a department or judicial district shall be kept in a 
separate fund and credited to the department or district. A person retired 
pursuant to this section shall be paid by the state comptroller out of the 
funds credited to the retirement fund from the department or judicial dis- 
trict in which such person shall reside, or if the amount thereof be insuffi- 
cient, the balance shall be paid in the first instance by the state out of money 
appropriated therefor and be apportioned by the comptroller among the 
counties of the department or judicial district in which such person shall 
reside, in proportion to the taxable property of such counties respectively, 
according to the last assessment roll thereof. The amount so apportioned io 
each county shall be a county charge and the county treasurer upon receipt 
thereof shall pay over the same to the comptroller of the state. (Laws of 
1914, Chap. 511.) 

Note: A similar act with reference to the second department was passed 
In 1915, C. 557 Laws. 

Fees for Transcripts. Except where otherwise agreed, or when special 
provision is otherwise made by statute, a stenographer is entitled, for a 
copy fully written out from his stenographic notes of the testimony, or any 

107 



N. Y. SHORTHAND EEPOBTEKS 

Other proceeding, taken in an action, or a special proceeding in a court of 
record, or before a judge or justice thereof, and furnished, upon request, to 
a party or his attorney, to the following fees for each folio. In a trial term 
of the supreme court, or at a special term of the supreme court in the third, 
fourth, fifth, sixth, seventh or eighth judicial districts, six cents; in any other 
court or courts, ten cents; and for the copy of the testimony required to be 
made in any proceeding for the record of the surrogate's court of the coun- 
ties of New York, Bronx and Kings, ten cents; and the surrogate may order 
that the fees for such record copy be paid out of the estate to which the 
proceeding relates. (Code of Civ. Pro., 1910, § 3311, as amended by Ch. 
198, Laws of 1915.) 

Transcripts in Criminal Cases — How Payable. Where the defendant is 
convicted of a crime punishable by death, the stenographer, within ten days 
after the judgment has been pronounced, shall furnish to the attorney for 
the defendant, at his request, a copy of the stenographic minutes of the 
entire proceedings upon the trial. Where the defendant is convicted of a 
crime not punishable by death the clerk of the court In which the convic- 
tion was had shall within two days after a notice of appeal shall be served 
upon him notify the stenographer that an appeal has been taken, whereupon 
the stenographer shall, within ten days after receiving such notice, deliver 
to the clerk of the court a copy of the stenographic minutes of the entire 
proceedings of the trial certified by the stenographer as an accurate tran- 
script of such proceeding. Such copy shall be filed by the clerk in his ofiice 
and shall constitute the minutes of the court of the trial and be included in 
the Judgment roll as provided by § 485 of this act. The expense of such 
copy shall be a county charge, payable to the stenographer out of the court 
fund upon the certificate of the judge presiding at the trial. (Code of Crim. 
Pro., 1910, § 456.) 

Transcript Required by Justice, Fees for and How Payable. If the 

justice presiding requires a copy of any proceedings written out at length 
from stenographic notes, he may make an order, directing one-half of the 
stenographer's fees therefor to be paid by each of the parties to the action 
or special proceeding, at the rate of ten cents for each folio as written out, 
and may enforce payment thereof. Any such copy shall be accessible to, 
and may be examined by, any of the counsel in the cause. If there are two 
or more parties on the same side, the order may direct either of them to 
pay the sum payable b^ their side, for the stenographer's fees; or it may 
apportion the payment thereof among them, as the justice deems just. 
(Code of Civ. Pro., 1910, § 251.) 

Specifications for Transcripts. The transcribed minutes of a stenog- 
rapher, taken in any civil or criminal action, or in any hearing or special 
proceeding, civil or criminal, shall be written or typewritten on paper of the 
size hereinafter specified; and all cases, briefs, points or other papers re- 
quired or used on an appeal from any judgment, determination or order of 
any court or board shall be printed (when required to be printed by the 
rules of any court) on paper of a uniform size, as follows: The paper must 
be ten and one-half inches by eight inches, and bound on the edge of the 
greatest length. (Id., § 796.) 

Fees for Services Required by Referee Appointed by Appellate Division, 
First Department. The fees of a supreme court stenographer for taking tes- 
timony or furnishing one copy thereof as provided by § 116 of this chap- 
ter when required by an official referee appointed by the appellate division 
of the supreme court in the first department shall be at the rate of ten cents 
a folio, to be paid by the county of New York, where the ofllcial referee has 

108 



STATUTES N. Y. 

been appointed by the appellate division in the first department; and by the 
county in which the action or proceeding is pending, where the oflBcial ref- 
eree has been appointed by the appellate division in the second department. 
(Cons. L., Judiciary L., 1909, § 315, as amended by Laws 1915, C. 224.) 

See also Laws 1915, C. 270. 

Apportionment of Salary, etc. When, by provision of law, a justice of 
the supreme court of this state, by his order, in writing, duly entered in a 
county clerk's office in the judicial district of said justice, apportions the 
stenographer's salary among the several counties of said judicial district, 
or requires the duplication of any stenographic notes taken in said judicial 
district, no notice of the application for said order shall be adjudged neces- 
sary upon any board of supervisors in said judicial district, and the liability 
for compensation for such services shall be deemed fixed upon the perform- 
ance of the work. (Cons. L., Judiciary L., 1909, § 305.) 

Stenographers are Officers of Court. Each stenographer, specified in 
this chapter or the code of civil procedure is an officer of the court or courts, 
for or by which he is appointed. (Id., § 290.) 

Qualifications. A person shall not be appointed to the office of stenog- 
rapher unless he is skilled in the stenographic art. (Id., § 291.) 

Original Notes Part of Proceedings. The original stenographic notes, 
taken by a stenographer, are part of the proceedings in the cause. (Id., 
§ 292.) 

Stenographers IVIust Not be Interested In Printing Contracts. No sten- 
ographer of any court in this state shall be, or become, interested, directly 
or indirectly, as contracting party, partner, stockholder or otherwise, in, or 
in the performance of, any contract, work or business relating to the prep- 
aration or printing of any case, or any case and exceptions, or any case 
containing exceptions on appeal, or any bill of exceptions, or papers on ap- 
peal from non-enumerated motions, or briefs or points of counsel in any 
case in any court of this state. If any such stenographer shall be, or become, 
so interested in any such work of preparation or printing, unless the same 
shall be devolved upon him by law, he shall forfeit his office. (Id., § 293.) 

Oath. Each stenographer specified in this chapter or the code of civil 
procedure, before entering upon the discharge of his duties, must subscribe 
the constitutional oath of office, and file the same in the office of the clerk 
of the court, or, in the supreme court, in the office of the clerk of the county 
where the term sits, or the judge resides, by which or by whom he is 
appointed. (Id., §294.) 

Must Take Full Stenographic Notes. Each stenographer specified in this 
chapter or the code of civil procedure must take full stenographic notes 
of the testimony and of all other proceedings in each cause tried or heard. 
Such stenographer shall take complete stenographic notes of each ruling or 
decision of the presiding judge, and when the trial is by jury each and 
every remark or comment of such judge during the trial, when requested 
so to do by either party, together with each and every exception taken to 
any such ruling, decision, remark or comment by or on behalf of any party 
to the action. (Id., § 295.) 

Changing Minutes. After any ruling, decision, remark or comment of 
a judge during a trial, duly excepted to, has been made the same shall not 
be altered or amended by the stenographer in the minutes furnished by him 
without the consent of the party excepting thereto whether the same is 
made during the charge of the court to the jury or at any other time during 
the trial. (Id., § 296.) 

109 



N. Y. SHORTHAND KEPOETEBS 

Notes to be Filed when Directed by Court. Where the court, or a judge 
thereof, has made an order, pursuant to § 14 of this chapter, directing 
the stenographer to file with the clerk, forthwith or within a specified time, 
the original stenographic notes taken upon a trial or hearing, the stenog- 
rapher must file the same accordingly. (Id., § 297.) 

Preservation of Notes for Two Years when Not Filed. Unless the orig- 
inal stenographic notes taken upon a trial or hearing, are filed, pursuant 
to an order, made as prescribed in § 14 of this chapter, they must be 
carefully preserved by the stenographer, for two years after the trial or 
hearing; at the expiration of which time he may destroy the same. (Id., 
§ 298.) 

Stenographer Must Preserve Records of Predecessor. If the stenog- 
rapher dies, or his oflice becomes otherwise vacant, before the expiration 
of the time specified in the last section, the original stenographic notes 
taken upon trials and hearings must be delivered to his successor in oiilce, 
to be held by him with like effect, as if they had been taken by him. (Id., 
§ 299.) 

Free Transcripts to Judges upon Request. Each stenographer, specified 
in this chapter or the code of civil procedure, must, upon request, furnish, 
with all reasonable diligence and without charge, to the judge holding a 
term or sitting, which he has attended, a copy written out at length from 
his stenographic notes, of the testimony and proceedings, or a part thereof, 
upon a trial or hearing, at that term or sitting. But this section does not 
affect a provision of law, authorizing the judge to direct a party or the 
parties to an action or special proceeding, or the county treasurer, to pay 
the stenographer's fees for such copy. (Id., § 300.) 

Must Furnish Certified Transcript to Parties on Payment of Fees. The 
stenographer shall, upon the payment of his fees allowed by law therefor, 
furnish a certified transcript of the whole or any part of his minutes, in any 
case reported by him, to any party to the action requiring the same. (Id., 
§ 301.) 

Duty with Reference to Writing out Proceedings in Full. The original 
stenographic notes must be written out at length by the stenographer, if 
a judge of the court so directs, or if the stenographer is required so to do, 
by a person entitled by law to a copy of the same so written out. Unless 
such direction is given, or such a requisition is made, the stenographer is 
not bound so to write them out. (Id., § 302.) 

Transcripts to Parties on Payment of Fees or Certificate. Each stenog- 
rapher, specified in this chapter or the code of civil procedure, must upon 
request, furnish, with all reasonable diligence, to the defendant in a crim- 
inal cause, or a party, or his attorney in a civil cause, in which he has 
attended the trial or hearing, a copy, written out at length from his sten- 
ographic notes, of the testimony and proceedings, or a part thereof, upon 
the trial or hearing, upon payment, by the person requiring the same, of 
the fees allowed by law. If the district-attorney, the attorney general or 
the judge presiding at the trial in a criminal cause, requires such a copy, 
the stenographer is entitled to his fees therefor; but he must furnish it, 
upon receiving a certificate of the sum to which he Is entitled. The amount 
thereof must be paid by the treasurer of the county where the trial is held, 
upon the certificate of the district attorney, attorney-general or the judge pre- 
siding at the trial, from the court fund, or the fund from which jurors are 
paid. (Id., § 303, as amended by L. 1912, Ch. 202.) 

110 



STATUTES N. Y. 

Above Provisions Apply to Assistants. The provisions of the preceding 
sections of this article and Section 14 of this chapter are also applicable to 
each assistant-stenographer, now in office, or appointed or employed, pursu- 
ant to any provision of this chapter or the code of civil procedure; except 
that the stenographic notes, taken by an assistant-stenographer, must, if he 
dies or his office becomes otherwise vacant, be delivered to the stenographer, 
to be held by him with like effect, as if they had been taken by him. (Id., 
§ 304.) 

Duty of Board of Supervisors to Provide Funds. The board of super- 
visors of each county must provide for the payment of the sums, charge- 
able upon the treasurer of the county, for the salary, fees, or expenses of 
a stenographer or assistant stenographer; and all laws relating to raising 
money in a county, by the board of supervisors thereof, are applicable to 
those sums. (Cons. L., County L. 1909, § 12, subd. 25.) 

Testimony of a Witness Since Deceased, etc. The testimony of a party 
or witness since deceased or insane or who, being a non-resident, has de- 
parted from the state, together with all exhibits or documents proved during 
such testimony, proven by oath to have been so previously taken or read 
in evidence, may be so given or read in evidence; or the original stenograph- 
ic notes of such testimony taken by a stenographer who has since died or 
become incompetent may be so read in evidence by any person whose com- 
petency to read the same accurately is established to the satisfaction of the 
court or officer presiding at the trial of such action or special proceeding. 
(Code of Civ. Pro., 1910, § 830.) 

Transcript May be Treated as Minutes of Judge. The notes of an offi- 
cial stenographer or assistant stenographer, taken at a trial, when written 
out at length, may be treated in the discretion of the judge, as the minutes 
of the judge upon the trial, for the purposes of this article. (Id., § 1007.) 

COURT OF APPEALS. 

Saiary of Librarian and Stenographer. The salary of the attendant des- 
ignated as librarian and stenographer shall be twenty-two hundred dollars 
per annum; such salary to be paid in monthly installments, and the comp- 
troller is directed to draw his warrant therefor. (Cons. L., Judiciary Lr., 
1909, § 340.) 

COUNTY COURTS. 

Appointment. 1. The county judge in either of the counties of Liv- 
ingston, Onondaga, or Cortland, where issues of fact are triable, may employ 
a stenographer to take stenographic notes upon trial thereat. 

2. The county judge in each of the counties of Albany, Erie, Monroe, 
Oneida, . Rensselaer, Jefferson and Niagara may appoint and at pleasure 
remove a stenographer of said court. 

3. The county judges of the county of Kings, from time to time, must 
appoint, and may at pleasure remove, two stenographers to be attached to 
the county court of the county of Kings, and the county judge of the county 
of Queens, from time to time, must appoint, and may at pleasure remove, 
one stenographer to be attached to the county court of the county of Queens, 
and the county judge of the county of Richmond, from time to time may 
appoint, and may at pleasure remove, one stenographer to be attached to the 
county court of the county of Richmond. 

4. When the board of supervisors of any county except Kings, Queens, 
Livingston, Monroe, Cortland, Westchester, Onondaga, Albany, Erie, Oneida, 

111 



N. Y. SHORTHAND BEPOBTERS 

Rensselaer and Niagara, shall provide for the employment of a stenographer 
for the county court thereof, the stenographer shall be appointed by the 
county Judge. 

5. In any county in which there is a special county judge and the oflB- 
cial stenographer of such county is engaged in the performance of his duties 
as such, or shall be necessarily absent with the consent of the judge there- 
of, the county judge, or special county judge may, in his discretion employ 
a stenographer. (Cons. L., Judiciary L., 1909, Sec. 197, as amended by L. 
1909, Ch. 561, and Laws 1915, C. 91.) 

Duties. 1. The stenographer of the county court of each of the coun- 
ties of Albany, Erie, Monroe, Oneida, Rensselaer, Jefferson and Niagara 
must attend each term of the said court where issues of fact in civil and 
criminal cases are triable. The stenographers of the county court of Kings 
and Queens counties must attend each term of said court. 

2. The stenographers appointed in the various counties specified in 
subdivision two of § 197 of this chapter, shall also report and transcribe 
opinions for the said county judges, as well as special proceedings where a 
stenographer is required, without additional compensation. The stenog- 
rapher of the county court of Jefferson county shall as a part of his official 
duties also act as stenographer to the grand jury of said county, and shall, 
at the request of the district attorney attend preliminary hearings in crim- 
inal cases prior to the action of the grand jury thereupon. 

3. The stenographer of the county court of Niagara county shall with- 
in twenty days after notice by a party that he intends to appeal, make a 
case and exceptions or bill of exceptions in a civil or criminal action, or 
that briefs are to be made or arguments prepared in an action tried before 
the court without a jury, file with the clerk of said county a transcript of 
the minutes taken by him upon such trial. 

4. Each of the stenographers appointed in the county court of Albany, 
Kings, Queens and Richmond counties as provided in § 197 of this chap- 
ter, may, with the consent of the county judge or judges, appoint an assist- 
ant stenographer, to aid him in the discharge of his duties, whose compen- 
sation shall be paid by the stenographer appointing him, and is not a county 
charge. (Id., § 318, as amended by L. 1909, Ch. 561, and L. 1914, Ch. 501.) 

Compensation. 1. The stenographer of the county court of each of the 
counties of Livingston, Onondaga, and Courtland, is entitled to a compensa- 
tion, to be certified by the judge, not exceeding ten dollars for each day's 
attendance at the request of the judge. The stenographer's compensation 
is a charge upon the county, and in the county of Livingston may be audited, 
allowed and paid as other county charges and in the counties of Onondaga 
and Cortland must be paid by the county treasurer on an order of the court, 
granted on the affidavit of the stenographer, and the certificate of the judge 
that the services were rendered. 

2. The stenographer of the county court of Albany county shall receive 
a salary to be fixed by the board of supervisors of said county, not in excess 
of twenty-five hundred dollars per annum, together with his necessary ex- 
penses for stationeiy to be paid by the treasurer of said county of Albany 
in equal monthly installments on the certificate of said judge of Albany 
county that the services have been actually performed, or the expenses nec- 
essarily incurred. 

3. The stenographer of the county court of Erie county shall receive a 
salary of three thousand dollars per annum, together with his necessary 
expenses for stationery to be paid by the treasurer of said county of Erie, 
in equal monthly installments on the certificate of the county judge of Erie 

112 



STATUTES N. Y. 

county that the services have been actually performed, or the expenses nec- 
essarily Incurred. 

4. Each of the stenographers appointed in the county court of Kings, 
Queens and Richmond counties shall receive a salary of three thousand dol- 
lars per annum, to be paid in equal monthly installments. 

5. The stenographer of the county court of Monroe county shall receive 
a salary of twenty-five hundred dollars per annum, together with his nec- 
essary expenses for stationery to be paid by the treasurer of said county 
of Monroe in equal monthly installments in the same manner that the sal- 
aries of other officials of said county are audited, allowed and paid. 

6. The stenographer of the county court of Niagara county shall receive 
a compensation of not to exceed ten dollars for each day's attendance, to 
be paid by the treasurer of said county of Niagara on the affidavit of the 
stenographer and certificate of the judge that the services have been actually 
performed. The stenographer of the county court of Niagara county shall 
be entitled to six cents for each one hundred words of the transcript of his 
minutes taken upon a trial, and filed by him pursuant to § 318, which shall 
be certified to by the judge holding the court at which such trial took place. 
Such sum so certified shall be paid by the county treasurer of said county 
upon presentation of such certificate. 

7. The stenographer of the county court of Oneida county shall receive 
a salary of fifteen hundred dollars per annum, together with his necessary 
expenses for stationery to be paid by the treasurer of the said county of 
Oneida In equal monthly installments on the certificate of the said judge 
of Oneida county that the services have been actually performed or the 
expenses necessarily incurred. 

8. The stenographer of the county court of Rensselaer county shall 
receive a salary to be fixed by the board of supervisors of said county on 
the recommendation of the county judge, together with his necessary ex- 
penses for stationery to be paid by the treasurer of said county of Rensse- 
laer in equal monthly installments in the same manner that the salaries 
of other officials of said county are audited, allowed and paid. The stenog- 
rapher of the county court of Jefferson county shall receive a salary of 
twelve hundred dollars per annum, together with his necessary expenses 
for stationery, to be paid by the treasurer of the said county of Jefferson 
in equal monthly installments on the certificate of the county judge of Jef- 
ferson county that the services have been actually performed pr the ex- 
penses necessarily incurred. 

9. A stenographer appointed, pursuant to subdivision five of § 197 of 
this chapter, in any county in which there is a special county judge, and the 
official stenographer of such county is engaged in the performance of his 
duties as such, or shall be necessarily absent with the consent of the judge 
thereof, shall be paid such compensation as the judge shall by his certificate 
fix, not to exceed ten dollars for each day's attendance. The sum so fixed 
is a charge upon the county, and may be audited, allowed and paid as other 
county charges. (Id., § 319, as amended by L. 1909, Ch. 560 and 561; L. 1910, 
Ch. 27 and 625; L. 1914, Ch. 325 and 501; L. 1915 €. 91.) 

SURROGATES' COURTS. 

Appointment and Salary — New York, Kings, Erie, Albany, Westchester 
and Queens Counties. The surrogate of each of the counties of New York, 
Kings, Queens, Brie, Albany and Westchester must appoint, and may, for 
cause, remove, a stenographer for his court. In the counties of New York 
and Kings such stenographers shall receive a salary fixed by law, to be paid 
as the salaries of clerks in the surrogate's office are paid. In the counties 

113 



N. Y. SHORTHAND EEPOBTEBS 

of Erie, Albany, Westchester and Queens the salary of said stenographer 
shall be fixed by the board of supervisors, or by the board of estimate and 
apportionment, as the case may be, and the payment of such salary shall 
be provided for by such board in the same manner as other county salaries 
are paid. (Code of Civ. Pro., 1910, § 2495.) 

Same — Other Counties. The surrogate of each county, except New York, 
Kings, Bronx, Albany, Westchester, Hamilton, Queens, Richmond and Erie 
may, in his discretion, appoint, and at pleasure remove, a stenographer for 
his court, who, except in Sullivan county, shall receive a salary to be 
fixed by such surrogate, not exceeding in counties having a population 
less than thirty thousand, eight hundred dollars per annum; in counties 
having a population of thirty thousand and not more than fifty thousand, 
not exceeding one thousand dollars per annum; and in counties having a 
population exceeding fifty thousand, not exceeding twelve hundred dollars 
per annum, except that in counties in which are located cities of the second 
class, or in counties in which are located three cities of the third class, such 
salary shall not exceed eighteen hundred dollars per annum; and in any 
county wholly containing a city of the first class, such salaries shall not 
exceed two thousand dollars per annum. The population of the several 
counties shall be determined by the last preceding census. If a regular 
stenographer is appointed in Sullivan county, his salary shall be five hun- 
dred dollars per annum. The board of supervisors shall provide for the pay- 
ment of such salary in the same manner as other county salaries are paid. 
When not actually engaged in the discharge of his duties as stenographer, 
he shall perform such clerical duties in connection with the surrogate's 
court as the surrogate directs. In counties wherein the surrogate is also 
county judge, the stenographer so appointed shall be the stenographer of the 
county court, and shall perform the duties pertaining to a stenographer of 
the county court without additional compensation. In counties where, for 
any cause, a regular stenographer for his court has not been appointed, 
as provided by this section, the surrogate may, in individual proceedings 
requiring the services of a stenographer, appoint a stenographer who shall 
be paid a reasonable compensation, certified by the surrogate in every 
case in which he takes notes of testimony, from the estate or matter in 
which such services are rendered. When the regular stenographer appointed 
under this or the last section is sick, absent, on his vacation, or unable to 
act for other good cause, the surrogate may designate a stenographer to act 
temporarily in his place, who shall be paid by the county a reasonable com- 
pensation certified by the surrogate. (Id., § 2496, as amended by Laws 
1915, e. 221.) 

Duties. The stenographer of a surrogate's court must, under direction 
of the surrogate, take full stenographic notes of all proceedings, in which 
oral proofs are given, except where the surrogate otherwise directs. The 
testimony must be legibly written out at length by him, from his notes 
when required by the surrogate; and the minutes thereof, as so written 
out, must after being authenticated, as prescribed in the next section, be 
filed in the surrogate's ofiBce, and in all cases his stenographic books must 
be- so filed and remain in the surrogate's office five years. (Id., § 2497.) 

Transcript Autlrenticated, Bound and Filed. The minutes of testimony 
written out as prescribed in the last section, or taken by the surrogate, 
or under his direction, while the witness is testifying, must, before being 
filed, be authenticated by the signature of the stenographer, referee, the 
surrogate or the clerk of the surrogate's court, as the case may be, to 
the effect that they are correct. The minutes of testimony written out by the 

114 



STATUTES N. Y. 

Stenographer must be bound, at the expense of the county, in volumes 
of convenient size and shape, indorsed "Stenographic Minutes," and num- 
bered consecutively. (Id., § 2498.) 

Transcript Fees. A stenographer, appointed or acting pursuant to 
§§ 2496 and 2497 of this act, may charge and receive a sum not exceeding 
six cents per folio for furnishing a copy of the minutes, proceedings and 
testimony taken in surrogate's court to any person who applies for the same. 
(Id., §2500.) 

Cost of Transcript Charged to Estate, When. The surrogate may 
order a copy of the stenographer's minutes to be furnished to the contest- 
ant's counsel, and charge the expense thereof to the estate, if he shall be 
satisfied that the contest is made in good faith. (Id., § 2746.) 

GRAND JURIES. 

Appointment. It shall be lawful for the district attorney of any county 
of this state, to appoint a stenographer to take the testimony given before 
the grand juries in said county. In the counties of Erie and Kings, it 
shall be lawful for the district attorney of each of such counties to appoint 
two stenographers, each of whom shall have authority to take and transcribe 
the testimony given before the grand juries in the said counties of Erie 
and Kings respectively. In the county of New York, it shall be lawful for 
the district attorney of such county to appoint three stenographers, each of 
whom shall have authority to take and transcribe the testimony given before 
the grand juries in said county of New York, and such appointments shall 
be in writing, under the hand and seal of such district attorney, and shall 
be filed in the county clerk's olfice of said county of New York. In the 
county of Monroe, it shall be lawful for the district attorney of such county 
to appoint three stenographers, to be known as the first, second and third 
stenographer, each of whom shall have authority to take and transcribe 
the testimony given before the grand juries in said county of Monroe, and 
each of whom shall be considered as an assistant to the district attorney 
and under his direction and control. Every stenographer so appointed, 
whenever directed by the district attorney, shall have authority to attend 
upon and take and transcribe the testimony given at coroner's inquests 
and the examination and trial of criminal cases, which said testimony so 
taken and transcribed shall be for the exclusive use and benefit of the 
district attorney, unless otherwise ordered by the court, or otherwise 
agreed upon by the district attorney. The appointment of a stenographer 
by said district attorney shall be deemed a revocation of any prior appoint- 
ment of a stenographer. (Code of Grim. Pro., 1910, § 952p.) 

Note: As to JefiEerson county, see under County Courts, Cons. Ii., Judi- 
ciary Law, § 318, as amended by L. 1909, ch. 561, and L. 1914, ch. 501. 

To Be a Citizen and Resident of County — Exception. Every stenographer 
appointed under the provisions of this title shall be a citizen and resident of 
the county in which he is appointed, except that the district attorney of 
Hamilton county may appoint a stenographer residing in the county of 
Fulton. (Id., § 952q.) 

Appointment in Writing and Filed — Oath. Every appointment made pur- 
suant to this title shall be in writing under the hand of the oflicial who makes 
the same, and shall be filed in the clerk's office of the county in which 
such appointment is made. Every appointee, before he enters upon the 
duties of his office, shall take and subscribe the constitutional oath of 
office, and shall make oath before the county clerk that he will keep secret 
all matters and things occurring before such grand juries. (Id., § 952r.) 

115 



N. y. SHORTHAND EEPORTEBS 

Revocation of Appointment. Any appointment made under the pro- 
visions of this title may he revoked hy the district attorney, which revoca- 
tion must be in writing and be filed in the ofiace of the clerk of the county 
in which such appointment was filed. (Id., § 952s.) 

Duties. It shall be lawful for any stenographer duly appointed and 
qualified as hereinbefore provided, to attend and be present at the session 
of every grand jury impaneled in the county in which he is appointed, and 
it shall be his duty to take in shorthand or upon a typewriting machine 
the testimony introduced before such grand juries, and to furnish to the 
district attorney of such county a full copy of all such testimony as such 
district attorney shall require, but he shall not permit any other person 
to take a copy of the same, nor of any portion thereof, nor to read the 
same, or any portion thereof, except upon the written order of the court 
duly made after hearing the said district attorney. All of the said original 
notes and minutes shall be kept in the custody of said district attorney, 
and neither the same, nor a copy of the same, or any portion of the 
same, shall be taken from the office of said district attorney excepting as 
above provided. (Id., § 952t.) 

Violation a IVlisdemeanor. Every stenographer appointed as aforesaid, 
who violates any provision of this title is guilty of a misdemeanor. (Id., 
§ 952u.) 

Same. A stenographer appointed to take testimony given before a grand 
jury who permits any person other than the district attorney to take a 
copy of such testimony or of any portion thereof or to read the same or 
any portion thereof, except on the written order of the court, is guilty of 
a misdemeanor. (Cons. L., Penal L., 1909, § 1784.) 

Compensation. Each stenographer appointed as aforesaid shall receive 
such compensation for services rendered while engaged in taking testimony 
before a grand jury, as shall be determined by the board of supervisors of 
the county in which he is appointed, excepting that in the county of New 
York, such compensation shall be fixed by the board of estimate and 
apportionment of the city of New York, and such compensation shall not 
he less than five nor more than ten dollars per day; and in addition thereto 
such stenographer shall be entitled to and shall be allowed for a copy of 
testimony furnished to the district attorney the same rate per folio as is 
now allowed to the stenographers of the county court or court of common 
pleas, in their respective counties, and such stenographer shall receive 
the same compensation for all copies of the evidence in excess of three 
copies, furnished by him to the district attorney. Such compensation shall be 
a county charge, and shall be paid by the treasurer of such county upon the 
affidavit of the stenographer and the certificate of the district attorney 
specifying the number of days of actual service and the number of 
folios furnished, excepting that in the counties of Erie and Monroe 
the salaries of said stenographers shall be fixed by the board 
of supervisors; and excepting that in the counties of Queens and 
Oneida said stenographer shall receive a salary of one thousand dollars 
per annum, and in the county of Orange, twelve hundred dollars per annum; 
and excepting that in the county of Kings the salaries of said stenographers 
shall be fixed by the board of estimate and apportionment of the city of 
New York. Such salaries shall be a county charge and shall be paid 
monthly, and in Erie county semi-monthly, by the treasurer of said county 
In the same manner as the salaries of other county officers are paid. 
(Code of Crim. Pro., 1910, § 952v.) 

116 



STATUTES N. Y. 

Temporary Stenographer. In case of the absence by reason of illness, 
or other cause, of the official stenographer to any grand jury in any county 
of this state, the district attorney of the county may designate a stenog- 
rapher to perform the duties of such official stenographer during such ab- 
sence and the stenographer so designated shall receive the compensation 
■which the official stenographer would have received for the same service, 
and the same shall be deducted from the salary of the official stenographer. 
(Id., § 952w.) 

DISTRICT ATTORNEYS. 

Stenographers Appointed By. In any county having, according to the 
last preceding federal or state enumeration, more than 55,000 inhabitants, 
the district attorney may, when authorized by the board of supervisors, 
appoint assistant district attorneys, detectives, stenographers or interpreters 
for his office. The salaries of any such officers so authorized to be appointed 
by the district attorney shall be fixed by such board of supervisors. (Cons. 
L., County L., 1909, § 202.) 

PRELIMINARY HEARINGS. 

Record Made by Stenographer. Upon any examination provided for in 
this chapter, by or before any police justice or magistrate by whom an official 
stenographer shall have been appointed, under provision of law therefor, 
stenographic minutes of the proceedings and of the examination, deposi- 
tions of witnesses and statement of the defendant, if any, shall be taken 
by such stenographer, and such minutes, when so taken and when certified 
by the stenographer and by the justice or magistrate who held such 
examination, shall be regarded as actually taken down in writing by said 
justice or magistrate and subscribed by the witness or witnesses at such 
examination and by the defendant, and as fully complying with the require- 
ments of this chapter in reference to the taking and subscribing of such 
examination, depositions and statement. (Code of Grim. Pro., 1910, § 221b.) 

Same — Police IVIagistrates in Brooklyn. In an examination held in any 
criminal proceeding by a police magistrate in the city of Brooklyn, the 
testimony of each witness may, in the discretion of the magistrate, be 
taken as a deposition by the official stenographer of the court in which 
said magistrate holds such examination. Such minutes of the testimony 
when so taken, and when certified by the stenographer and by the magis- 
trate who held such examination, shall both, with reference to such exam- 
ination, and in all procedure in connection with such examination, provided 
for by any section of this code not inconsistent herewith, be regarded as 
actually taken down in writing by such magistrate and subscribed by the 
witness or witnesses at such examination. (Id., § 60.) 

Same — Certain Towns. In any town where the assessed valuation of 
property exceeds five million dollars, the magistrate before whom any 
criminal action or proceeding is brought may, if convenience requires and 
with the consent of the supervisor, employ a stenographer to take the 
minutes of such action or proceeding, who shall be allowed and paid the 
fees prescribed by law for stenographers in courts of record. (Laws 1915, 
c. 22, § 126.) 

COURT OF GENERAL SESSIONS OF CITY AND COUNTY OF NEW YORK. 

Appointment. The judges of the court of general sessions of the city 
and county of New York must appoint not more than six stenographers. 
(Code of Crim. Pro., 1910, § 55.) 

117 



N. Y. SHORTHAND KEPORTEKS 

Compensation. The stenographers appointed by the judges of the court 
of general sessions of the peace in and for the county of New York shall 
receive an annual salary to he fixed by said judges, or a majority of them, 
payable in monthly installments. (Cons. L., Judiciary L., 1909, § 316, as 
amended by L. 1910, ch. 180, L. 1913, ch. 491, and L. 1913, ch. 599.) 

COURT OF SPECIAL SESSIONS OF NEW YORK CITY. 

Appointment, Removal and Compensation. The board of city magistrates 
in the city of New York may appoint stenographers and remove the same. 
They may fix and from time to time alter the salaries to be paid such 
stenographers, but the board of estimate and apportionment may in its 
discretion at any time, reduce the salary to be paid. (Laws of 1895, Ch. 
601, § 4, as amended by Laws 1897, Ch. 382.) 

COURT OF CLAIMS. 

Appointment, Removal and Duties. The court of claims shall appoint 
and may at pleasure remove a stenographer, who shall perform such duties 
as the court may prescribe. (Code of Civ. Pro., 1910, § 266.) (See also 
Laws 1915, c. 1.) 

CITY COURT OF NEW YORK. 

Appointment — Duties — Compensation. The justices of the court or a 
majority of them must appoint nine stenographers of the court, and may 
at pleasure remove either of them. The justices of the court, or a major- 
ity of them, must, from time to time, assign each of the stenographers to 
duty at the trial or special term. Each stenographer is entitled to a salary, 
fixed and to be paid as prescribed by law, and must attend the term to 
which he is assigned. (Code of Civ. Pro., 1910, § 332.) 

Suspension. A justice of the court may, by an instrument under his 
hand, suspend a stenographer, or an officer specified in the last section, 
for a period not exceeding ten days from the filing thereof. Such an in- 
strument must express the cause of the suspension; it must be filed in the 
office of the clerk of the city and county of New York; and it may be re- 
voked, at any time before the expiration of the period of suspension, by an 
instrument filed in like manner, under the hand of the justice who executed 
the first instrument, or the hands of a majority of the justices of the court. 
Where such an instrument has been revoked, the officer shall not be again 
suspended for the same cause. (Id., § 337.) 

MUNICIPAL COURT OF NEW YORK CITY. 

Transcript Furnished Clerk. When an appeal is taken the stenogra- 
pher's minutes of the evidence must be furnished to the clerk, by the sten- 
ographer, within ten days after the fees therefor have been paid. (Laws 
1915, c. 279, § 161.) 

Transcript Fees. In all cases of appeal from an order, final order or 
judgment, where a transcript of the stenographer's minutes of the testi- 
mony given on trial or hearing, becomes a necessary part of the return on 
appeal, the stenographer's fees for making up such transcript shall be ten 
cents for every one hundred words actual count and shall be paid in the 
first instance by the appellant, and be taxable by him as a disbursement 
on the appeal. (Laws 1915, c. 279, § 177.) 

118 



STATUTES N. Y. 



LEGISLATURE. 



Appointment. In addition to various stenographers fqf committees and 
officers, the senate and the assembly may each choose a stenographer; and 
either house, by a majority vote, may employ a stenographer for a com- 
mittee of investigation or other special committee. (Cons. L. Legislative 
L., 1909, §§ 6, 7 and 9.) 

Compensation. The compensation to be paid to the stenographer of each 
house, for the annual session of the legislature, shall be two thousand five 
hundred dollars. (Id., § 10.) 

Duties. The stenographers shall attend at every session of the body 
for which they are appointed or elected and take stenographic notes of the 
debates of such body and in the committee of the whole thereof, and fur- 
nish a copy thereof written out in longhand, to any member of such body. 
(Id., § 19.) 

TRANSCRIPTS FOR REFORMATORIES. 

To be Furnished Clerk by Stenographer — Compensation for. Every 
clerk of any court by which a criminal is sentenced to a reformatory shall 
furnish to the officer having the criminal in charge, a record of the pro- 
ceedings, including a full copy of the testimony, which shall be furnished 
to the clerk by the stenographer acting upon the trial, for which the sten- 
ographer shall be entitled to such compensation as shall be certified to be 
just by the judge presiding at the trial, and shall be paid by the county as 
a part of the court expenses. (Laws of 1887, Ch. 711, § 7.) 



119 



NORTH CAROLINA 

There are no general acts providing for official stenographers In the 
Superior Courts. There are local acts for the various judicial districts, or 
counties, with varying provisions. These are voluminous, and in some in- 
stances two or three acts have been passed for the same district or county 
without reference to, and without repeal of, former acts. In many places 
the acts are not followed, it having been impossible to obtain a reporter at 
the rates fixed. In some cases, by consent of counsel and the court, a re- 
porter has been employed at the rate of $10 per day, and 25 cents per page 
for original transcript, and 15 cents for carbon copies. 

The provisions of the various local laws are so different that it is im- 
possible by means of a table to indicate accurately the situation in the state, 
but the following excerpts from the laws show their general trend: 

First District. The stenographer shall take full stenographic notes in 
every case tried during the term, and such notes as may be requested by 
the judge at chambers; and shall furnish transcript at such time as di- 
rected, if practicable not to exceed one day, and upon appeals, unless fur- 
ther time be granted, within five days, furnishing one copy to counsel for 
each party. Per diem, six dollars. Transcript, 7% cents per folio; before 
referee, 10 cents. (Laws 1913, c. 772, as amended by Laws 1915, c. 247.) 

Fourteenth District. Stenographer must file a bond of $2,000, attend all 
terms, and take full and complete stenographic notes in every case tried or 
heard, except arguments. Must furnish transcript to court and counsel of 
either party, but shall not be required to furnish transcript during trial un- 
less request is made in writing signed by counsel before examination of 
first witness. Term of ofiice four years, unless removed for cause on com- 
plaint of ten practicing attorneys of the district after a hearing. Compen- 
sation, $2 in misdemeanor cases, in all felonies $3, except in capital felonies 
$10, and in all civil cases $3. The amount may be increased by the judge 
in capital cases. For transcripts on appeal, he shall receive five cents per 
folio for one copy. (Laws 1908, c. 80.) 

Cherokee County. A stenographer able to write 125 words per minute 
is appointed by the judge. Compensation fixed by the judge. Unless oth- 
erwise ordered, he shall within five days from the rising of the court, fur- 
nish the judge and counsel for each party a typewritten copy of the entire 
record. (Laws 1913, c. 352.) 

Cleveland, Lincoln, Rutherford and IVIitchell Counties. Stenographer 
shall at expense of appellant make transcript of proceedings, and without 
additional cost file an extra copy with the clerk, and the rate to be charged 
shall not exceed six cents for one hundred words when transcribed verbatim, 
or twelve cents when written up in narrative form. (Laws 1915, c. 490.) 

Craven County. Stenographer must take full notes of all cases tried, 
and must furnish to judge and counsel transcripts free of charge, so that 
same may be used by the judge in his charge and by counsel in their argu- 
ment. Salary not to exceed $25 per week or fraction of week for time 
actually employed, and said stenographer shall employ out of the salary 
allowed sufficient typewriter operators to transcribe all shorthand notes to 
meet the requirements of this act. (Laws 1903, c. 646, as amended by Laws 
1905, c. 14.) 

Johnston County. Said stenographer shall be present at all cases tried, 
and report the same under the direction of the judge. In cases appealed, 
he shall file with the clerk before he leaves Smithfield a duplicate tran- 
script of the entire record, and his work In this respect shall not be con- 

120 



STATUTES N. C. 

sidered as extra work. The services of the stenographer may be dispensed 
with owing to incompetency, or if it appears that the gross fees arising 
hereunder do not approximately reach the salary of |35 per week or frac- 
tion of a week authorized to be paid such stenographer. (Laws 1913, c. 510.) 

Lee, Scotland, Moore and Richmond Counties. All stenographers paid 
by county or state shall before entering upon their work file a statement 
that they submit themselves to the jurisdiction, orders and decrees of court 
in all matters appertaining to the work to be done, and any stenographer 
who fails to comply with same shall not do any official court reporting in 
said counties. In case of dispute between stenographer and counsel as to 
the amount to be paid for transcript, the clerk or judge shall settle the 
same. (Laws 1915, c. 416.) 

Lenoir County. Salary- fixed by clerk at not exceeding $7.50 per day, 
with traveling expenses, and transcript fee of seven cents per folio for 
original, and must furnish three copies. (Laws 1913, c. 688.) 

IVIoore County, The county commissioners are authorized to employ a 
court stenographer at a compensation not exceeding $35 per week. (Laws 
1913, c. 736.) 

Pitt County. Clerk appoints a stenographer, who must before a bar 
committee of three write at the rate of 100 words per minute for five con- 
secutive minutes on new matter. (Laws 1905, c. 618, as amended by Laws 
1911, c. 6.) 

Richmond County. Same qualifications as Pitt county, and no fees shall 
be paid stenographer failing to furnish court or counsel transcript as pro- 
vided within the act. (Laws 1903, c. 58, as amended by Laws 1905, c. 41 
and c. 100.) 

Rowan County. Presiding judge shall designate cases to be reported 
and tax costs. Stenographer receives $10 per day, and $5 per half day or 
fraction thereof. Transcript, five cents per folio for original and one cent 
per folio for each copy. (Laws 1909, c. 643.) 

Warren County. County commissioners fix compensation not to exceed 
aggregate total tax fees, and stenographer receives five cents per folio for 
transcript, not to exceed $15 in any case. (Laws 1907, c. 72.) 

Various Counties. Judge holding superior court in any county of the 
state shall employ a competent stenographer at not to exceed $5 per day 
and actual expenses. Stenographer shall make three copies of the record 
in every case appealed without extra charge. This act applies only where 
no court stenographer is authorized by law. (Laws 1913, extra sess., c. 69.) 



121 



NORTH DAKOTA 

DISTRICT COURTS. 

Appointment — Oath — Term — When Substitute Allowed. The judge of 
the district court in each judicial district may, whenever in his judgment 
it will expedite the public business, appoint a competent person to the office 
of court stenographer within his district. The order of appointment shall 
be filed in the ofllce of the clerk and entered upon the records of the court 
in each county of the district and the persons so appointed shall take and 
subscribe the oath required of other civil officers and file the same in the 
office of the secretary of state, and shall hold his office and discharge 'the 
duties thereof in person until the order for his appointment is revoked, or 
another person Is appointed to such office. In case such stenographer shall 
be incapacitated from acting the judge may appoint some suitable person 
to act in his place, whose minutes, transcripts and certificates shall have 
the same force and effect as though made by such official stenographer, but 
the certificates made by such person shall be under oath. (Rev. Codes, 
1905, § 481.) 

Duties. Such stenographer shall attend the sessions of the court with- 
in the district whenever the judge shall so direct, and shall, take in short- 
hand all testimony given orally by the witnesses and all objections and rul- 
ings made and exceptions taken, also the instructions given orally by the 
court, and all other proceedings at the hearing or trial not reduced to writ- 
ing. (Id., §482.) 

Original Notes Filed with Cleric. The original shorthand minutes so 
taken, with the endorsement thereon in longhand over the signature of the 
stenographer, giving the title of the action and stating the contents and 
time and place of taking, shall in every case be filed in the office of the 
clerk of the court of the county in which the action is pending at the con- 
clusion of the trial or as soon thereafter as practicable, but the same may 
be withdrawn by the stenographer at any time for a reasonable period for 
the purpose of transcribing. (Id., § 483.) 

When Transcript to be IVIade. The judge may, in a criminal action, 
upon the application of the defendant or the state's attorney, or whenever 
in his judgment there is reasonable cause, order a transcript of the original 
minutes or any part thereof to be made at the expense of the county, and 
such stenographer shall plainly transcribe the same into longhand accord- 
ingly and file such transcript in the office of the clerk, and he shall at any 
time at the request of any party to a civil or criminal action, upon pay- 
ment of his fees as provided by law, in like manner transcribe his original 
minutes or any part thereof taken in such action, and deliver the same to 
the party ordering such transcript, who may file the same in the office of 
the clerk whenever he shall so elect. (Id., § 484.) 

Transcript Available to Either Party. Bach transcript filed as herein 
provided shall be available alike to either party to the action for the pur- 
poses hereinbefore set forth. (Id., § 485.) 

Certificate to Transcript. Such transcript must be in each case certi- 
fied by the stenographer to the effect that it is a correct transcript of his 
original shorthand minutes, and a full, true and complete statement of the 
testimony and other proceedings which it purports to contain, and when 
he has ceased to hold his office as stenographer of the court he must make 
such certificate under oath. (Id., § 486.) 

122 



STATUTES N. D. 

Compensation — Mileage, Per Diem and Transcript Fee. The stenogra- 
pher shall be entitled to receive from each county in which he is required 
to attend court reimbursement for his traveling expenses at the rate of five 
cents for each mile actually and necessarily traveled in going thereto and 
returning therefrom, and compensation for his time actually employed in 
attending court therein in such sum as the judge shall allow, not exceeding 
ten dollars per day, all of which shall be audited and paid by the proper 
county on the order of the judge. For making transcripts as herein pro- 
vided he shall be entitled to receive such compensation as the judge shall 
allow, not exceeding fifteen. cents* for each folio of one hundred words, and 
the same, when ordered by the judge, shall be paid by the county charge- 
able with the costs of the action, and in all other cases by the party re- 
questing such transcript. Upon request of any party the oflicial stenogra- 
pher of the district or county court shall, at the time of making a transcript 
of the proceedings, make four additional copies thereof, and for the mak- 
ing of said four copies, such stenographer shall be entitled to charge, in 
addition to his fee for the making of the original transcript, ten cents per 
folio of one hundred words. (Id., § 487, and Ch. 131, Laws of 1913.) 

*Note: The folio rate is uniformly fixed at fifteen cents. In appeals to 
the Supreme Court five copies of the testimony are required, and usually or- 
dered. Unless copies are made by the reporter, the attorney cannot charge 
costs for same if successful on appeal. 

REVISED PRACTICE ACT. 

The Revised Practice Act, Laws of 1913, Ch. 131, provides in detail for 
the manner of taking appeals, and for the preparation of the record in the 
case. It directs that within thirty days after the notice of the entry of 
judgment or the order to be reviewed, or such further time as the court 
shall allow, a transcript of the evidence must be procured, etc. Provision 
is made for certification of the record after correction in the transcript, if 
any correction is necessary. 

Printed Abstract Not Necessary. Upon any appeal to the supreme 
court, it shall not be necessary to file or use any printed abstract or state- 
ment of the case, but in lieu thereof, the appellant shall cause to be filed 
in the lower court and returned to the Supreme Court with the other record, 
two copies, in addition to the original, of the statement of the case as set- 
tled and certified. (Laws of 1913, Ch. 131, § 15.) 

Note: The reporter makes two more copies, one for service on respondent 
and one for office copy for appellant. Rules provide that transcript shall be 
made on 8%xll paper, with black ribbon and black carbon, on paper not less 
than 10 lbs. per ream of folio, numbered not less than 25 nor more than 30 
lines, with a margin of 1% inches on the left hand side. All witnesses, ex- 
hibits, etc., to be indexed, and exhibits to be described in the Index. The 
Supreme Court has advised reporters that it ia not necessary to make any 
copies of exhibits. Where parties request exhibits copied, a charge is gen- 
erally made of 10 cents per folio for the five copies. 

COUNTY COURTS. 
Appointment — Quaiiflcation — Duties — Compensation. The judge of any 
county court having civil or criminal jurisdiction is authorized in his dis- 
cretion to appoint a court stenographer of such court. Such stenographer 
shall qualify in the same manner and his duties and compensation shall be 
the same as the court stenographer of a district court; such compensation 
shall be paid in the same manner as that of the court stenographer of the 
district court; provided, that such court stenographer shall not be appointed 
in any county having less than eight thousand inhabitants, unless the board 
of county commissioners shall first authorize such appointment. (Rev. 
Codes, 1905, § 8319.) 

123 



OHIO 

Note: There is a general civil service law in Ohio, but offlcial stenog- 
raphers and such other "officers and employes of courts of record as the 
commission may find it impracticable to determine their fitness by compet- 
itive examination" are placed in the unclassified service and exempted from 
examination and the protection of the act. Code §§ 486-8al0, passed in 1915. 

COURT OF APPEALS. 

Appointment — Oath — Duties. Each Court of Appeals may appoint one 
or more official stenographers. They shall take an oath of office, serve at 
the pleasure of the court, perform such duties as the court directs, and 
have such powers as are vested In official stenographers of the common 
pleas court. (Laws 1913, p. 412; Code, §1520.) 

Compensation — Expenses. The compensation of such stenographer shall 
be fixed by the court and be payable from the state treasury upon the cer- 
tificate of the presiding judge of the district in which he serves. The total 
compensation paid to stenographers in any district in a year shall not ex- 
ceed the sum of eighteen hundred dollars. Such stenographers -shall also 
receive their actual expenses for traveling when attending court in any 
county other than that in which they reside, to be paid in like manner; and 
in.no event shall such compensation exceed three hundred dollars in a year. 
(Id.; Code §1521.) 

Note: There are eight appellate districts in the state to which §§ 1520 
and 1521 are applicable. The court of appeals was formerly known as the 
circuit court. Prior to the passage of the above law, the official stenogra- 
phers of the court of common pleas were also the officials of the circuit court. 

COURTS OF COMMON PLEAS, SUPERIOR AND INSOLVENCY COURTS. 
Appointment — Term — Oath. When In its opinion the business requires 
it, the court of common pleas of a county may appoint a stenographic re- 
porter as official stenographer of such court, who shall hold the appoint- 
ment for a term not exceeding three years from the date thereof, and until 
a successor is appointed and qualified, unless removed by the court, after 
a good cause shown, for neglect of duty, misconduct in office, or incomp^ 
tency. Such offlcial stenographer shall take an oath to faithfully and im- 
partially discharge the duties of such position. (Gen. Code, § 1546.) 

Note: The Attorney General of Ohio in a written opinion has held that 
women are eligible to hold the position of court stenographer. 

Same — Assistant Stenographers. When the services of one or more ad- 
ditional stenographers are necessary in a county, the court may appoint 
assistant stenographers, in no case to exceed ten, who shall take a like 
oath, serve for such time as their services may be required by the court, 
not exceeding three years under one appointment, and may be paid at the 
same rate and in the same manner as the official stenographer. Such sten- 
ographers when so appointed shall be ex-officio stenographers of the insol- 
vency and superior courts, if any, in such county, and of the circuit courts 
in such county. (Id., § 1547.) 

Duties. Upon the trial of a case in any of such courts, if either party 
to the suit, or his attorney, requests the services of a stenographer, the 
trial judge shall grant the request, or such judge may order a full report 
of the testimony or other proceedings, in which case such stenographer shall 
cause accurate shorthand notes of the oral testimony or other oral pro- 
ceedings to be taken, which notes shall be filed in the office of the official 
stenographer and carefully preserved. Xld., § 1548.) 

Fee Taxed and Collected as Costs. In every case so reported, there 
shall be taxed for each day's service of the official or assistant stenogra- 

124 



STATUTES Ohio 

phers a fee of four dollars, to be collected as other costs in the case. The 
fees so collected shall be paid quarterly by the clerk of the court in which 
such case was tried, into the treasury of such county, and credited to the 
general fund. (Id., § 1549.) 

Compensation for Attendance. Each such stenographer shall receive 
such compensation as the court making the appointment shall fix, not ex- 
ceeding twenty-four hundred dollars each year in counties where more than 
three judges of the court of common pleas hold court regularly, and in all 
other counties not exceeding eighteen hundred dollars per annum. Such 
compensation shall be in place of all per diem compensation in such courts. 
Provided, however, that in case such appointment shall be for a term of 
less than one year, such court may allow a per diem compensation not 
exceeding the sum of ten dollars per day for each day such stenographer 
shall be actually engaged in taking testimony or performing other duties 
under the orders of such court, which allowance shall be in full for all 
services so rendered. (Id., § 1550.) 

Duty to Make Transcripts. When shorthand notes have been taken in 
a case as herein provided, if the court, either party to the suit, or his at- 
torney, requests transcripts of all or any portion of such notes In longhand, 
the stenographer reporting the case shall cause full and accurate transcripts 
thereof to be made for the use of such court or party. (Id., § 1551.) 

Compensation for Transcripts. The compensation of stenographers for 
making such transcripts shall be not more than eight cents per folio of one 
hundred words, to be fixed by the common pleas judges of the subdivision. 
Such compensation shall be paid forthwith by the party for whose benefit 
a transcript is made. The compensation for transcripts made in criminal 
cases, by request of the prosecuting attorney or the defendant, and tran- 
scripts ordered by the court in either civil or criminal cases, shall be paid 
from the county treasury, and taxed and collected as other costs. The clerk 
of the proper court shall certify the amount of such transcripts, which cer- 
tificate shall be a sufllcient voucher to the auditor of the county, who shall 
forthwith draw his warrants upon the county treasurer in favor of such 
stenographers. (Id., § 1552.) 

Note: The Attorney General of Ohio In a written opinion has held that 
the stenographer is entitled to the above transcript fees upon preparation 
and delivery of the transcript, in addition to his compensation for attendance. 

Same, Taxed as Costs — Carbon Copies — Prima Facie Correct. When or- 
dered by the prosecuting attorney or defendant in a criminal case, or when 
ordered by the court for its own use, in either civil or criminal, cases, the 
coats of such transcripts shall be taxed as costs in the case, collected as 
other costs, and paid by the clerk of the proper court, quarterly, into the 
treasury of such county, and credited to the general fund. When more than 
one transcript of the same testimony or proceedings is ordered at the same 
time by the same party, or by the court, the compensation for making such 
additional transcript shall be one-half the compensation allowed for the 
first copy, and shall be paid for in the same manner. All such transcripts 
shall be taken and received as prima facie evidence of their correctness. 
When the testimony of witnesses is taken before the grand jury by such 
stenographers, as provided by law, they shall receive for such transcript 
as may be ordered by the prosecuting attorney the same compensation per 
folio and be paid therefor in the manner herein provided. (Id., § 1553.) 

IVIay Act as Referees — Office and Supplies Furnished — Notes Preserved. 
Stenographers appointed under the provisions of this chapter may be ap- 
pointed referees to take and report evidence in causes pending in any of 

125 



Ohio SHOKTHAND REPORTERS 

the courts of this state. In the taking of evidence as such referees, they 
shall have power to administer oaths to witnesses. They shall be furnished 
by the board of county commissioners with a suitable room in the court 
house, and with stationery, supplies and other equipment necessary in the 
proper discharge of their duties and for the preservation of their steno- 
graphic notes. Such notes shall be the property of the county and care- 
fully preserved in the office of the stenographers. (Id., § 1554.) 

GRAND JURY. 

Duties with Reference to— Oatli of Secrecy. The official stenographer 
of the county, at the request of the prosecuting attorney, shall take short- 
hand notes of the testimony and furnish a transcript thereof to him and to 
no other person, but the stenographer shall withdraw from the jury room 
before the jurors begin to express their views or give their votes on a mat- 
ter before them. The stenographer shall take an oath, to be administered 
by the court after the grand jurors are sworn, imposing an obligation of 
secrecy to not disclose any testimony taken or heard except to such jury 
or prosecutor, unless called upon in a court of justice to make disclosures. 
(Id., § 13561.) 

DEPOSITIONS. 

IVIay Tal<e Depositions. Depositions may be taken in this state before 
a judge or the clerk of the supreme court, a judge or clerk of the court of 
appeals, a judge or clerk of the court of common pleas, a probate judge, 
justice of the peace, notary public, mayor, master commissioner, official 
stenographer of any court In this state, or any person empowered by a 
special commission. (Id., § 11529.) 



126 



OKLAHOMA 

DISTRICT COURTS. 

Appointment — Qualifications — Examination. The district judge in each 
judicial district shall appoint, whenever in his judgment it will expedite 
public business and tend to the more economical administration of justice, 
a shorthand reporter who shall be well skilled in the art of stenography 
and competent to perform the duties required of him, which competency 
shall be ascertained by the applicant writing correctly one hundred and 
fifty words per minute for five consecutive minutes in open court, the mat- 
ter not being previously known to him. (Rev. Stats. 1910, § 1785.) 

Duties — When Prejudicial Error. It shall be the duty of the court re- 
porter to take down in shorthand and to correctly transcribe, when required, 
all the proceedings upon the trial of any cause, as well as all statements 
of counsel, the witnesses or the court, made during the trial of any cause 
or with reference to any cause pending for trial, when required by a party 
or attorney interested therein, and all other matters that might properly 
be a part of a case made for appeal or proceedings In error. An attorney 
in any case pending shall have the right to request the court or stenogra- 
pher that all such statements or proceedings occurring in the presence of 
stenographer, or when his presence is required by such attorney, shall be 
taken and transcribed. A refusal of the court to permit, or when requested, 
to require any statement to be taken down by the stenographer, or tran- 
scribed after being taken down, upon the same being shown by affidavit 
or other direct and competent evidence, to the supreme court, shall be 
deemed prejudicial error, without regard to the merits thereof. (Id., § 1786.) 

Compensation. The stenographer for the district court shall receive an 
annual salary of one thousand two hundred dollars, to be paid out of the 
state treasury in the same manner as the salaries of the district judge. 
In addition to the annual salary of said stenographer he shall charge and 
receive ten cents per folio for writing transcripts. Provided, that two car- 
bons shall be furnished without charge. (Id., § 1787.) 

Transcript in Criminal Cases — Wlien Paid for by County. The judge 
may, upon, the application of either party in a criminal case, direct the 
reporter to make out and file with the clerk of the court a transcript of 
his shorthand notes when the same is needed in such case, and he shall 
receive as compensation therefor ten cents per folio; Provided, however, 
that if before a transcript of the notes is ordered on application of the de- 
fendant or his attorney, the defendant shall present to the judge his affi- 
davit that he intends in good faith to take an appeal in the case, and that 
such transcript is necessary to enable him to prosecute the appeal, and 
that the defendant has not the means to pay for the same, the court may, 
at its discretion, order the transcript made at the expense of the county. 
(Id., §1788.) 

Transcript for Parties — Fees Taxed as Costs. The reporter shall, on 
the request of either party in a civil or criminal case, make out such tran- 
script and deliver the same to the party desiring it, on payment of his fees 
therefor by such party at the rate of ten cents per folio, which shall be al- 
lowed as taxable cost. (Id., § 1789.) 

Duty to Attend Court — Mileage. The reporter shall proceed from coun- 
ty to county where the district courts are held and shall be in attendance 
upon said courts to perform such duties as shall be required of him, and 
shall receive as traveling expenses for each mile actually and necessarily 

127 



Okla. SHORTHAND REPORTERS 

traveled in going to and returning from each district court, to be paid by 
the county to which he travels, the sum of five cents per mile. (Id., § 1790.) 

Term — Oath. The reporter shall hold his ofilce at the pleasure of the 
judge appointing him, and his oath of office shall be filed in the office of 
the clerk of the district court. (Id., § 1791.) 

Notes to be Filed — Admissible as Evidence. The shorthand reporter in 
any court of record shall file his notes taken in any case with the clerk of 
the court in which the cause was tried. Any transcript of notes so filed, 
duly certified by the reporter of the court who took the evidence as correct, 
shall be admissible as evidence in all cases, of like force and effect as testi- 
mony taken in the cause by deposition, and subject to the same objection; 
a transcript of said notes may be incorporated into any bill of exceptions 
or case made. On appeal it shall be the duty of the reporter to furnish 
such transcript when demanded, as required by law. If any reporter ceases 
to be the official reporter of the court, and thereafter makes a transcript 
of the notes taken by him while acting as official reporter, he shall swear 
to the transcript as true and correct, and when so verified, the transcript 
shall have the same force and effect as if certified while he was official 
reporter. (Id., §1792.) 

Stenographer Fee Collected by Clerk. In all civil actions in the district 
court, superior court, or the county court in which issue is joined and testi- 
mony taken there shall be taxed as costs in the case the sum of two dollars 
as stenographer's fee, which shall by the clerk be collected and placed in 
the court fund of the county. (Id., § 5233.) 

COUNTY COURTS. 

Appointment — Qualifications. The judge of the county court may ap- 
point, in writing, whenever in his judgment it will expedite public business, 
a shorthand reporter, to be known as County Stenographer, who shall be 
ex-officio deputy clerk of the county court, and who shall possess the same 
qualifications in the art of stenography as is required of such officer in the 
district court. (Rev. Stats. 1910, § 1833.) 

Duties. It shall be the duty of the county stenographer, under the di- 
rection of the county judge, to take down in shorthand the oral testimony 
of witnesses, the rulings of the court, the objections made, and the excep- 
tions taken during the trial of all civil and criminal cases, and also such 
other matters as the court shall order, and in all criminal cases to make 
out and file with the judge or clerk of the county court a transcript of his 
Ehorthand notes, when the same shall have been ordered by the court. (Id., 
§ 1834.) 

Term. County stenographers shall hold their offices at the pleasure 
of the county judge appointing them, and their official oath shall be filed 
in the office of the county court and be recorded in the journal of said court. 
(Id., i 1835.) 

Transcripts — Fees for Paid to County. The judge of the county court 
may, upon the application of either party, under the same terms and con- 
ditions as prescribed by law in the district court, direct such reporter to 
make out and file with the clerk of said court a transcript of his shorthand 
notes. The party ordering the transcript shall pay for the same at the same 
price and under the same terms and conditions as for like services in the 
district court, but all such fees shall be paid into the county treasury to 
the credit of the court fund. (Id., § 1836.) 

To Act as Clerk. The county stenographer shall occupy and maintain 
his office in the office of the judge of the county court, and when such sten- 

128 



STATUTES Okla. 

ographer is not engaged in reporting cases or making transcript, it shall 
be his duty, under the direction of the judge, to perform the duties of a 
cleric in the county court. (Id., § 1837.) 

Compensation. The county stenographer shall receive as full compen- 
sation such salary as may be fixed and allowed by the board of county 
commissioners, to be paid monthly out of the county treasury, limited as 
follows: In counties having a population of not more than fifty thousand, 
a sum not to exceed seventy-five dollars per month; and in counties having 
a population of over fifty thousand, a sum not to exceed one hundred dol- 
lars. (Id., §1838.) 

DEPUTY COUNTY ATTORNEY. 

Appointment. In counties where the county attorney is allowed one 
or more deputies, he may, with the approval of the board of county com- 
missioners, in lieu of appointing such deputy, employ a stenographer and 
assistant counsel, to be employed and paid in the same manner as provided 
for such deputy county attorney. (Laws 1915, c. 134.) 



129 



OREGON 

CIRCUIT COURTS. 

Appointment — Qualifications. The judge of each judicial district may, 
in his discretion, appoint a stenographer, to be attached to the courts held 
by him, who shall be skilled in the practice of his art, and shall be an officer 
of the court, and be designated and known as the "Official Reporter of the 
. . . judicial district of the State of Oregon," who shall hold the offlce 
during the pleasure of the judge; and before entering upon the discharge 
of his official duties, he shall take and subscribe an oath faithfully to perform 
the duties of his offlce. (Lord's Oregon Laws, 927; Laws of 1889, p. 142, 
No. 1, as amended by Laws 1915, C. 260.) 

Assignment, Fifth District. The present official reporter of the fifth 
judicial district of the state of Oregon and his successor in offlce, shall be 
the official reporter of said district in and for all cases heard or tried by the 
judge longest continuously in offlce, or if both have served the same length 
of time then by the senior judge in age; and the judge appointed under 
provisions of this act shall appoint a stenographer according to law, who, 
and whose successor, shall be the official reporter of said district in and 
for all cases heard or tried by said judge and his successor in offlce, and 
whose successor in offlce shall be appointed by said last named judge or his 
successor in office. Each of said reporters shall receive compensation for 
his services in the manner and amount provided by law. (Id. 928; Laws of 
1909, c. 131, p. 197, No. 7.) 

Duties. It shall be the duty of the offlcial reporter, appointed under the 
provisions of this act, to attend every term of the circuit court in the dis- 
trict for which he is appointed, at such times as the judge presiding may 
direct; and upon the trial of any cause in any such court, if either party to 
the suit or action or his attorney, requests the services of the offlcial re- 
porter, the presiding judge may grant such request, or upon his own motion, 
order a full report of the testimony, exceptions taken, charge of the judge, 
and other proceedings; in which case the offlcial reporter shall cause ac- 
curate shorthand notes of the oral testimony, exceptions taken, charge of the 
judge, and other proceedings to be taken, which notes shall be filed in the 
offlce of the clerk of the court where such trial is had; Provided, that before 
such an order is made upon the application to the court by either party, the 
plaintiff or defendant requesting the services of such official reporter, is 
required as a condition precedent to pay or secure to be paid the per diem 
fees as hereinafter provided for. (Id., 929, Laws of 1889, p. 142, No. 2.) 

Compensation. Each official reporter so appointed shall be paid a com- 
pensation at the rate of ^;en dollars per diem for every day actually in at- 
tendance upon said court pursuant to the directions of the court, which 
compensation per diem shall be paid out of any funds not otherwise appro- 
priated in the treasury of the county in which the court is held; and the 
sworn statement of the offlcial reporter as to the number of days in attend- 
ance upon the court, when certified as correct by the judge presiding, shall 
be a sufficient voucher to the county clerk, upon which he shall draw his 
warrant upon the treasurer of the county in favor of the official reporter, 
and when so paid such fees shall be taxed and collected as other costs in 
the case. (Id. 930, Laws of 1889, p. 142, No. 3.) 

Transcripts — ^Payment for. When shorthand notes have been taken in 
any case as in this act provided, if the court or either party to the suit or 
action or his attorney requests a transcript of the notes into longhand, the 

130 



STATUTES Or. 

ofllcial reporter shall cause full and accurate typewritten transcripts to be 
made of the testimony or other proceedings, which shall, when certified to 
as hereinafter provided, be filed with the clerk of the court where such cause 
was tried for the use of the court or parties. The fees of the ofllcial re- 
porter for making such transcript shall be fifteen cents per folio of one 
hundred words, and shall be paid forthwith by the parties or party for whose 
benefit the same is ordered, and when paid shall be taxed as other costs in 
the case; Provided, that when the defendant in any criminal cause who 
shall have perfected an appeal from judgment against him presents to the 
judge satisfactory proof, by affidavit or otherwise, that he is unable to pay 
for such transcript, the court, if in the opinion of the judge justice will be 
thereby promoted, may order said transcript to be made; and in all cases 
when transcripts shall be allowed by the court, when not asked by the par- 
ties, the same shall be paid for out of the county treasury in the same man- 
ner as herein provided for the payment of compensation for per diem. (Id., 
931, L. 1889, p. 142, No. 4.) 

Transcripts as Prima Facie Evidence. The report of the official stenog- 
rapher, when transcribed and certified to as being a correct transcript of 
the stenographic notes of the testimony, exceptions taken, charge of the 
judge, and other proceedings in the matter, suit, or action, shall be prima 
facie a correct statement of such testimony, exceptions, charge of the judge, 
and other proceedings, and may thereafter be read in evidence as the de- 
position of a witness in the case mentioned in § 841 of the code of civil pro- 
cedure, and in the case of the death, resignation, expiration of the term of 
office, or vacancy in office from any other means of the judge before whom 
such matter, suit or action was tried, the exceptions and the statement 
thereof provided for by §§ 169, 170, 171 and 172i of such code of civil pro- 
cedure may be settled and signed by the successor in office of such judge 
or any judge authorized in such cases to perform the general duties of the 
judge of such court; Provided, that when the official reporter taking the 
notes in any cause has ceased to be the official reporter of that court, 
any transcript made by him therefrom, or made by a competent person 
under the direction of the court, and duly certified to by him under oath as 
a full, true and complete transcript of said notes, shall have the same force 
and effect as though certified in the same manner by the official reporter of 
said court. (Id., 932; L. 1889, p. 143, No. 5.) 

Stenographers Pro Tern. That in the event of the absence or inability 
of the official reporter to act, the judge may appoint a competent stenog- 
rapher to act pro tern., who shall perform the same duties as the official 
reporter, and whose report when certified to, shall have the same legal 
efEect as the certified report of the official reporter. The reporter pro tern, 
shall possess the qualifications and take the oath prescribed for the official 
reporter, and shall receive the same compensation. (Id., 933; L. 1889, p. 
143, No. 6.) 

SENATE AND HOUSE OP REPRESENTATIVES. 

Election and Appointment of Stenographers. Upon the permanent or- 
ganization of the Senate, there shall be elected by ballot seven expert stenog- 
raphers, and at the same time the president of the Senate shall appoint one 
stenographer to serve during the session. (Id., 2595.) 

Upon the permanent organization of the House of Representatives 
there shall be elected by ballot eight expert stenographers, and the Speaker 
of the House shall at the same time appoint one stenographer and a clerk 

131 



Or. SHORTHAND REPOETERS 

for the Judiciary Committee, who shall also be an expert stenographer. (Id., 
2596.) 

Duties. The expert stenographers in the House and Seqate shall be 
under the supervision of the Chief Clerk of the House or Senate, as the case 
may be, to be assigned by him to duty on such committees as may make 
applications to him for clerks. The chief clerk shall file all applications for 
clerks or stenographers in the orcftr of applications made. It shall be the 
duty of all stenographers after completing the work to which they have been 
assigned, to report to the chief clerk. The working hours for stenographers 
shall not exceed eight hours a day. (Id., 2599.) 

To Act as Private Secretary. Any member of the House or Senate may 
on application to the chief clerk of the house of which he is a member have 
assigned to him the use of a committee stenographer for one hour daily, in 
case such stenographer is not engaged in actual work for a committee, such 
stenographer to act in the capacity of private secretary. (Id. 2600.) 

Compensation. The expert stenographers in the Senate shall receive 
five dollars a day, and it is further provided that all expert stenographers 
for the House of Representatives and Senate shall present a certificate from 
the Secretary of State as to their proficiency and ability as expert stenog- 
raphers before they are sworn in or employed in either the Senate or House 
of Representatives, or by any "of the committees of the Senate or House of 
Representatives. (Id., 2601.) 



132 



PENNSYLVANIA 

CIVIL AND CRIMINAL COURTS. 

Courts of Common Pleas and Orphans' Courts — Appointment— Term — 
Assistant*— Qualifications — Oath. The law judges of each of the several 
courts of common pleas, and the judges of the several orphans' courts, in 
this Commonwealth, shall select and appoint a stenographer, or stenog- 
raphers, to report all suits and proceedings in their respective courts, as 
hereinafter provided. Such appointees shall he known as official stenog- 
raphers of the respective courts, and shall hold their positions during the 
pleasure of the court. Any official stenographer appointed under this act 
may, with the consent of the court, temporarily supply a competent as- 
sistant or substitute stenographer. Such stenographer and assistant stenog- 
rapher shall be competent in the art of stenography, and, before entering 
upon the duties herein provided, shall make oath or affirmation, before the 
prothonotary or clerk of the particular court, to perform such duties with 
fidelity; and a copy of such oath or affirmation, signed by the affiant, shall 
be certified by the prothonotary or clerk administering the same, and filed 
of record in the proper office. (Act of May 1, 1907, P. L. 135, § 1.) 

Criminal Courts — Employment in — Transcript Furnished Defendant at 
Expense of County. The law judges of each of the several courts of oyer 
and terminer and general jail delivery, and of the courts of the quarter ses- 
sions of the peace, shall employ the official stenographer or stenographers 
of the courts of common pleas of the particular county, to report the pro- 
ceedings of the said court, whenever requested so to do by any defendant or 
defendants, or his, her or their counsel, before or during the trial of any case 
in any of said courts: Provided further. That in all cases tried in the sev- 
eral courts of oyer and terminer and general jail delivery, the defendant or 
defendants shall be furnished with a copy of the notes of testimony taken 
at his, her or their request, which said notes shall be paid for by the county 
in which said case is tried. i(Act of May 5, 1911, P. L. 161, § 2.) 

Orphans' Courts — Duties. The official stenographers of the several or- 
phans' courts shall take full stenographic notes of such proceedings as the 
judges of such courts shall direct, and, when so directed to report proceed- 
ings, shall in any proceeding in any trial of fact report the testimony of 
all witnesses examined, and matters offered in evidence, and the ruling of 
the court upon the admission or rejection thereof, as well as the other 
rulings and adjudications of the trial judges. (Act of May 1, 1907, P. L. 
135, §3.) 

Duties— What Included in Report. The official stenographers of the 
several courts of common pleas, when engaged in such courts, or in the 
courts of oyer and terminer, general jail delivery and quarter sessions of 
the peace, shall take full stenographic notes of the testimony in all judicial 
proceedings in any trial of fact, at law or in equity, together with the judge's 
charge, and of any and every ruling, order or remark of the trial judge, or 
judges, relating to the case on trial, made in the presence of the jury, in 
any stage of the proceedings, to which ruling, order or remark either party 
may except in the same manner and with the same effect as is now prac- 
ticed in relation to the judge's charge; and upon any trial without a jury, 
shall likewise report the proceedings, including the testimony of all wit- 
nesses examined and matters offered in evidence, and the rulings of the 
court upon the admission or rejection thereof, and the findings of the court. 
And it shall also be the duty of such stenographers to take full stenographic 

133 



Pa. SHORTHAND EEPORTEES 

notes of such other matters, in connection with the business of the courts, 
as the judges of the respective courts, from time to time, may direct. (Id.) 

Transcripts — Certificate. Every official stenographer shall make, or 
cause to be made, from his stenographic notes of any trial or other matter 
of which a copy may be required, a correct typewritten copy or copies, as 
hereinafter provided; and to the filing copy shall attach a certificate in the 
following form: 

I hereby certify that the proceedings, evidence and charge ar3 contained 
fully and accurately in the notes taken by me on the trial of the above cause, 
and that this copy is a correct transcript of the same. 



Official Stenographer. 
And in the case of any trial or proceeding before a court, without a 
jury, shall attach a certificate in the same form, omitting reference to the 
charge. (Id., § 4.) 

Judge's Approval — Filing of Transcript — Admissible in Evidence. Such 
transcript shall be approved by the trial judge, if correct, by endorsing as 
follows : 

The foregoing record of the proceedings upon the trial of the above cause 
is hereby approved, and directed to be filed. 



Judge. 
Such copy, when so certified by the official stenographer and approved 
by the trial judge, shall be filed in the proper office of the court, and shall 
thereafter become a record of the proceedings therein reported; and upon 
any other trial, or In any other proceedings in which it may become ma- 
terial to prove the matters therein reported, such record, or a copy thereof 
duly certified by the clerk or prothonotary of the proper court; shall be 
taken and held to be prima facie correct, and, if otherwise admissible in 
evidence, be admitted without the necessity of calling the stenographer who 
made the original stenographic report as a witness to prove the same. (Id., 
§5.) 

Compensation — Per Diem — Expenses — Annual Salary. Each official 
stenographer shall be paid a compensation at the rate of ten dollars per day 
for every day actually present by himself or his assistant upon a trial or 
other proceeding, for the purpose of taking notes by the direction of any 
judge or judges of any of the courts aforesaid, or in attendance upon any of 
the said judges in connection with the business of the courts, and also be 
allowed, in, addition, such expenses and supplies as the court may deem 
proper and necessary; said per diem compensation and allowances for ex- 
penses and supplies to be paid by the county in and for which the said ser- 
vices are performed, upon the order of the presiding judge. Whenever, in 
the opinion of the judges of any of said courts, the proper despatch of the 
business of said courts requires the increased attendance of any official sten- 
ographer upon them, or in the court of said judge or judges, they may order 
and decree that, in lieu of the aforesaid per diem compensation, the official 
stenographer shall receive an annual compensation of not less than one 
thousand dollars and not exceeding three thousand dollars, and, in addition 
thereto, he shall be allowed such expenses and supplies as the court may 
deem proper and necessary; which said annual compensation and allowance 
shall be paid by the county in and for which the said services are rendered, 
upon the order of the presiding judge. (Id., § 6., as amended by Act of May 
28, 1915, P. L. 258.) 

134 



STATUTES Pa. 

Daily Transcript — Filing of Notes. During the progress of the trial of 
any cause, upon the order of the court upon its own motion, or upon the mo- 
tion of counsel and allowance by the court, the official stenographer report- 
ing the proceedings shall, from the stenographic notes thereof, make three 
typewritten copies, and from day to day as the case progresses supply one 
copy to the court, one copy to the plaintiff, and one copy to the defendant, 
or to their respective counsel; and within a reasonable time after the com- 
pletion of the trial, to certify a complete copy, as hereinbefore provided, and 
supply to the parties or their counsel any portion of such copies, not pre- 
viously supplied, as may be necessary to complete the record. But, where 
the trial judge and counsel representing the parties to the cause so agree, 
such copies need not be made, unless subsequently directed by the court, of 
its own motion, or upon motion of counsel and allowance by the court: Pro- 
vided, however. That in any case in which an appeal, writ of error, or cer- 
tiorari has been taken to the Supreme or Superior Court, or in cases of con- 
viction of murder in the iirst degree, it shall be the duty of the official sten- 
ographer forthwith to make, certify and file of record a typewritten copy 
of the stenographic notes of trial, without any order of the court; payment 
for which shall be made in the same manner as if directed by the court, but 
the court may direct additional copies in such cases to be made at the same 
time with the filing copy, as hereinbefore provided. In all cases in which 
copies of the stenographic notes are not made or required as hereinbefore 
provided, It shall be the duty of the official stenographer to file said sten- 
ographic notes in the proper office for the record of said proceedings. If 
thereafter the court or counsel desire a copy or copies of the stenographic 
notes so filed, it shall be the duty of the official stenographer to make the 
same; and, if ordered by the court, compensation therefor shall be made as 
provided in § 8 of this act, and, if ordered by counsel, without an order of 
the court, then the compensation therefor shall be paid by the party order- 
ing the same, at the regular rate for the transcription of notes as provided 
in § 8 of this act. (Id., § 7.) 

Compensation for Transcripts. Every official stenographer shall be 
paid, in addition to the compensation provided in § 6 of this act, fifteen 
cents for each one hundred words of every copy of the stenographic notes 
of trials and of other matters in connection with the business of the court, 
that are furnished to the court or filed of record, and five cents for each one 
hundred words of every copy that is given to counsel or to parties, if ordered 
so that they may be typewritten at the same time with the filing copy; pay- 
ment for such copies to be made by the county in which the case is pend- 
ing, or for which the work is performed upon the order of the presiding 
judge. (Id. §8.) 

Proceedings before Commissioner, Examiner, Referee, l\Aaster, Etc. — 
Compensation. Any official stenographer, by the agreement of the parties 
to any suit, action, or proceeding, or of their counsel, before any examiner, 
master in chancery, special master, referee, commissioner, auditor, or other 
like officer, appointed by any of the said courts, in any suit, action or pro- 
ceeding therein pending, may take, under the direction of any such exam- 
iner, master in chancery, special master, referee, commissioner, auditor, or 
like officer, full stenographic notes of such proceedings, and in such cases 
shall furnish to such officer, upon his request, an accurate typewritten copy 
of such notes; which copy, when approved in writing by such officer and 
filed in the office of the proper court wherein any such suit is pending, or a 
copy of the copy so filed, duly certified by the clerk or prothonotary of the 
proper court, shall be taken and held to be prima facie correct, and shall 
be admissible in evidence, without the necessity of calling as a witness the 

135 



Pa. SHOKTHAND EEPOETEBS 

Stenographer who made the original stenographic report to prove the same. 
The compensation for said services shall be such as may he agreed upon 
between the official stenographer and the parties or their counsel; and, in 
the absence of agreement,' then the compensation shall be at the per diem 
rate of § 6, and the transcript rate of § 8, of this act, together with all 
traveling and hotel expenses of the official stenographer necessarily in- 
curred in pursuance of such employment in such proceeding, to be paid by 
the unsuccessful party as costs in the cause, or as the court may direct. 
(Id., § 9.) 

Stenographer to Note Exceptions. That from and after the passage of 
this act, it shall not be necessary on the trial of any case, civil or criminal, 
in any court of record in this Commonwealth, for the trial Judge to allow 
an exception to any ruling of his; but, immediately succeeding such ruling, 
the official stenographer shall note such exception, and it shall thereafter 
have all the effect of an exception duly written out, signed and sealed by 
the trial judge. (Act of May 11, 1911, P. L. 279, § 1, as amended by Act of 
June 5, 1913, P. L. 421.) 

Time and Manner of Taking Exceptions. Exceptions may be taken, 
without allowance by the trial judge, to any part or all of the charge, or to 
the answers to points, for any reason that may be alleged regarding the 
same in the hearing of the court, before the jury retires to consider its ver- 
dict, or, thereafter, by leave of the court; and they shall be thereupon noted 
by the official stenographer, and thereafter have all the effect of exceptions 
duly written out, signed and sealed by the trial judge, at the time of the 
trial." (Act of May 11, 1911, P. L. 279, § 2.) 

When Transcript to be IVIade. The official stenographer shall transcribe 
the notes of the evidence taken upon the trial of any case, under the follow- 
ing circumstances and those only: (a) When directed by the court so to do; 
or (b) when an appeal has been taken to the Supreme or Superior Court; or 
(c) when he shall be paid for a copy thereof by a person requesting him to 
transcribe it. (Id., § 3.) 

Lodging of Transcript — Objections — Fiiing. When the evidence in any 
case is transcribed, it shall be the duty of the official stenographer to lodge 
the same with the prothonotary or clerk of the court, and notify the parties 
interested or their counsel that the same will be duly certified and filed, so 
as to become part of the record, if no objections be made thereto within 
fifteen days after such notice. If objections be made, the matter shall be 
heard by the court, and such order made regarding the same as shall be 
necessary in order to comport with the occurrences at the trial. If no ob- 
jections be made, or when, after objection, the transcript shall have been 
so made to comport with the occurrences at the trial, said transcript shall 
be duly certified by the official stenographer and by the trial judge, shall be 
filed of record in the case, and shall be treated as official and part of said 
record for the purposes of review upon appeal, and shall be considered as 
prima facie accurate whenever thereafter offered in evidence in the same 
or any other proceeding, without the necessity of calling the stenographer 
as a witness to prove the same. (Id., § 4.) 

Exclusion of Testimony before Appellate Courts. The appellants and 
appellees, by writing filed and approved by the lower court, may agree that 
any part of the evidence appearing in the transcript as certified and filed 
shall be considered as excluded therefrom upon the review of the case by 
the Supreme Court or Superior Court; and, if they cannot agree, the court 
below, upon motion of appellants and notice to appellee, may order that any 
part or portion of the evidence may be omitted by appellant in printing the 

136 



STATUTES Pa. 

transcript for the purpose of review in suoli case: Provided, however, That 
appellees may themselves print such evidence, which printing shall be at 
their own expense, unless otherwise ordered hy the Appellate Court; or the 
Appellate Court may order any part or all thereof to be printed by the ap- 
pellant, whenever said court shall deem It necessary so to do. (Id., § 5.) 

Exception to Decree Not Necessary on Appeal. Whensoever the deci- 
sion of a court of record shall appear in the proceedings of a case, it shall 
not be necessary, for the purpose of a review of that decision, to take any 
exception thereto; but the case shall be heard by the Appellate Court with 
the same effect as if an exception had been duly written out, signed and 
sealed by the court. (Id., § 6.) 

Certification of Evidence Upon Motion for Judgment Non Obstante Ver- 
dicto. Whenever, upon the trial of any issue, a point requesting binding 
instructions has been reserved or declined, the party presenting the point 
may, within the time prescribed for moving for a new trial, or within such 
other or further time as the court shall allow, move the court to have all 
the evidence taken upon the trial duly certified and filed so as to become part 
of the record, and for judgment non obstante verdicto upon the whole rec- 
ord; whereupon it shall be the duty of the court, if it does not grant a new 
trial, to so certify the evidence, and to enter such judgment as should have 
been entered upon that evidence, at the same time granting to the party 
against whom the decision is rendered an exception to the action of the 
court in that regard. (Act of April 22, 1905, P. L. 286; Purdon's Digest, p. 
5848.) 

Certification of Evidence Where Jury Have Disagreed. Whenever upon 
the trial of any issue a point requesting binding instructions has been re- 
served or declined, and the jury have disagreed, the party presenting the 
point may, within the time prescribed for moving for a new trial, or within 
such other or further time as the court shall allow, move the court to have 
all the evidence taken upon the trial duly certified and filed, so as to become 
part of the record, and for judgment in his favor upon the whole record; 
whereupon it shall be the duty of the court, unless it shall be of opinion that 
the case should be retried, to so certify the evidence, and to enter such judg- 
ment, if any, as under the law should have been entered upon that evidence 
at the time of the trial, at the same time granting to the party against whom 
the judgment is rendered, an exception to the action of the court in that 
regard. (Act of April 20, 1911, P. L. 70.) 

Orai Examination of Judgment Debtor. The examination shall be taken, 
reduced to writing, and filed among the records of the case. All expenses 
of the examination shall be paid by the plaintiff, in the first instance, and 
shall be taxed as costs and collectible from the defendant, in the same man- 
ner as other costs in the case, if it be ascertained thereby that the defend- 
ant has property which can be made liable for said judgment. (Act of May 
9, 1913, P. L. 197, § 3.) 

Transcript Furnished Wardens in Indeterminate Sentences. The Clerk 
of Courts is directed to transmit certain information to the wardens of 
penitentiaries in cases of indeterminate sentence; and in every case in 
which stenographic notes of testimony were taken at the time of trial, a 
copy of such notes of testimony shall likewise accompany suph record. (Act 
of June 19, 1911, P. L. 1059, § 7.) 

MUNICIPAL COURT (Philadelphia.) 

General Act IVIade Applicable to. The court shall appoint such stenog- 
raphers as shall be necessary; and said stenographers shall be appointed, 

137 



Pa. SHORTHAND KEPOETEES 

and discharge their duties, and be paid compensation under and subject to 
the stenographers' act of one thousand nine hundred and seven, its amend- 
ments and supplements. (Act of July 12, 1913, P. L. 711, § 4.) 

COMMISSIONERS TO TAKE DEPOSITIONS. 

Appointment of Stenographers as — Oath — Qualifications. The judges of 
the supreme court of Pennsylvania, and the judges of the district court, 
court of common pleas, orphans' court and register's court, and the judges 
of the court of oyer and terminer and quarter sessions of the peace, for the 
city and county of Philadelphia, Pa., are hereby authorized and empowered 
to appoint one or more stenographers, as commissioners to administer oaths 
and take depositions to be read in the trial of causes in the said courts, 
and upon motions, rules, petitions and other matters that may be brought 
before the said court: Provided, That the said commissioner or commis- 
sioners so appointed as aforesaid shall be duly sworn by the president judge 
of the respective courts, to make true and faithful reports of the testimony 
taken before them as such commissioners: And provided further. That the 
judges of the said courts shall not appoint any stenographer as a commis- 
sioner under this act, who shall not produce a certificate, signed by at least 
ten members of the Philadelphia bar, in good standing, that said applicant 
for appointment is duly qualified to perform the duties of said ofllee. (Act 
of March 26, 1873, P. L. 48.) 

SENATE AND HOUSE OF REPRESENTATIVES. 

Appointment — Qualifications — Duties— iComipensation. The chief cle;rk 
of the Senate is hereby authorized to appoint at the beginning of each reg- 
ular biennial session of the Senate, and at such other times as may be nec- 
essary, two expert stenographers, who shall be known as the official report- 
ers of the Senate, and two expert typewriters. The chief clerk of the House 
of Representatives is hereby authorized to appoint at the beginning of each 
regular biennial session of the House of Representatives, and at such other 
times as may be necessary, three expert stenographers, who shall be known 
as the official reporters of the House of Representatives, and three expert 
typewriters. The official stenographers shall take the debates, and such 
other matter as may be required by the chief clerks and journal clerks of 
either House, and the typewriters shall transcribe the same. The compen- 
sation of each of said official stenographers shall be twelve dollars per diem, 
for every day of each regular biennial, special or extraordinary session; and 
the typewriters shall each receive six dollars per diem, for every day of each 
regular biennial, special or extraordinary session. Each of the above-named 
officers and employes shall return, as such, to the next regular biennial ses- 
sion of the Legislature following that for which they were appointed; and 
those who are not reappointed, or appointed or elected to some other office 
in the Legislature, shall be allowed their regular per diem compensation. 
Each of the above-named officers and employes shall be entitled to the same 
mileage, for each regular biennial, special or extraordinary session, as is 
provided for the other officers of the General Assembly, in § 4 of the act 
approved April twelfth, one thousand nine hundred and five. (Act of April 
23, 1909, P. L. 163.) 



188 



PHILIPPINE ISLANDS 

SUPREME COURT and COURTS OF FIRST INSTANCE. 

Appointmeht — Compensation — Removal. Such stenographers, type- 
writers, interpreters and translators as are needed for the proper transac- 
tion of the business of the Supreme Court and Courts of First Instance shall 
be appointed. The judges of the Supreme Court shall determine the num- 
ber of such employes that may be necessary for the Supreme Court and for 
the several Courts of First Instance in the different provinces and for the 
city of Manila, and the salaries to be paid to such employes, all upon ap- 
proval thereof by the Chief Executive. The employes named in this section 
required by either of the courts aforesaid, for the purposes named in this 
section, shall be appointed by the Attorney General, and may be removed 
by him for cause, and their successors may be appointed by him; but the 
successors shall all be appointed from a list of eligibles provided by the 
Civil Service Board, under the Civil Service Act. (Act No. 152 of the Phil- 
ippine Commission, enacted June 27, 1901; Pub. Laws and Res., Philippine 
Commission, 1900-1, p. 331.) 

Duty to Make Transcripts — Compensation for in Certain Cases. When- 
ever an appeal is allowed by a Court of First Instance or by the Court of 
Land Registration, in a civil, criminal or registration matter, or special 
proceeding, it shall be the duty of the clerk of such court to direct the 
stenographer or stenographers of such courts to attach, and said stenog- 
rapher or stenographers shall attach, to the record of the case appealed a 
transcript of the stenographic notes taken during the trial of the case: 
Provided, That said stenographer or stenographers shall not charge any- 
thing for such transcription. Stenographers shall also give such transcript 
of such notes to every person requesting same upon payment of (a) thirty 
centavos for each hundred words, before the appeal is allowed by the prop- 
er courts, and (b) fifteen centavos for the same number of words after such 
allowance. (Act No. 2383 of the Philippine Legislature, approved February 
28, 1914.) 



139 



PORTO RICO 

DISTRICT COURTS. 

Appointment — Qualifications. There shall be appointed for each of the 
District Courts of Porto Rico, by the Attorney General, a stenographic re- 
porter, who shall be well skilled in the art of stenography and capable of 
reporting the oral testimony in court verbatim. (Laws 1904, p. 120, § 1.) 

Oath — Bond — Salary. Said reporter shall take the oath required to be 
taken by judicial oflacers; give a bond to be approved by the Attorney Gen- 
eral, in the sum of one thousand dollars, conditioned for the faithful dis- 
charge of his duties, which bond shall be filed in the office of the Treasurer 
of Porto Rico; he shall receive a salary of one thousand two hundred dollars 
per annum, to be paid in the same manner as salaries of other insular offi- 
cers are paid. (Id., § 2, as amended by act approved March 13, 1907.) 

To Report Oral Proceedings. The said reporters shall correctly report 
all oral proceedings had in said courts and the testimony taken in all cases 
tried before said court, but the parties may, with the consent of the judge, 
waive the reporting by such reporter of any such proceedings or testimony. 
(Id.. §3.) 

Notes to be Filed. The reporter shall file the stenographic records and 
reports made by him with the secretary of the District Court of the district 
in which such report was taken and the action was tried. (Id., § 4.) 

Duty to iVIake Transcripts — Compensation for, etc. It shall be the duty 
of each reporter to furnish, on the application of the Attorney General, dis- 
trict fiscal, or any party to a suit in which a stenographic record has been 
made, a typewritten copy of the record, or any part thereof, for which he 
shall be entitled to receive, in addition to his salary, a fee of ten cents per 
one hundred words, to be paid by the party requesting the same, and to 
be taxed as costs in the case against the party finally defeated in the ac- 
tion; Provided, when such copy is requested on behalf of the People of 
Porto Rico, or by a defendant in a criminal case, or his attorney, and where 
after conviction the defendant in a criminal case shall satisfy the court by 
affidavit or otherwise that he is unable by reason of his poverty to pay for 
such copy so requested by him or his attorney, the stenographer shall issue 
such copy free of charge. And in all civil cases in which a party to an 
action shall file the required affidavit showing his inability to pay the cost 
required by law, such person shall be entitled to the gratuitous services 
of the court stenographer on the same terms as the same are given to in- 
digent persons in criminal cases, and the fees of the stenographer shall be 
included in the costs when the latter are imposed upon the party able to 
pay same. Such copy of the record shall constitute prima facie the min- 
utes of the court and may be used on all motions for new trials, review or 
appeal, when minutes of the court may be used. (Id., § 5.) 

Time for Delivery of Transcript. It shall be the duty of the reporter 
to deliver said copy within thirty days after being requested, unless the 
court extends the time, which in no case shall exceed another thirty days. 
(Id., § 6.) 

Fee of Three Dollars Paid When Complaint is Filed. The plaintiff in 
a civil action hereafter commenced in the District Courts, at the time of 
filing the complaint in such action, shall pay to the secretary of said court 
the sum of three dollars, which sum the said secretary shall, on the first 
Monday of the following month after the receipt thereof, pay Into the insular 

140 



STATUTES P. R. 

treasury, and it shall be placed by the Treasurer to the credit of the gen- 
eral fund. (Id., § 7.) 

Misdemeanor to Divide Fees to Secure Appointment or Retention in 
Office. Every judicial officer who shall ask or receive the whole or any 
part of the fees allowed by law to any stenographer or reporter appointed 
by him or any other person, to record the proceedings of any court or in- 
vestigation held by him, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall forfeit his office. Any stenographer or reporter, ap- 
pointed by any judicial officer, who shall pay or offer to pay, the whole or 
any part of the fees allowed him by law for his appointment or retention 
in office, shall be guilty of a misdemeanor, and upon conviction thereof shall 
be forever disqualified from holding any similar office in the courts. (Penal 
Code, § 107, approved March 1, 1902.) 

To Act in Juvenile Court. The stenographer of the district court of 
each of the seven districts shall perform the duties of stenographer of the 
juvenile court within their respective districts, which duties shall be such 
as may be assigned to them by the court or as this law shall direct. (Laws 
1915, Act No. 37, § 6.) 



141 



RHODE ISLAND 

SUPERIOR COURT. 

Appointment — Term — Supplies Furnished — Notes Filed — Attend Grand 
Jury — Oath. The justices of the Superior Court, or a majority of them, 
shall appoint seven competent shorthand writers for regular service in the 
Superior Court, and one or more such writers for occasional service therein 
in the absence of other appointees, who shall be known as court stenog- 
raphers. They shall serve during the pleasure of the Court, and where des- 
ignated by the presiding justice. All books, papers and supplies necessary 
for their use shall be furnished by the State, and the notebooks used by 
them shall be the property of the State, and be deposited with the Clerk 
of the Court in Providence County. Whenever the Attorney General shall 
make a request in writing to the presiding Justice of the Superior Court, 
he shall designate a court stenographer to attend such sittings of any grand 
jury as the Attorney General may designate, to report stenographically the 
testimony given before such grand jury, and it shall be lawful for such sten- 
ographer to attend such sittings for such purpose; provided, that said sten- 
ographer shall not be present during the deliberations of the grand jury, 
or other proceedings except during the taking of testimony. Such sten- 
ographer shall in all cases, before entering upon such duties, be first sworn 
by the clerk of the court to secrecy. He shall transcribe such testimony 
as the Attorney General may direct, and all such transcripts, notes and 
note books shall be delivered forthwith to the Attorney General for his sole 
use. (Gen. Stats., Rev. of 1909, Ch. 278, p. 960, as amended by Laws of 
1913, Ch. 907.) 

Duties — Compensation for Attendance and Transcripts. Such stenogra- 
phers shall report stenographically the proceedings in the trial of every ac- 
tion or proceeding, civil or criminal, in the superior court. The stenogra- 
phers appointed for regular service shall receive as compensation therefor 
fifteen hundred dollars annually, to be paid by the general treasurer upon 
the order of the state auditor. The stenographers appointed for occasional 
service shall receive compensation therefor at the rate of six dollars for 
each attendance, to be paid by the stenographer appointed for regular serv- 
ice, in place of whom such occasional service shall be performed. Each 
stenographer shall also, upon the order of any justice of the court, tran- 
scribe his report to be filed with the papers in the case. He shall also make 
a transcript of the whole or any part of such report upon the written re- 
quest, filed with the clerk, by either party to such action or proceeding, 
and within the time limited by the court for filing the same, but not later 
than forty days from the date of such request, except as provided in § 72, 
Ch. 7, Court and Practice Act, shall immediately deliver the same to the 
party, and for such service shall be paid a reasonable compensation, not 
exceeding ten cents for each one hundred words thereof, to be allowed by 
the court; and in case the transcript is used in subsequent proceedings in 
said cause the cost of the same may be allowed as a part of the costs. (Id.) 

Extension of Time. In case of sickness or other disability of the court 
stenographer who made the report of the evidence and rulings, or for other 
causes, the Superior Court may on motion therefor, and with or without 
notice, grant an extension of time for filing a transcript of the evidence and 
rulings beyond the period of forty days allowed by the preceding section. 
(Id.) 

Expenses. The stenographic clerks of the Supreme Court and Superior 
Court are allowed and paid in addition to the fees provided by law their 

142 



STATUTES R. I. 

actual traveling expenses for traveling and subsistence when performing 
official duty outside of the limits of the county in which they reside to an 
amount not exceeding $350 per annum. (Id., Ch. 363, § 14.) 

BILLS OF EXCEPTIONS. 
Request for Transcript — Payment for. Within seven days after a ver- 
dict or notice of decision, or after a motion for a new trial has been made, 
then within seven days after notice of decision thereon, he shall file in the 
office of the Clerk of the Superior Court, notice of his intention to prose- 
cute a bill of exceptions to the Supreme Court, together with a written re- 
quest to the court stenographer for a transcript of so much of the testimony 
as may be required, and shall deposit with the clerk the estimated iees for 
transcribing such testimony as may be required. The filing of such notice 
and making of such deposit shall stay judgment or sentence until further 
order of the court. (Id., Ch. 298, p. 1053.) 

TRANSCRIPTS ON APPEALS. 

Request for — Fees to be Advanced. In cases in equity where a claim 
of appeal has been filed, the appellant at the time of filing such claim shall 
file, a written request with the court stenographer for a transcript of the 
testimony, and shall advance the estimated fees to the court stenographer 
for transcribing such testimony as may be required. (Id., Ch. 289, p. 1019.) 

Time for Filing. The party taking an appeal shall, within ten days 
after filing claim of appeal, or within such extended time as the Court may 
allow, but not later than fifty days after the filing of such claim, or, in case 
the court shall extend the time for filing a transcript of the evidence as 
provided in § 4 of Chap. 278, but not later than ten days after the expira- 
tion of such extended time, file with the clerk a transcript of the testimony 
taken orally in the cause, if any, or so much thereof as may be agreed by 
the parties. The clerk immediately upon the filing of the transcript shall 
present the same for allowance to the Justice who heard the cause, who, 
after examination, shall restore the transcript to the files of the clerk with 
a certificate of his action thereon. (Id., Ch. 289, p. 1019.) 

Correctness Determined. If the transcript has not been allowed by the 
Justice who heard the cause, or if objection is made thereto by either party, 
the correctness of the transcript may be determined by petition, as provided 
in § 21 of Chap. 298 for determining the matter of exceptions. (Id., Ch. 289, 
127.) 

DEPOSITIONS. 

IVlay be Taken in Shorthand. Every person before deposing shall be 
sworn to testify to the truth, the whole truth, and nothing but the truth, 
and after giving such deposition shall subscribe his name thereto; if taken 
in longhand, in the presence of the official before whom the same was taken. 
Such deposition may be reduced to writing by such official, or by any per- 
son, including the deponent, under his direction, and in his presence, or 
may be reduced to writing stenographically, either by such official, or by 
some person in his presence, and under his direction, sworn by such offi- 
cial to correctly take down in shorthand the evidence as given; and in the 
latter case, the transcript thereof in longhand writing, typewriting, printing 
or other reproduction sworn to by the person stenographically reporting 
the same, and signed by the deponent, shall be received in evidence. The 
signature in the latter case shall be attested by the official taking the depo- 
sition or by some magistrate authorized to administer oaths, whether in 
this state or elsewhere. (Id., Ch. 292, p. 1031.) 

143 



R. I. SHOBTHAND BEFOBTEBS 



TRANSCRIPTS AS EVIDENCE. 



When Admissible. Transcripts from stenographic notes of testimony 
duly taken in the Superior Court under statutory authority verified by the 
certificate of the stenographer taking the same, and allowed by the court, 
shall be admissible as evidence that such testimony was given whenever 
proof of such testimony is otherwise competent. (Id., Ch. 292, p. 1033.) 

INSOLVENCY PROCEEDINGS. 
Employment of Stenograpliers. Registers of Insolvency have power to 
authorize the employment of stenographers at any time in insolvency pro- 
ceedings at the expense of the State. (Id., Ch. 339, p. 1235.) 

MASTERS IN CHANCERY, AUDITORS AND REFEREES. 

Employment of Stenographers. Masters in Chancery, Auditors and 
Referees may employ stenographers to report and transcribe the testimony 
taken in causes referred to them, and the cost of the reports and tran- 
scripts shall be allowed as part of the costs. (Id., Ch. 293, p. 1038.) 



144 



SOUTH CAROLINA 

CIRCUIT COURTS. 

Appointment — Term — Removal — Duties. There shall be twelve court 
stenographers, one for each judicial circuit of the state, who shall be ap- 
pointed by the circuit judge of the respective circuits for a period not ex- 
ceeding the term for which the circuit judge making the appointment was 
elected, and such court stenographer shall be subject to removal by the 
circuit judge making the appointment. It shall be the duty of every sten- 
ographer so appointed, under the direction of the presiding judge of his 
circuit, to take full stenographic notes of all proceedings, including the rul- 
ings and charge of the court in every trial thereat, and in case the pre- 
siding judge, or the Solicitor, for' use in criminal cases, shall require a 
transcript of said stenographic notes, the stenographer shall furnish the 
same written out in full. (Code Civ. Pro., Vol. 2, Laws 1912, § 315.) 

Compensation — Transcript Fees, Forfeiture of — Taxed as Costs. Each 
court stenographer shall receive an annual salary of fifteen hundred dollars,, 
payable monthly upon warrants of the comptroller general, and a fee of 
five cents per hundred words for all transcripts furnished litigants, except 
in the Second, Fifth and Sixth circuits, where the fees for transcripts shall 
be ten cents per folio of one hundred words, which fee shall be paid by 
the parties litigant, except in criminal cases, where the defendant satisfies 
the court that he is unable to pay for such transcript, when the same shall 
be furnished without fee by the court stenographer: Provided, that any 
failure on the part of a court stenographer to furnish a transcript of any 
case, or any part thereof, within thirty days from the time a demand is 
made, shall forfeit his right to any pay for said transcript; any sum so 
paid by any party shall be considered a necessary disbursement in the 
taxation of costs. (Id.) 

Note: Since the passage of this act, an additional circuit has been cre- 
ated, carrying the same salary; and also several local bills have been passed 
making- the transcript fees in practically all the circuits ten cents per folio 
of one hundred words. 

Substitute — Appointment — Compensation — How Paid. The circuit judges, 
of this state are hereby authorized to appoint a special court stenographer 
to act in the place and stead of the regular court stenographer in case of 
sickness, absence or inability to act at any term or part of a term of either 
the court of common pleas or general sessions; and such stenographer when 
so appointed, shall receive not more than the sum of seven and one-half 
dollars per day for each day he may be in attendance upon said court. It 
shall be the duty of the presiding judge to certify the number of days any 
such special stenographer may be engaged in the courts as such; upon this 
certificate the comptroller general shall draw his warrant upon the state 
treasurer for the amount due said stenographer for his services, and the 
said state treasurer is authorized to pay the same. (Id., § 316.) 

For Special Term. It shall be lawful for the presiding judge at any 
special term of the circuit court, where the ofiicial stenographer is perform- 
ing the duties of his oifice at a court then being held in some other county 
of the circuit, to appoint a stenographer for said term of court, who shall 
perform the duties of the ofiice of court stenographer for said term of court. 
(Id., § 3845, p. 1067.) (For compensation see preceding section.) 

COUNTY COURTS. 
Appointment — Duties — Compensation. The county judge of each coun- 
ty wherein there is established a county court shall appoint for said county 

145 



S. C. SHORTHAND KEPOETEES 

court one official stenographer, who shall attend upon the sessions of said 
court and perform the same duties in connection therewith as are per- 
formed by circuit stenographers in the circuit courts. The said stenogra- 
pher shall receive from the county wherein he is appointed a salary of 
^300 per year. (Vol. 1, Laws 1912, § 3872.) 

MUNICIPAL COURTS. 

Appointment on Tender of Fees. In the trial of any case in the mu- 
nicipal court any party shall have the right to have the testimony taken 
atenographically by a stenographer to be appointed by the recorder, pro- 
vided such party shall first tender or pay the charges of such stenographer 
for taking and transcribing the same. (Vol. 1, Code 1912, § 3006.) 

POLICE COURTS. 

Appointment, and Effect of. In taking of testimony and preparation of 
the record in cases of appeal from the said police court, the transcript of 
the notes of the testimony taken of the trial by a sworn stenographer shall 
be held to be equivalent to the testimony signed by the vritnesses, and the 
recorder is hereby authorized and empowered to appoint a suitable person 
as official stenographer of said police court, who, after being duly sworn, 
shall take all testimony before said police court. (Civ. Code Laws 1912, 
I 3892, p. 1077.) 

MASTER OR REFEREE. 

Appointment — Expense Not Taxed as Costs. The master or referee, at 
the request of any party to a cause who may tender the necessary expenses 
Incident thereto, may employ a competent stenographer to take testimony 
in such cause; provided that such expenses shall not be taxed in the costs 
or included in the disbursements of the same. (Code Laws 1912, Vol. 2, 
I 332, p. 128.) 

DEPOSITIONS. 

IVIay be Taken in Sliorthand — Read Over After Transcribed. Every per- 
son deposing as provided in the preceding sections shall be cautioned and 
sworn to testify the whole truth and carefully examined. His testimony 
shall be reduced in writing by the officer taking the deposition, or by him- 
self in the officer's presence, and by no other person, and shall, after it 
has been reduced to writing, be subscribed by the deponent: Provided, 
that this shall not be construed to prevent the use of stenographers for 
the purpose of taking such testimony, but the testimony taken by such 
stenographers shall be reduced to writing or typewriting and read over to 
such witnesses. (Code Laws 1912, Vol. 1, § 3986, p. 1101.) 



146 



SOUTH DAKOTA 

CIRCUIT COURTS. 

Appointment. The judge of the circuit court in each judicial district 
may appoint shorthand reporters whenever, In his judgment, the public 
business will be thereby expedited. (Rev. Codes 1903, p. 123, § 668.) 

Duties^Compensation — How Paid. The reporter under the direction of 
the court, shall take down in shorthand the oral instructions of the judge, 
the objections made and exceptions taken during the trial in all criminal 
cases, and in civil cases when either the parties or the judge direct, and 
also such other matters as the court shall order; and for each day actually 
employed in the performance of such duties, he shall receive such sum as 
may be fixed by the court, not to exceed ten dollars a day, to be audited 
and paid by the county or subdivision wherein such services shall be ren- 
dered, upon the order of the judge, provided such per diem shall not be 
allowed to a reporter except for days of a regular or adjourned term of 
the court when the judge is present and presiding. (Id., § 669.) 

Filing Transcript, Criminal Cases. The judge may upon the applica- 
tion of either party in a criminal case, direct the reporter to file with the 
clerk, a transcript of the shorthand notes, and for doing so the reporter 
shall receive ten cents per folio, to be audited and paid in the same way 
as the per diem fee. (Id., § 670.) 

Transcripts for Parties — Compensation for — Transcripts as Evidence — 
Carbon Copies. The reporter shall upon the request of either party in a 
civil or criminal case, make and certify a transcript on payment of his fees, 
at the rate of ten cents per folio, and when so certified the transcript shall 
by prima facie evidence of the testimony, rulings, etc., upon the trial. For 
each carbon copy of a transcript, the reporter shall receive five cents per 
page. (Id., §671.) 

In Various Counties in Circuit — Mileage. The reporter shall proceed 
from county to county where the circuits are held when required by the 
circuit judge, and be in attendance upon the circuit court, and perform such 
duties as shall be required of him, and shall receive five cents a mile as 
traveling expenses for each mile traveled in going to and returning from 
such circuit court. (Id., § 672.) 

To Accompany Judge. The oflicial reporter is authorized to accompany 
the judge of his circuit when he is requested to substitute for another cir- 
cuit judge. (Ch. 84, Laws of 1905.) 

Term of Office — Oath. The reporters shall hold their ofl[ices until re- 
moved by the judge of the circuit court for which they are appointed, for 
misconduct, incapacity or inattention to duty, and they shall take an oath 
to support the constitution of the United States and of the State of South 
Dakota, and to faithfully perform their duties, which oath shall be filed with 
the clerk of the circuit court. (Rev. Codes 1903, § 673.) 

Transcript Fees Taxed as Costs. To the prevailing party, upon motion 
for new trial where no appeal is taken from the order granting new trial, 
or to the successful party upon an appeal to the supreme court, there shall 
be taxed by the trial court, the cost of the stenographer's transcript of the 
evidence and copy thereof which may have been necessarily procured for 
the purpose of a settled record. (Laws of 1913, Ch. 168, § 1, Par. 7.) 

147 



TENNESSEE 

COURTS OF RECORD. 

Appointment — Qualifications — Oath — Transcript as Bill of Exceptions. 
Upon the trial of any cause or proceeding In any court of record of this 
state, upon request of either party, the judge of said court shall appoint 
a competent stenographer, who shall first he duly sworn to make a true, 
impartial and complete stenographic report of the oral testimony given in 
the trial of said cause or proceedings, as well as the rulings of the judge, 
and in case of an appeal to a higher court, a transcript of his said steno- 
graphic notes shall constitute a part of the bill of exceptions in said cause 
or proceeding. (Acts of Tenn., 1887, Ch. 217, § 1; Shannon's Code of Tenn., 
§ 4695.) 

Compensation, by Whom Paid. The party alone at whose instance said 
stenographer was employed, shall be responsible for his compensation for 
the work done by him. (Id., §2; Id., §4696.) 

Correction of Transcript. The court or judge before whom any cause 
is tried in which such stenographer is employed, shall have the right and 
power to revise and correct the report so made before it becomes a part of 
the bill of exceptions. (Id., § 3; Id., § 4697.) 

DEPOSITIONS. 

IWay be Taken in Shorthand — Form of Certificate — Transcript to be 
Signed by Witness. Persons authorized to take depositions may take them 
in shorthand, and subsequently reduce the same to manuscript or typewrit- 
ing, or may take them directly on typewriting machine; Provided, That in 
case the deposition be taken in shorthand, the person taking it can truth- 
fully certify, and does certify substantially as follows: "I certify that, 
being a stenographer, X took the foregoing deposition in the exact language 
of the witness and reduced it to typewriting (or manuscript). That it was 
then read over by the witness in my presence (or was read over by me 
to the witness), and was approved and signed by him; and I also certify 
that I am not, in any capacity, in the regular employ of the party in whose 
benefit this deposition is taken, nor in the regular employ of his attorney; 
and I certify that I am not interested in the case, nor of kin or counsel to 
either of the parties, and that I sealed up said deposition and delivered it 

to (or delivered it to the express oflce, or 

put it in the postofllce), without it being taken out of my possession, or 
altered after it was taken." No deposition taken under this act shall be 
signed by the witness until it shall have been reduced to manuscript or 
typewriting. (Acts of Tenn., 1899, Ch. 276, §1; Shannon's Sup. to Code, 
i 5650.) 

iVIay be Taken by Employe by Consent. Nothing herein shall prevent 
the taking of depositions by stenographers in the regular employ of the 
litigant taking the deposition, or his attorney, where the opposite party 
consents thereto. (Id., § 2>; Id.) 

Note: An old act. Acts 1909, c. 160, provides for the taking of depositions 
by a reputable and competent stenographer or typewriter, who may take the 
testimony in shorthand and afterwards transcribe it, or directly upon the ma- 
chine; and provides what the certificate to such deposition shall contain, and 
that the expense of the stenographer shall be borne by the party requesting 
the same. 



148 



TEXAS 

DISTRICT COURTS. 

Appointment — Qualifications — Term. For the purpose of preserving a 
record in all cases for the information of the courts, jury and parties, the 
judges of the district courts in all judicial districts of this state composed 
of only one county or only a portion of one county, and of all other district 
courts sitting in the same counties therewith, shall appoint official short- 
hand reporters for such courts, who shall be well skilled in their profes- 
sion, who shall be sworn officers of the courts and shall hold their office 
during the pleasure of the court. In all other judicial districts, the district 
judges thereof shail appoint official shorthand reporters, and the terms of 
this act shall apply to such appointments. (Acts of 1911, p. 264, § 1; Ver- 
non's Sayles' Civil Stats., 1914, Art. 1920.) 

Examination and Certification. Before any person is appointed official 
shorthand reporter under the provisions of this act, he shall be examined 
as to his competency by a committee to be composed of at least three mem- 
bers of the bar practicing in said court, such committee to be appointed 
by the judge thereof. The test of competency of any applicant for the po- 
sition of official shorthand reporter shall be as follows: The applicant 
shall write in the presence of such committee at the rate of at least one 
hundred and seventy-five words per minute for five consecutive minutes 
from questions and answers submitted to him, and in computing the num- 
ber of words written the words "question" and "answer" appearing in the 
official shorthand reporter's transcript shall not be counted, and shall tran- 
scribe the same with accuracy. If the applicant passes this test satisfac- 
torily, a majority of the committee shall furnish him with a certificate of 
that effect, which shall be filed among the records of the court, and shall 
be recorded by the clerk of the court in the minutes thereof. Upon the 
occasion of subsequent appointments, the presentation of a certified tran- 
script from the clerk of the court of the certificate above mentioned shall 
be taken as prima facie evidence of the applicant's competency; provided, 
however, that if the applicant shall have been official stenographer of any 
district court of this state for not less than two years prior to the filing of 
his application for said appointment, then such examination by said com- 
mittee, as herein provided, shall not be necessary. (Id., § 2; Id., Art. 1921.) 

Oatii. Before any one shall assume the duties of official shorthand re- 
porter under the provisions of this act he shall, in addition to the oath 
required of officers by the constitution, subscribe to an oath to be adminis- 
tered to him by the clerk of any district court, to the effect that he will 
well and truly, and in an impartial manner keep a correct record of all 
evidence offered in any case which may be reported by him, together with 
the objections and exceptions thereto which may be interposed by the 
parties to such suit and rulings and remarks of the court in passing on 
the admissibility of such testimony. (Id., § 3; Id., Art. 1922.) 

Duties. It shall be the duty of the official shorthand reporter to attend 
all sessions of the court; to take full shorthand notes of all the oral testi- 
mony offered in every case tried in said court, together with all objections 
to the admissibility of testimony, the rulings and remarks of the court 
thereon, and all exceptions to such rulings; to preserve all shorthand notes 
taken in said court for future use or reference for four years, and to fur- 
nish to any person a transcript in question and answer form of all such 
evidence or other proceedings or any portion thereof, upon the payment 
to him of the compensation hereinafter provided. (Id., § 4; Id., Art. 1922.) 

149 



Tex. SHORTHAND EEPOETEiBS 

Transcripts — Compensation for. In case an appeal is perfected from 
the judgment rendered in any case, the oflBcial shorthand reporter shall tran- 
scribe the testimony and other proceedings recorded by him in said case 
in the form of questions and answers, certifying that such transcript is 
true and correct, and shall file the same in the oflace of the clerk of the 
court within such reasonable time as may be fixed by written order of the 
court. Said transcript shall be made in duplicate; for which said transcript 
the official shorthand reporter shall be paid the sum of fifteen cents per 
folio of one hundred words for the original copy and no charge shall be 
made for the duplicate copy, said transcript to be paid for by the party 
ordering the same on delivery, and the amount so paid shall be taxed as 
costs. (Id., §5; Id., Art. 1924.) 

Statement of Facts in Narrative Form. Upon the filing in the ofilce of 
the clerk of the court by the official shorthand reporter of his transcript, 
as provided in § 5 of this act, the party appealing shall prepare or cause 
to be prepared from the transcript filed by the official shorthand reporter, 
as provided in § 5 of this act, a statement of facts, in duplicate, which shall 
consist of the evidence adduced upon the trial, both oral and by deposi- 
tipn, stated in succinct manner and without unnecessary repetition, together 
with copies of such documents, sketches, maps and other matters as were 
used in evidence. It shall not be necessary to copy said statement of facts 
in the transcript of the clerk on appeal, but the same shall when agreed to 
by the parties and approved by the judge, or in the event of a failure of 
the parties to agree, and a statement of facts is prepared and certified to 
by the judge trying the ease, be filed in duplicate with the clerk of the 
court, and the original thereof shall be sent up as a part of the record in 
the cause on appeal. Provided, however, that the official shorthand re- 
porter shall, when' requested by the party appealing, prepare from the tran- 
script filed by the official shorthand reporter, 'as provided in § 5 of this act, 
a statement of facts in narrative form, in duplicate, and deliver the same 
to the party appealing, for which said statement of facts he shall be paid 
by the party appealing the sum of fifteen cents per folio of 100 words for 
the original copy, and no charge shall be made for the duplicate copy, and 
such amount shall not be taxed as costs In the case. (Id., §6; Id., Art. 
2070.) 

Time for Filing Statements of Facts and Bilis of Exceptions. When an 
appeal is taken from the judgment rendered in any district court or county 
court, the parties to the suit shall be entitled to, and they are hereby 
granted thirty days after the day of adjournment of court in which to pre- 
pare or cause to be prepared, and to file a statement of facts and bills of 
exceptions; and upon good cause shown the judge trying the cause may 
extend the time In which to file a statement of facts and bills of exception. 
Provided, that the court trying such cause shall have, the power in term 
time or vacation, upon the application of either party, for good cause, to 
extend the several times as hereinbefore provided for the preparation and 
filing of the statement of facts and bills of exception, but the same shall 
not be so extended so as to delay the filing of the statement of facts, to- 
gether with the transcript of record, In the Appellate Court within the time 
prescribed by law, and when the parties fail to agree upon a statement of 
facts, and that duty devolves upon the court, the court shall have such time 
in which to do so, after the expiration of thirty days, as hereinbefore pro- 
vided, as the court may deem necessary, but the court in such cases shall 
not postpone the preparation and filing of same, together with the transcript 
of the record. In the Appellate Court within the time prescribed by law. 
Provided if the term of said court may by law continue more than eight 

150 



STATUTES Tex, 

weeks said statement of facts and bills of exception shall be filed within 
thirty days after final judgment shall be rendered unless the court shall 
by order entered of record in said cause extend the time for filing such 
statement and bills of exception. Provided, further, that when the parties 
fail to agree upon a statement of facts the judge shall not be required to 
prepare such statement of facts, unless the party appealing, by himself or 
attorney, within the time allowed for filing, shall present to the judge a 
statement of facts, and shall certify thereon over his signature that to the 
best of his knowledge and belief it is a full and fair statement of all the 
facts proven on the trial. Provided, that any statement of facts filed be- 
fore the time for filing the transcript in the appellate court expires, shall 
be considered as having been filed within time allowed by law for filing 
same. (Id., § 7; Id., Art. 2073.) 

Compensation — Defendant in Criminal Case Unable to Pay — Appeal 
Witliout Bond in Civil Cases. The ofl&cial shorthand reporter shall receive 
a per diem compensation of five dollars for each and every day he shall be 
in attendance upon the court for which he is appointed, in addition to the 
compensation for transcript fees as provided in this act, said compensation 
shall be paid monthly by the Commissioners' Court of the county in which 
the court sits, out of the general fund of the county, upon the certificate 
of the district judge. Provided, however, in districts of two or more coun- 
ties the official shorthand reporter shall receive a salary of $1,500 per annum, 
in addition to the compensation for transcript fees as provided for in this 
act, to be paid monthly by the counties of the district in proportion to the 
number of weeks provided by law for holding court in the respective coun- 
ties. Provided that in a district wherein in any county in the district the 
term may continue until the business is disposed of, each county shall pay 
in proportion to the time court is actually held in such county. Provided, 
that when any criminal case is appealed and the defendant is not able to- 
pay for a transcript as provided for in § 5 of this act, or to give security 
therefor, he may make affidavit of such fact, and upon the making and 
filing of such affidavit, the court shall order the stenographer to make such 
transcript in duplicate, and deliver them as herein provided in civil cases,, 
but the stenographer shall receive no pay for same, provided that should 
any such affidavit so made by such defendant be false he shall be prose- 
cuted and punished as is now provided by law for making false affidavits. 
In any civil case where the appellant or plaintiff in error has made the 
proof required to appeal his case without bond, such appellant or plaintiff 
in error may make affidavit of such fact, and upon the making and filing of 
such affidavit, the court shall order the stenographer to make a transcript 
as provided in § 5 of this act, and deliver same as herein provided in other 
cases, but the stenographer shall receive no pay for same, provided that 
should any such affidavit so made by such appellant or plaintiff in error 
be false he shall be prosecuted and punished as is now provided by law 
for making false affidavits. (Id., §8; Id., Arts. 1925 and 2071.) 

To IVIake Transcript for Parties — Compensation for. At the request ot 
any party to the suit it shall be the duty of the official shorthand reporter 
to make a transcript in typewriting of all the evidence and other proceed- 
ings, or any portion thereof, in question and answer form, as provided in 
§ 5 of this act, which transcript shall be paid for at the rate of fifteen cents 
per folio of 100 words by and be the property of the person ordering the 
same. (Id., §9; Id., Art. 1926.) 

Stenographer's Fee Taxed as Costs. Hereafter the clerks of all courts 
having official shorthand reporters, as provided for in this act, shall tax as 
costs in each civil case, where an answer is filed, except suits for the col- 

151 



Tex. SHORTHAND BEPOETEBS 

lection of delinquent taxes, a stenographer's fee of three dollars, which 
•shall he paid as other costs in the case, and which shall be paid by said 
<;lerk, when collected, into the general funds of the county In which said 
<:ourt sits. (Id., § 10; Id., Art. 1927.) 

Appointment of Deputies— Oath and Examination. The official short- 
hand reporter may, with the consent of the court, appoint one or more 
deputies, when necessary, to assist him in the discharge of his duties; pro- 
Tided, however, that before any such deputy shall enter upon the discharge 
of his duties as official shorthand reporter he shall subscribe to the same 
oath hereinbefore provided for the official shorthand reporters, and shall 
also be required to stand such examination as to his proficiency as may 
be required by the court. (Id., § 11; Id., Art. 1928.) 

Repeai of Inconsistent Acts — Parties iVIay Prepare Statements of Facts. 
That Ch. 39, page 374, Acts of the First Called Session of the Thirty-first 
Legislature of the State of Texas, providing for the appointment of court 
stenographers, prescribing their duties and regulating their charges and 
-compensation, and all other laws or parts of laws in conflict with this act 
be, and the same are hereby expressly repealed; provided, however, that 
nothing in this act shall be so construed as to prevent parties from pre- 
paring statements of facts on appeal independent of the transcript of the 
notes of the official shorthand reporter. (Id., §13; Id., Art. 2072.) 

Duties in Feiony Cases — Statements of Facts and Biiis of Exceptions- 
Transcript Fee and How Paid, in Certain Cases. In the trial of all criminal 
■cases in the district court in -which the defendant is charged with a felony, 
the official shorthand reporter shall keep an accurate stenographic record 
of all the proceedings of such trial in like manner as is provided for in 
civil cases, and should an appeal be prosecuted in any judgment of con- 
viction, whenever the State and defendant cannot agree as to the testimony 
of any witness, then and in such event, so much of the transcript of the 
■official shorthand reporter's report with reference to such disputed fact or 
facts shall be inserted in the statement of facts as is necessary to show 
w^hat the witness testified to in regard to the same, and constitute a part 
of the statement of facts, and the same shall apply to the preparation of 
bills of exception; provided, that such stenographer's report when carried 
into the statement of facts or bills of exception, shall be condensed so as 
not to contain the questions and answers except where, in the opinion of 
the judge, such questions and answers may be necessary in order to eluci- 
■date the fact or question involved; provided, that in all cases where the 
court is required to and does appoint an attorney to represent the defendant 
in a criminal action, that the official shorthand reporter shall be required 
to furnish the attorney for said defendant, if convicted, and where an ap- 
peal is prosecuted, with a transcript of his notes as provided in § 5 of this 
act, for which said services he shall be paid by the State of Texas, upon the 
■certificate of the District Judge, one-half of the rate provided for herein 
in civil cases. (Id., § 14; Id., Art. 1933.) 

Special Stenographer Employed — Compensation. Where there shall be 
no official stenographer, the court may, and upon application of either party 
shall, employ a competent stenographer or other person to take down the 
testimony in the cause for the purpose of preserving the evidence given 
on the trial. In such case, reasonable compensation, not to exceed twenty 
•cents per hundred words, shall be allowed such stenographer to be fixed 
by the court and taxed in the bill of costs. (Vernon's Sayles' Civil Stats., 
1914, Arts. 1930, 1931) (1295-1296.) 

Note: This act was in force before the Act of 1903, providing for official 
stenographers. While not repealed by direct reference in any subsequent act, 

152 



STATUTES Tex. 

the question whether it has been repealed by implication in the various sub- 
sequent acts has not been passed upon by the Supreme Court. 

COUNTY COURTS. 

Appointment in Civil Cases — Oath — Other Provisions Applicable. When- 
ever either party to a civil case pending in the county court shall apply 
therefor, the judge of the court shall appoint a competent stenographer to 
report the oral testimony given in such case, provided there is a competent 
stenographer present. Such stenographer shall take the oath herein pre- 
scribed, and shall receive compensation of to be not less than $5.00 per 
day, which shall be taxed and collected as costs; in such cases the provi- 
sions of this act with respect to the preparation of the statement of facts, 
the time to be allowed therefor, and for the presentation to the opposite 
party, and the approving and filing thereof by the court, shall apply to all 
statements of facts in civil causes tried in the county court, and all pro- 
visions of law governing statements of facts and bills of exceptions to be 
filed in district courts and the use of same on appeal shall apply to civil 
causes tried in the county courts. (Acts of 1911, p. 264, §12; Vernon's 
Sayles' Civil Stats., 1914, Art. 1932.) 

STATEMENT OF FACTS. (Rules of the Supreme Court of Texas, 1912.) 
Where the Fact Is Established. Where the evidence adduced upon the 
trial of a cause is sufficient to establish a fact or facts alleged by either 
party, the testimony of witnesses, and the deeds, wills, records or other 
written instruments, admitted as evidence, relating thereto, should not be 
stated or copied in detail into a statement of facts, but the facts thus es- 
tablished should be stated as facts proved in the case; provided, an in- 
strument, such as a note or other contract, mortgage or deed of trust that 
constitutes the cause of action on which the petition or answer or cross bill 
or intervention is founded may be copied once in the statement of facts. 
(Rule 72. See Vol. 142, S. W. Rep., pp. xxii and xxiii.) 

Where Fact is Disputed. When there is any reasonable doubt of the 
sufficiency of the evidence to constitute proof of any one fact under the 
preceding rule there may then be inserted such of the testimony of the 
witnesses and written instruments, or parts thereof, as relate to such facts. 
(Rule 73.) 

When Instruments Copied. When it becomes necessary to insert in a 
statement of facts any instrument in writing, the same shall be copied into 
the statement of facts before it is signed by the judge, and instruments 
therein only referred to and directed to be copied shall not be deemed a 
part of the record. (Rule 74.) 

Instruments Not Disputed. Where there is no dispute about, or ques- 
tion made upon, the validity or correctness in the form of a deed, or its 
record, a will or its probate, record of a court, or any written instrument 
adduced in evidence, it should be described (and not copied) or its legal 
effect as evidence stated, as a fact established. (Rule 75.) 

Instruments Disputed. When questions are raised on such instruments 
as are mentioned in the preceding rules, only so much or such parts of them 
shall be copied into the statement of facts as may be necessary to present 
the question, and the balance of them shall only be described, or presented 
as described in the preceding rule. (Rule 76.) 

Formal Parts of Depositions Not Copied. The commissions, notices and 
interrogatories in depositions adduced in evidence shall in no case be in- 
serted or copied into a statement of facts, but the evidence thus taken and 

153 



Tex. SHOETHAND EEPOETEES 

admitted shall appear in the statement of facts in the same manner as 
though the witness had been on the stand in giving his evidence, and not 
otherwise, in form or substance. (Rule 77.) 

Transcript of Shorthand Notes Not Copied. Neither the notes of a 
stenographer taken upon the trial, nor a copy thereof made at length, shall 
be filed as a statement of facts, but the statement made therefrom shall be 
condensed throughout in accordance with the spirit of the foregoing rules 
upon this subject. (Rule 78.) 



UNITED STATES 

COURTS OF EQUITY. 

Appointment — Fees. When deemed necessary by the court or officer 
taking testimony, a stenographer may be appointed who shall take down 
testimony in shorthand and, if required, transcribe the same. His fee shall 
be fixed by the court and taxed ultimately as costs. The expense of taking 
a deposition, or the cost of a transcript, shall be advanced by the party 
calling the witness or ordering the transcript. (Rule 50, Rules of Practice, 
in force Feb. 1, 1913.) 

REFEREES IN BANKRUPTCY. 

Appointment — Compensation. Referees are invested with jurisdiction, 
upon the application of the trustee, during the examination of the bankrupt 
or other proceedings, to authorize the appointment of stenographers at the 
expense of the estate at a compensation not to exceed ten cents per folio 
for reporting and transcribing the proceedings. (Bankruptcy Act of 1898, 
§ 38, Subd. 5.) 

COURT OP CUSTOMS APPEALS. 

Appointment — Compensation — Duties. The court may appoint one sten- 
ographic reporter at a salary of two thousand five hundred dollars per an- 
num, payable in equal monthly installments, who shall hold his office during 
the pleasure of and perform such duties as are assigned to him by the 
court. Said reporter shall prepare and transmit to the Secretary of the 
Treasury once a week in time for publication In the Treasury Decisions 
copies of all decisions rendered to that date by said court, and prepare and 
transmit, under the direction of said court, at least once a year, reports of 
said decisions rendered to that date, constituting a volume. (Judicial Code, 
§192; Act of March 3, 1911, c. 231.) 



154 



UTAH 

DISTRICT COURTS. 

Appointment by Contract. The judge of a district court may employ 
and contract with a stenographer to report the proceedings of such court, in 
the manner and under the limitations hereinafter provided. In districts 
where there are two or more judges, each judge thereof may employ and 
contract with a stenographer. (Comp. Laws 1907, §721; Sess. Laws 1899.) 

Contract — What to Contain — Duties — Transcripts — Compensation — Term 
— Mileage. The judge of such district court may make a written contract 
with a competent person qualified to report stenographically the proceedings 
of the court. Said contract shall expressly provide that the stenographer 
shall attend all sittings of the court, when ordered to do so by the judge 
thereof, take full stenographic notes of the testimony and of all proceedings 
given or had thereat, except when the judge dispenses with his services in 
a particular cause, or with respect to a portion of the proceedings thereof; 
that the stenographer shall file with the clerk forthwith the original sten- 
ographic notes taken at the trial or hearing so required to he taken; that 
all objections made to the rulings, decisions and opinions of the court, and 
the exceptions taken during the trial or hearing, shall be written out at 
length, or typewritten by the stenographer, and filed with the clerk forth- 
with after the close of the trial or hearing, if required by either party to 
the action; that the stenographer shall furnish upon request, with all reas- 
onable diligence, to the defendant in a criminal cause, or a party or his at- 
torney in a civil cause, in which he has attended the trial or hearing, a copy 
written out at length from his stenographic notes of the testimony and 
proceedings, or a part thereof, upon the trial or hearing, upon payment by 
the person requiring the same, of such fees as shall be provided in said 
contract. Such contract shall expressly provide that the compensation of 
such stenographer shall be at a certain rate per day, for attendance at each 
sitting of the court, which shall not exceed the sum of $8, and for the 
compensation of such stenographer for transcribing into longhand or type- 
writing, his stenographic notes of the testimony and proceedings, or a part 
thereof, shall not exceed the sum of twelve cents per folio, and not to exceed 
four cents per folio for additional copies when furnished to the same party 
ordering the original, not exceeding two such additional copies. Such con- 
tract shall further provide that the said stenographer shall hold his employ- 
ment at the pleasure of the judge of the court appointing him, or his suc- 
cessor, and may also provide that said stenographer shall be paid not to 
exceed ten cents per mile for each mile actually traveled by him in the 
performance of his part of said contract: Provided, that no mileage shall 
be paid where free transportation is used, and the amount of such mileage 
shall be certified by the court to the state auditor, who shall draw his war- 
rant upon the state treasurer for the amount so certified, and the same 
shall be paid out of the state treasury. Such contract may contain such 
other stipulations and conditions as may be agreed upon by the said judge 
and the said stenographer. (Sess. Laws 1911, amending Comp. Laws 1907, 
§ 722.) 

Assistants. The stenographer may, when necessary, with the consent 
of the court, employ an assistant, who shall receive the same compensation 
as the stenographer, and whose minutes, transcripts and certificates shall 
have the same force and effect as though made by the official stenographer. 
(Comp. Laws, 1907, §723, p. 377; Sess. Laws 1899.) 

Transcript as Bill of Exceptions. The objections and exceptions to the 
rulings, decisions and opinions of the court, which shall be written out by 

155 



Utah SHOBTHAND BEFOBTEBS 

the stenographer and filed with the clerk, as provided in said contract, may 
be settled thereafter in a bill of exceptions. (Id., § 724, p. 377; Sess. Laws 
1899.) 

Prima Facie Evidence. The report of the stenographer so employed 
when written out in longhand or typewriting, and certified by him as being 
a correct transcript of the testimony and proceedings in the case is prima 
facie a correct statement of such testimony and proceedings. (Id., § 725, 
p. 377; Sess. Laws 1899.) 

Bond. Before any stenographer so employed shall enter upon the dis- 
charge of his duties, under the said contract, he shall give a bond with suffi- 
cient surety, conditioned for the faithful performance of said contract, in 
the sum of $2,500, or such further sum as the judge shall fix. Said bond 
shall run to the judge in his official capacity, but an action thereon may be 
maintained by any person whose rights are affected by the failure of the 
stenographer to perform any condition of the said contract. (Id., § 726, p. 
377; Sess. Laws 1899.) 

Payment for Transcripts — Taxation as Costs — Where Defendant im- 
pecunious. In cases where a transcript has been ordered by the court, the 
fees for transcribing must be paid by the respective parties to the action 
or proceedings in equal proportion, or by such of them and in such pro- 
portion as the court in its discretion may order. In no case shall a tran- 
script be t^xed as costs unless ordered either by the plaintiff or defendant 
or by the court; nor shall the stenographer be required in any civil case to 
transcribe his notes until the fees therefor be tendered him, or a sufficient 
amount to cover the same be deposited in court for that purpose. The party 
ordering the stenographer to transcribe any portion of the testimony or 
proceedings must pay the fees to the stenographer therefor. If the defend- 
ant in a criminal case desires to have the stenographer transcribe his notes 
taken on the trial, he must pay the stenographer's fees therefor, or deposit 
a sum equivalent thereto with the clerk of the court therefor, or the court 
must refuse to order the stenographer to transcribe his notes; provided, 
that if it appears by affidavit, made by the defendant in person, that said 
defendant is impecunious and unable to pay the stenographer's fee for 
transcribing his notes, and that a transcript of the same is necessary in 
perfecting an appeal on behalf of the defendant, and said facts are not suc- 
cessfully controverted by the county attorney or by affidavit of some per- 
son cognizant of the facts, the court may issue an order directing that the 
stenographer transcribe his notes taken on the trial of the defendant, or so 
much thereof as the court may deem necessary, at the cost of the state. In 
criminal cases, where the proceedings have been taken down or transcribed 
upon the order of the court, the fees of the stenographer shall be certified 
by the court to the state auditor, who shall draw his warrant upon the state 
treasurer for the amount so certified, and the same shall be paid out of the 
state treasury. (Id. § 727, p. 377; Sess. Laws 1899.) 

IVIanner of Payment for Attendance. The judge of said court shall cer- 
tify, when requested by the stenographer, the time which he shall have 
been employed in attendance upon the court, except on the trial of criminal 
cases, and the amount to which he is entitled therefor. Upon presentation 
of such certificate of the judge to the county auditor, said auditor shall draw 
a warrant in favor of said stenographer upon the county treasurer for the 
amount so certified, which warrant shall be a sufficient voucher for the pay- 
ment of the same by the county treasurer. (Id., §728; Sess. Laws 1899.) 

Fee for Stenographer Coliected by Cierlc. A stenographer's fee of three 
dollars shall be collected by the clerk of the court, in each case, upon the 

156 



STATUTES Utah 

filing of said case, which shall be paid to the county treasurer, by the clerk, 
and may be taxed as costs in the action; provided, that no stenographer's 
fee shall be charged or collected in probate matters unless the same be con- 
tested, and then the fees shall be paid by the party contesting; provided, 
that in all actions now pending the clerk of the court shall at once collect 
the fee as herein provided; and provided, further, that in no case shall the 
state be liable for such fee. (Id., § 728x; Sess. Laws 1899.) 

Exemption of Judge, Etc., from Liability. Neither the judge employing 
and contracting with such stenographer, nor the state nor any department 
thereof, shall be liable to the stenographer for any compensation, fee or 
mileage, except as provided herein. (Id., § 728x1; Sess. Laws 1899.) 

CITY COURT. 

Wtien Stenographer IMay Be Employed. Any judge of the city court in 
cities of the first class may employ and contract with a competent stenog- 
rapher to report the proceedings in any civil case in such court, where the 
amount involved in controversy exceeds the sum of $100, and upon request 
of either party to such action. (Laws 1907, p. 83.) 

Compensation. The amount to be paid such stenographer shall not 
exceed six dollars per day for actual services rendered in reporting, and he 
shall be allowed to charge eight cents per folio for a transcript of his notes. 
The per diem shall be paid out of the city treasury. (Id., p. 83.) 

Fee for Stenographer Collected by Clerk. The party requesting the 
reporter's services shall pay to the clerk the sum of $3 as reporter's fees, 
and the same shall be taxed as costs in the action. (Id., p. 83.) 

SUPREME COURT. 

Appointment — Compensation. The Supreme Court is permitted to em- 
ploy a stenographer at a salary of $1800 per annum. (Comp. Laws 1907, 
§ 666, as amended by Laws of 1909.) 

UNITED STATES DISTRICT COURT. 

Compensation. An order has been made by the United States judge in 
the District of Utah, appointing a stenographer in equity cases. The suc- 
cessful party may tax up $10 per diem for each full day's attendance. The 
transcript fee has been fixed by the court at 15 cents per folio for the 
original, and five cents per folio for each copy. The same transcript rate has 
been fixed for transcripts of evidence taken before the Standing Examiner 
in Chancery. 

JUVENILE COURTS. 

Appointment — Compensationi — ^Duties. In all, proceedings before the 
juvenile court, where the rights of the parents, parent, custodian, or guar- 
dian are asserted for determination, a stenographic report of the proceed- 
ings shall be kept and preserved. A reporter shall be provided by the ju- 
venile court commission for juvenile courts, who shall be paid at the rate 
of not to exceed $5 per day while actually on duty. Otherwise the provisions 
of law relating to stenographers in district courts shall govern stenographers 
in juvenile courts. (Comp. Laws of 1907, § 720x13; Laws of 1907, p. 211.) 

CORONER'S INQUESTS. 
Appointment — Compensation. The justice shall have the testimony 
given by the witnesses reduced to writing under his directions, and may 

157 



Utah SHOETHAND EEPOKTEBS 

employ a stenographer for such purpose at the same relative compensation 
as is now allowed to stenographers In the district courts of this state, and 
when such testimony shall have been taken down by the stenographer, a 
transcript thereof, duly certified, shall constitute the deposition of such wit- 
ness. (Rev. St. 1888, § 1230; Comp. L. 1907, § 1230.) 

TESTIMONY OF DECEASED, ETC. WITNESSES. 
Transcript of, Read in Evidence. Whenever in any court of record the 
testimony of any witness in any case shall be stenographically reported by 
an official court reporter, and thereafter said witness shall die, or be beyond 
the jurisdiction of the court in which the case is pending, either party to 
the record may read in evidence the testimony of said witness, when duly 
certified by the stenographer to be correct, in any subsequent trial of, or 
proceeding had, in the same cause, subject only to the same objections that 
might be made If said witness were upon the stand and testifying in open 
court. (Rev. Stat. 1898, § 3475.) 

PRELIMINARY EXAMINATIONS. 
Appointment — Transcript Prima Facie Evidence — Duties — Compensa- 
tion. The testimony of each witness in cases of homicide must be reduced 
to writing as a deposition, by the magistrate, or under his direction; and in 
other cases upon the demand of the prosecuting attorney. The magistrate 
before whom the examination shall be had may, with the consent of the 
county attorney, order the testimony and proceedings to be taken down in 
shorthand, in all examinations herein mentioned, and for that purpose he 
may appoint a stenographer . . . When taken down in shorthand, the 
transcript of the stenographer appointed as aforesaid, when written out in 
longhand, and certified as being a correct statement of such testimony and 
proceedings in the case, shall be prima facie a correct statement of such 
testimony and proceedings. The stenographer shall, if the defendant is held 
to answer the charge, within ten days after the close of such examination, 
transcribe his said shorthand notes into longhand, and certify and file the 
same with the clerk of the district court of the county in which the defend- 
ant shall have been examined, and shall in all cases file his original notes 
with said clerk. The stenographer's fees shall be paid out of the treasury 
of the county. (Rev. Stat. 1898, § 4670.) 

Use of Transcript When Attendance of Witness Cannot Be IHad. The 

testimony of a witness may be taken on the part of the state and used upon 
the trial of a defendant, provided the witness is dead, insane or out of the 
jurisdiction of the court. (Comp. Laws 1907, § 4685x1, p. 196.) 

BILLS OP EXCEPTIONS. 
What iWay be Contained. The stenographer's notes of the evidence may 
be stated. (Comp. Laws 1907, §3284; Sess. Laws of 1903, p. 33.) 

COSTS ON APPEAL ALLOWED. 
Transcripts included In. The costs to be awarded to a party as pro- 
vided in this and the preceding sections shall include . . . and the cost 
of transcribing the stenographer's notes or minutes of the trial or hearing. 
(Comp. Laws 1907, § 3351.) 

IRRIGATION AND WATER RIGHTS. 

All Testimony to be Stenographically Reported. All the testimony 

taken by any referee or referees shall be stenographically reported, and the 

same, together with all other evidence in the matter, shall be transmitted 

to, preserved, and filed in the office of the clerk of said district court, with 

158 



STATUTES Utab. 

the report of such referee or referees. (Sess. Laws 1903, p. 93; Sess. Laws 
1905, p. 150.) 

Compensation, How Paid. The fees of referees and stenographers shall 
be fixed hy the court, and, together with any other expenses not herein pro- 
vided for that may be incurred in carrying out the provisions of this title, 
shall be paid out of the state treasury, upon certificates from the proper 
district judge to the state auditor of the amount due each person for such 
service. (Comp. Laws 1907, § 1288x39.) 

DEFINITION OF FOLIO. 
The term "folio" when used as a measure for computing fees, shall be 
construed to mean one hundred words, counting every number expressed in 
numerals as a word; provided, that in computing fees to be charged by the 
county recorder for recording any plat or map, the word "folio" shall be 
construed to mean one hundred numbers, letters or characters. Any por- 
tion of a folio, when in the whole draft or paper there shall not be a com- 
plete folio, or when there shall be an excess over the last folio exceeding 
one-half, shall be computed as a folio. (Comp. Laws 1907, § 1022, p. 468.) 

GRAND JURIES. 

Note: In the acts regarding grand juries and the persons who may be 
present during sessions, stenographers are omitted. An application was made 
In 1908 to the U. S. District Judge to have a stenographer present to talce 
testimony In certain U. S. cases, and this application was denied, upon the 
ground that no statute of the United States permitted it, and it was not 
authorized by common law. 



159 



VERMONT 

COUNTY AND CHANCERY COURTS. 

Appointment. The presiding judge of each county court, and the chan- 
cellor of the court of chancery in each county may each, in his discretion, 
appoint and employ a stenographic reporter, to make a verbatim report of 
the proceedings of either of said courts, at any term thereof, or in vacation; 
and of such proceedings in hearings before auditors, referees, commission- 
ers and masters in chancery, as either such presiding judge or chancellor 
may order to be reported, for the use and convenience of said courts and 
the parties having business therein. (Stats. 1906, § 1367, as amended by 
laws of 1908, p. 59.) j , 

Removal — Punishable fop Contempt. The judge or chancellor may dis- 
charge such reporter at any time, and shall have power at all times to make 
such orders against the reporter as may be necessary to compel the per- 
formance of the duties imposed upon him by the five following sections, 
and, on motion of a party aggrieved, may proceed against such reporter for 
contempt. (Id., § 1368.) 

Duties in Certain Criminal Cases. In criminal trials where the penalty 
is death or imprisonment in the state prison for ten years or more, the pre- 
siding judge may, in his discretion, procure a stenographic reporter to take 
down the proceedings, and cause all or any part of the same to be written 
out as the circumstances may require; and, in case of conviction, they shall 
be written out In full. In case of the decease of such judge, any judge of 
the supreme court may approve the account of a stenographic reporter 
ordered by such deceased judge to write out such proceedings. (Id., § 1369.) 

, Oath. Said reporter shall be sworn before entering upon his duties, 
and shall be responsible for the correctness of his reports and certified 
copies thereof made toy him or under his direction. (Id., § 1370.) 

Filing of Transcripts. Said reporter shall, within twenty days from the 
rising of the county court, file with the clerk thereof certified copies of the 
evidence and proceedings in all causes directed by the presiding judge of 
such court. Such copies shall be verbatim transcripts of the evidence and 
proceedings and be a part of the files of such court. (Id., § 1371.) 

Transcripts for Referees, Etc. Said reporter shall furnish a verbatim 
and certified transcript of the evidence and proceedings in every hearing 
reported by him, under the order of either the presiding judge or chancellor, 
to an auditor, referee, commissioner or master in chancery, within twenty 
days after the termination of such hearing. (Id., § 1372.) 

Transcripts for Parties — Compensation for. Said reporter shall, within 
twenty days from the time of receiving a request therefor, furnish a verbatim 
and certified transcript of the evidence and proceedings in every trial and 
hearing reported by him to any party in interest. If only one copy is ordered 
by all the parties, he shall receive five cents per folio for the same, but if 
more than one copy is ordered by all the parties, he shall receive five cents 
per folio for the first copy, and two and one-half cents per folio for each 
manifold copy, and in cases appealed or passing to higher courts on excep- 
tions, the appealing or excepting party shall have the first copy. When- 
ever such transcript is ordered by any party, said reporter shall notify the 
other parties thereof before he makes such transcript, and give them a reas- 
onable time to order copies thereof. (Id., § 1373, as amended by laws of 
1908, p. 62.) 

160 



STATUTES Vt. 

Transcripts as Evidence. All transcripts of evidence or proceedings in 
a cause or hearing tried in either of such courts, or before an auditor, ref- 
eree, commissioner or master in chancery, ordered to he reported by the 
presiding judge or chancellor, and made by or under the direction of said 
reporter, and duly certified by him to be a verbatim transcript of his verbatim 
stenographic notes of such evidence or proceedings, shall be received as 
evidence in any action, civil or criminal, when relevant thereto. (Id., § 1374.) 

Compensation. The presiding judge or chancellor shall audit and allow 
the accounts of said reporter, and the county clerk shall thereupon pay the 
same out of the funds in his hands provided for the payment of court ex- 
penses. (Id., §1375.) 

MUNICIPAL COURTS. 

Appointment — Compensation. Each judge shall have the same power 
as to the appointment of a stenographic reporter as is given to the presiding 
judges of the county court, and such reporter shall receive not to exceed $4 
a day and actual expenses, to be approved by the judge making the appoint- 
ment, for each day actually spent in the reporting of causes. (Laws 1915, 
No. 91, § 19.) 



161 



VIRGINIA 

There are no statutory provisions in this state in regard to oflacial court 
stenographers. 



WASHINGTON 

SUPERIOR COURTS.* 

Appointment— Qualifications— Term — Oatli — Bond. It Shall be the duty 
of each superior court judge in counties or judicial districts in the state of 
Washington having a population of over thirty thousand inhabitants to 
appoint a stenographer to be attached to the court holden by him, (except, 
for the sake of economy, where in counties or judicial districts having more 
than one judge there is not sufficient trial work to require the services of 
two or more official reporters, the judges of such courts may, provided their 
trial dockets can be satisfactorily arranged so as not to delay the trial of 
cases, appoint one official reporter jointly to act as official reporter for their 
respective courts,) who shall have had at least three years' experience as a 
skilled, practical court reporter, or who upon examination shall be able to 
report and transcribe accurately one hundred and fifty words per minute of 
the judge's charge or one hundred seventy-five words of testimony for five 
consecutive minutes; said test of efficiency in the event of inability to meet 
the qualifications as to length of time of experience, to be given by a com- 
mittee of three of the attorneys of the county or district In which the said 
stenographer is seeking to act as official reporter, and such stenographer 
shall thereupon become an officer of the court and shall be designated and 
known as the official reporter for the court or district for which he is ap- 
I)Ointed. Each official reporter so appointed shall hold office during the 
term of office of the judge appointing him, but may be removed for incom- 
petency, misconduct or neglect of duty, and before entering upon the dis- 
charge of his duties shall take an oath to perform faithfully the duties of his 
office and file a bond in the sum of two thousand dollars for the faithful 
discharge of his duties. No person shall be appointed to the office of official 
reporter who is not a citizen of and a duly qualified elector in the state of 
Washington. (Laws of 1913, Chap. 126, p. 386, et seq.; 3 Rem. & Bal. Code 
§ 42-1 et seq.) 

Duties. It shall be the duty of each official reporter appointed under 
this act to attend every term of the superior court in the county or judicial 
district for which he is appointed, at such times as the presiding judge may 
direct; and upon the trial of any cause In any court, if either party to the 
suit or action or his attorney, request the services of the official reporter, 
the presiding judge shall grant such request, or upon his own motion such 
presiding judge may order a full report of the testimony, exceptions taken, 
and all other oral proceedings; in which case the official reporter shall 
cause accurate shorthand notes of the oral testimony, exceptions taken, and 
other oral proceedings had, to be taken, except when the judge and attorneys 
dispense with his services with respect to any portion of the proceedings 

•This act, passed in 1913, was held constitutional by the Supreme Court 
in April, 1914,' in the case of State ex rel Lindsey v. Derbyshire, 79 Wash. 227, 
140 Pac' 540. 

162 



STATUTES Wash. 

therein, which notes shall be filed in the office of the clerk of the superior 
court where such trial is had. (Id.) 

Compensation. Each official reporter so appointed shall he paid a com- 
pensation at the rate of ten dollars per diem for every day he is actually in 
attendance upon said court pursuant to the direction of the court, which 
compensation shall be paid out of the county treasury where such court is 
held, as other expenses of the court are paid; and the sworn statement of 
the official reporter as to the numbei* of days attendance upon the court, 
when certified as correct by the judge presiding, shall be a sufficient vouch- 
er to the county auditor upon which he shall draw his warrant upon the 
treasurer of the county In favor of the official reporter. (Id.) 

Stenographer's Costs, Taxation of. In each civil action hereafter com- 
menced the sum of one dollar shall be paid by the plaintiff at the time of 
the filing of the complaint to the clerk of the court, and at the time of the 
appearance of the defendant, or any defendant appearing separately, there 
shall be paid in to the clerk of the court one dollar, and these sums so paid 
shall be taxed as costs in the case, and collected from the unsuccessful 
party in said action, and shall be known as stenographer's costs, and shall 
be paid by the clerk of said court into the county treasury of the county in 
which said action is commenced. (Id.) 

Transcripts, Fee for. When shorthand notes have been taken in any 
cause as in this act provided, if the court or either party to the suit or action 
or his attorney, requests a transcript of the notes into longhand, the official 
reporter shall make, or cause to be made, with reasonable diligence, full 
and accurate typewritten transcript of the testimony and other proceedings, 
which shall, when certified to, as hereinafter provided, be filed with the 
clerk of the court where such trial is had for the use of the court or parties 
to the action. The fees of the reporter for making such transcript shall be 
fifteen cents per folio of one hundred words for the original copy and five 
cents per folio for each carbon copy ordered before the original is made, 
or made at the same time as the original, and when such transcript Is 
ordered by any party to any such suit or action, said fees shall be paid forth- 
with by the party ordering the same, and in all cases where a transcript is 
made as provided for under the provisions of this act the cost thereof shall 
be taxable as costs in the case, and shall be so taxed as other costs in the 
case are taxed; provided, that when the defendant in any criminal cause 
shall present to the judge presiding satisfactory proof by affidavit or other- 
wise, that he is unable to pay for such transcript, the presiding judge, if in 
his opinion justice will thereby be promoted, may order said transcript to 
be made by the official reporter, in which case the official reporter shall be 
paid for preparing said transcript ten cents per folio for the original copy 
and five cents per folio for each carbon copy ordered at the same time as 
the original or made at the same time as the original, which transcript fee 
shall be paid in like manner as the per diem fees are paid as specified in 
§ 3 of this act. (Id.) 

Transcript Prima Facie Evidence. The report of the official reporter 
when transcribed and certified to as being a correct transcript of the sten- 
ographic notes of the testimony, or other oral proceedings had in the matter, 
shall be prima facie a correct statement of such testimony or other oral 
proceedings had, and the same may thereafter in any civil cause be read 
in evidence as competent testimony when satisfactory proof is offered to 
the judge presiding that the witness originally giving such testimony is then 
dead or without the jurisdiction of the court, subject, however, to all objec- 

163 



Wash. SHORTHAND BEPORTEES 

tions the same as though such witness were present and giving such testi- 
mony in person. (Id.) 

Transcripts When Reporter Has Ceased to be Official. When the ofil- 
cial reporter who has taken any notes in any cause shall thereafter cease 
to be such official reporter, any transcript thereafter made by him there- 
from, or made by any competent person under the direction of the court and 
duly certified to by the person making the same under oath as a full, true 
and correct transcript of said notes, the same shall have full force and 
effect the same as though certified by an official reporter of said court. (Id.) 

Reporter Pro Tern. — Qualifications — Oath — Bond — Compensation. In 

the event of the absence or inability of the official reporter to act, the pre- 
siding judge may appoint a competent stenographer to act pro tem., who 
shall perform the same duties as the official reporter, and whose report 
when certified to shall have the same legal effect as the certified report of 
the official reporter. The reporter pro tem. shall possess the qualifications 
and take the oath prescribed for the official reporter, and shall file a like 
bond," and shall receive the same compensation. (Id.) 

To Act as Annanuensis in Certain Counties — Compensation for. In all 
counties or judicial districts, except counties of the first class, such official 
reporter shall act as amanuensis to the court where he is appointed and the 
court may allow him per diem therefor, as provided in this act; provided, 
That in no event shall the per diem for such work exceed ten days in any 
one calendar month. (Id.) 

May Withdraw Files and Exhibits Upon Receipting Therefor. Official 
reporters or reporters pro tem. may, without order of court, upon giving a 
proper receipt therefor, procure at all reasonable hours from the office of 
the clerk of the court, any files or exhibits necessary for use in the prepara- 
tion of statements of fact or transcribing portions of testimony or proceed- 
ings in any cause reported by them. (Id.) 

Supplies, When Furnished. Necessary supplies for reporting and for 
the preparation of transcripts in criminal cases shall be furnished by the 
county. Typewriters and all other supplies in all other cases shall be fur- 
nished by the stenographers. In counties where arrangements can be made 
therefor, suitable office room shall be furnished the official reporter. (Id.) 

Substitution of Reporters — Expenses Paid. At the request of either 
party to an action an official reporter from the same or any other district 
in the state may be substituted for the official reporter of the court in which 
the action is being tried for the purpose of reporting the trial of said action; 
provided, that the party or parties to the action requesting such substitution 
pay or secure to be paid to the clerk of the court the necessary traveling 
and hotel expenses of the official reporters so substituted as aforesaid. (Id.) 

Exception as to Certain Counties. This act shall not apply to any coun- 
ty having a population of two hundred thousand or over. (Id.) 

Note: This exception, at present, applies only to King county (Seattle). 

Former Testimony May be Read. The testimony of any witness, de- 
ceased, or out of the state, or for any other sufficient cause unable to appear 
and testify, given in a former action or proceeding, or in a former trial of 
the same cause or proceeding, when reported by a stenographer or reduced 
to writing, and certified by the trial judge, upon three days' notice to the 
opposite party or parties, together with service of a copy of the testimony 
proposed to be used, may be given in evidence on the trial of any civil 
action or proceeding, where it is between the same parties and relates to 
the same matter. (Rem. & Bal. Code, § 1247.) 

164 



WEST VIRGINIA 

CIRCUIT COURTS. 

Appointment— Compensation. The judges of circuit courts and of courts 
of limited jurisdiction' may at their discretion employ shorthand reporters 
to report, under such regulations as the judges may prescribe, the proceed- 
ings had, and the testimony given, during the trial of any cause in said 
courts, and may allow them a reasonable compensation for their services 
and expenses. (Code, 1913, §4624; Acts 1870, c. 90; 1881, c. 94; 1887, c. 20; 
1893, c. 40.) 

Payment of Compensation. Such compensation and expenses in felony 
cases shall be paid by the auditor out of the state treasury; upon a certi- 
fied order of the judge of the court in which the service was rendered; and 
such compensation and expenses in misdemeanor cases shall be paid out 
of the county treasury of the county in which the service was rendered, 
upon a certified order of the judge presiding in the court in which the 
service was rendered; and in case of conviction in misdemeanor cases the 
compensation to such reporter shall be taxed in the costs against the de- 
fendant, and if collected repaid into the county treasury. The expenses 
of reporting any civil case shall be paid equally by the parties to the cause, 
but the expense so paid by the prevailing party shall be taxed as part of the 
costs recovered. (Id., §4625; Acts 1887, c. 20; 1893, c. 40.) 

Quaiifications — Oatli — Duties — Notes as Authority. Any shorthand re- 
porter so appointed, shall be competent in the practice of his art, and shall 
be duly qualified under oath; it shall be his duty to take full shorthand 
notes of the testimony in any case in which his services may be required, 
and such notes shall be deemed and held to be ofilcial, and the best au- 
thority in any matter of dispute, and a copy of the same made as here- 
inafter provided, shall be used by the parties to the cause in any further 
proceedings, wherein the use of the same may be required. (Id., § 4626; 
Acts 1887, c. 20.) 

Transcripts — Compensation. It shall be the duty of said shorthand re- 
porter to furnish a copy of the notes of testimony, written out in longhand, 
upon the request of the judge without extra charge, and in case either 
party to the cause shall request or require a transcript of the said notes, 
the stenographer shall furnish the same in longhand, and shall be entitled 
to be paid therefor the sum of twenty cents per each hundred words so 
transcribed. (Id., §4627; Acts 1887, c. 20.) 

Local Acts. Local acts for the following circuits have been passed: 



Circuit 


Per Diem 


Date of Act 


Code 1913 


'2, 3 and 4 


Fixed by judge 


1901, c. 27-1 


§4629 


3 


" 


1905, c. 83-1 


4630 


4* 


tt 


1915, c. 139 




7 


$7.50 and expenses 


1915, c. 121 




13 


Fixed by judge 


1915, c. 130 




19 


" 


1915, c. 114 




23 


" 


1913, c. 48 


4631-7 



♦Judge of Fourth circuit authorized to employ one stenographer to 
assist him in clerical work required by official duties, at not to exceed 
$100 per month, payable monthly by the counties of the circuit pro rata. 

DEPOSITIONS. 
IVIay be Tai<en in Shorthand. In any pending case the deposition of a 
witness, whether a party to the suit or not, may without commission, be 
taken in or out of this state by a justice or notary public, or by a commis- 
sioner in chancery, or before any oiBcer authorized to take depositions in 

165 



W. Va. SHOBTHAND EBPOBTEES 

the county or state where they may be taken; and such depositions may be 
taken in shorthand, or stenographic characters or notes, and shall be writ- 
ten out in full and transcribed into the English language by the stenogra- 
pher taking the same, and certified by the officer before whom the deposi- 
tions are taken; and if certified by such officer under his hand and if fur- 
ther certified by him that such stenographic characters and notes were 
correctly taken and accurately transcribed by him, or under his direction 
and supervision, and that the witnesses were duly sworn, such depositions 
may be received and read in evidence without proof of the signature to such 
certificate, and, without the signature of the witness to such depositions; 
and in case the stenographer taking the said depositions is not the officer 
before whom the same is being taken, then such stenographer before pro- 
ceeding to take any of said depositions, shall be sworn to take correctly 
and accurately transcribe the same, and the certificate of the officer before 
whom the depositions are taken shall state that the stenographer was so 
sworn. (Id., §4890; Acts 1909, Ch. 44.) 

PUBLIC SERVICE COMMISSION. 

Hearings Before Special Examiner. In any pending case after issue 
joined by answer or on default of answer, the Commission may appoint a 
special examiner to take the testimony of witnesses to be examined orally 
before such examiner, upon questions and answers to be there propounded 
to the witness and subject to cross examination. Objections to the evi- 
dence taken before a special examiner shall be in short form and shall not 
include argument or debate. Such testimony may be taken in shorthand 
and transcribed by any competent stenographer, duly sworn to correctly 
and truthfully take such evidence and to transcribe his notes into longhand. 
In such case the witnesses need not sign their depositions. The Commis- 
sion may require payment by the offending party of the costs of incompe- 
tent, immaterial or irrelevant depositions, or such parts of them, as may 
be just. Notice shall be given by the special examiner or the respective 
partifes, or their attorneys, to the opposite party, of the time and place of 
examination, before such special examiner, for such reasonable time as the 
Commission may fix by order in each case. (Rule 25, adopted June 17, 1913.) 

Stenographer Appointed. When deemed necessary by the Commission, 
or by any special examiner or other officer taking testimony, a stenographer 
may be appointed who shall take down the testimony in shorthand and, if 
required, transcribe the same, such stenographer having been first duly 
sworn according to law. His fee in each case shall be fixed by the Com- 
mission and taxed ultimately to costs. The expense of taking a deposition, 
or the cost of a transcript of evidence shall be advanced by the party call- 
ing the witness or ordering the transcript. (Rule 26, adopted June 17, 1913.) 



166 



WISCONSIN 

CIRCtriT COURTS. 

Appointment of Reporter and Assistants — Oaths — Duties. Every circuit 
court judge may, in his discretion, appoint a competent phonographic re- 
porter for the circuit or the branch of a circuit, as the case may be, for 
which he was elected or appointed; and when he shall deem it necessary 
he may appoint one or more competent assistant reporters. The appoint- 
ing judge or his successor may remove any such reporter or assistant re- 
porter at pleasure and appoint a successor. Every person so appointed as 
reporter or assistant reporter is an officer of the court and before entering 
upon the duties of his office shall take and subscribe the constitutional oath, 
and file the same, duly certified. In the office of the secretary of state. When 
so qualified every reporter and every assistant reporter shall be authorized 
to act in any circuit court in the state. Every reporter and every assistant 
reporter shall attend upon the terms of court in the circuit or branch for 
which he Is appointed whenever requested so to do by the circuit judge, 
and shall discharge such duties as the court or judge thereof requires. (Ch. 
113, §18, Stats. 1913; R. S. 1878, s. 2437; Ann. Stats. 1889, s. 2437; Stats. 
1898, s. 2437; 1907 c. 485; 1913, c. 592.) 

Compensation Every reporter appointed pursuant to § 113.18 shall be 
compensated for his services at the rate of two hundred dollars per month, 
payable out of the state treasury. Every reporter so appointed In a circuit 
divided into two or more branches shall be further compensated for his 
services at the rate of fifty dollars per month, payable out of the treasury 
of the county embracing such circuit. Every reporter attending a term of 
court, or attending by direction of the court the trial of a compulsory ref- 
erence, outside of the county in which he resides shall be reimbursed out of 
the state treasury his necessary traveling expenses and hotel bills. Assist- 
ant reporters shall be paid nothing out of any public treasury except for 
services performed in a county forming a part only of a circuit when two 
judges are holding court therein at the same time; and for such services 
each assistant reporter shall be compensated at the rate of ten dollars per 
day, payable out of the state treasury. For other services he shall be com- 
pensated by the reporter. Payments authorized by this section shall be 
made upon affidavit of the reporter and the certificate of the judge with 
whom the service shall have been performed, showing performance and filed, 
in case of payments to be made out of the state treasury, with the secretary 
of state, and in case of payments to be made out of any county treasury, 
with the county clerk of such county. Claims against the state arising 
under this section shall be charged to the appropriation for circuit courts. 
(Id., §19; R. S. 1878, s. 2438; 1889, c. 128; Ann. Stats. 1889, s. 2438; 1895, c. 
36; Stats. 1898, s. 2438; 1907, c. 485; 1913, c. 592; 1915, c. 240.) 

Transcripts — Compensation for — Attendance before Referee. Every 
reporter shall, upon the request of a party to any action, transcribe in long- 
hand the evidence or any other proceedings taken by him in such action 
or any part thereof so requested, duly certified by him to be correct tran- 
script thereof, for which he shall be entitled to receive from the party 
requesting the same five cents per folio when written out in full. In the 
trial of any criminal action or proceedings the court may, In its discretion, 
and, in case of commitment to any state penal or reformatory institution, 
or to a house of correction in counties having and maintaining same, shall 
order such transcript of the evidence and proceedings to be made and cer- 
tified by the reporter and filed with the clerk of the court, and a certified 

167 



Wis. SHOBTHAND BEPOBTEBS 

duplicate of such transcript to be filed with the warden or superintendent 
of the institution to which the person may be sentenced, and the cost there- 
of, not exceeding five cents per folio for the original transcript and two and 
one-half cents per folio for the duplicate, shall be certified and paid by the 
county treasurer upon the certificate of the clerk of the court. In case of 
application for a pardon or commutation of sentence said duplicate tran- 
script shall accompany the application as the minutes of testimony provided 
for in § 4858 of the statutes. In all actions in which any circuit court shall 
order a compulsory reference the court may direct the reporter thereof to 
attend the trial of such action, take the evidence and proceedings therein 
and furnish the referee or referees with a transcript thereof in longhand, 
when the court shall so order. Such reporter shall receive the same fees 
for such transcript of testimony, paid in the same manner as hereinbefore 
provided. Id., §20. (Stats. 1898, s. 2439; 1913 c. 484, 592.) 

To Take Remarks of Judge. The judge shall require the phonographic 
reporter to take down all that he may say during any trial to the jury or to 
counsel in their presence of or concerning such case. (§ 2853, St. 1913.) 

Transcripts as Evidence. A transcribed copy of the minutes of evidence 
and proceedings or of any specific part thereof on the trial of an action or 
proceeding, taken by the official phonographic reporter of the court, being 
certified by such reporter to be a true and correct transcription in longhand 
of all the testimony on the trial, or of a particular witness, or of any other 
specific part thereof, carefully compared by him with his original notes and 
to be a correct statement of the evidence and proceedings had on such 
trial so purporting to be taken and transcribed, shall be received in evidence 
with the same effect as if such reporter were present and testified to the 
facts so certified. (§ 4141, St. 1913.) 

Shall Not Take Statements Relating to Personal injuries — ^Penalty. No 
phonographic reporter for any court of record in the state of Wisconsin or 
any of his assistants shall be employed by any person or corporation to take 
the statement of any injured or other person in any way relating to the 
manner in which the person was injured or killed or the extent of personal 
injuries, and any reporter or assistant violating the provisions hereof shall 
be removed and shall not be permitted to testify in any court concerning 
any such statement taken in violation hereof. (1913 c. 688; 1913 c. 773, s. 
76; St. 1913, § 4078m.) 

DISTRICT COURT— MILWAUKEE COUNTY. 

Appointment — Oath — Duties — Transcripts and Compensation for — Sal- 
ary. The judge of said district court is hereby authorized to appoint a 
phonographic reporter for such court. The person so appointed shall be 
deemed an officer of the court, and before entering upon the duties of his 
office shall take and subscribe the constitutional oath of office and file the 
same duly certified to, in the office of the county clerk of Milwaukee county. 
Such reporter so appointed shall attend all the sessions of said district court 
and shall report all preliminary examinations held before said court; but in 
all cases of prosecutions for violations of the ordinances of the city of Mil- 
waukee, and in all prosecutions for misdemeanors, said reporter shall not 
be required to report such trial or proceeding, nor shall it be necessary for 
said judge of said court to take minutes of the evidence given before him, 
but the said district judge may, in his discretion, require said reporter to 
report and transcribe the evidence given upon any trial or proceeding, 
other than preliminary examinations, which may be had before said court 
Such reporter shall receive five cents per folio for transcripts when written 
out in full and ten cents per folio when written out in narrative form. It 

168 



STATUTES Wis. 

shall be the duty of such reporter to transcribe, as soon as may be, the 
charge of the court to the jury, in such jury cases as he shall have been 
directed to report, and the evidence taken upon preliminary examinations, 
whether the accused shall be held for trial or discharged, and file the same 
within ten days after reporting such testimony with the clerk of said court. 
For attendance upon said court and reporting, transcribing and filing testi- 
mony, duly certified to as correct, said reporter shall be entitled to receive 
as compensation such a salary and transcript fees as shall be fixed by the 
county board. Fees and salary so fixed shall be payable monthly at the 
end of each month out of the treasury of said county. Fees for transcribing 
testimony shall be paid by the county treasurer upon certificate of said 
court. (Ch. 490, Laws 1911.) 

COUNTY COURTS. 

Appointment — Duties — Transcripts. The judge of any county court may, 
whenever the occasion may require, appoint, and remove at pleasure, a 
phonographic reporter to attend upon the court and take the testimony of 
any witness or witnesses, in any contested matter, or proceeding, that may 
be pending or upon trial in such court. And, whenever he shall deem it 
necessary, such judge may require such reporter to make and file in such 
court, a correct typewritten transcript of such testimony. Every person so 
appointed shall be deemed an ofl&cer of the court, and shall discharge such 
duties as the court or judge thereof shall require, and before entering upon 
the duties of his oflBce, shall take and subscribe and file in such court the 
constitutional oath of oflice. (§ 4052 c, St. 1913.) 

Compensation. The judge of the county court shall certify to the county 
board of supervisors of his county the number of days, and the number of 
half days, of actual service performed by such reporter in the performance 
of said duties, and such reporter shall be allowed by the county board com- 
pensation for his services, not exceeding ten dollars for each day, and five 
dollars for each half day of such services actually rendered by him and as 
certified by said judge. All claims for such compensation shall be made 
out and filed, allowed and paid In the manner provided by chapter 36 of the 
statutes. (§ 4052d, St. 1913.) 

Compensation for Transcripts. Such reporter shall furnish to any party 
interested a correct typewritten transcript, or copy thereof, of the testimony 
taken by him in any matter or proceeding mentioned in § 1, upon being paid 
therefor at the rate of five cents per folio. (§ 4052e, St. 1913.) 

Exceptions. §§ 4052c, 4052d and 4052e, of the statutes shall not apply 
to, or in, any county court provided with a phonographic reporter under any 
law existing on May 4, 1903. (§ 4052f, St. 1913.) 

COUNTY COURTS— MILWAUKEE COUNTY. 

Appointment — Duties — Compensation — Transcripts. Each judge of the 
county court in counties having a population of at least two hundred and 
fifty thousand, according to the last state or United States census, is au- 
thorized to appoint for said court a shorthand reporter, whose duty it shall 
be to attend upon each term of said court when required by the judge, for 
the purpose of reporting the oral testimony of the witnesses and such other 
matter as the judge of said court may direct, the said shorthand reporter to 
be a sworn officer of the court and fully competent to discharge the duties 
thereof. He shall hold his office at the pleasure of the judge and shall re- 
ceive for his services a salary of three thousand dollars per annum, payable 
monthly at the end of each and every month out of the treasury of said coun- 

169 



Wis. SHOETHAND EEPOETEES 

ty. The county judge may, in ils discretion, order a transcript of the 
testimony of the witnesses examined in said court or any part thereof, and 
of the proceedings therein, to be made and certified hy the reporter and 
filed with the register of probate, and the cost thereof, at the rate of five 
cents per folio shall be paid by the county treasurer upon the certificate of 
the register of probate. In case any person desires a transcript in longhand 
of the evidence taken in any proceeding in said court, or any part thereof, 
said reporter shall make such transcript duly certified by him to be correct, 
and he shall be entitled to receive from the party requesting the same five 
cents per folio when written out in fujl. (Ch. 489, Laws 1909.) 

MUNICIPAL COURTS. 

Milwaukee County — Appointment — Oath — Duties — Compensation. The 
judge of said court is authorized to appoint a phonographic reporter skilled 
in the art of shorthand reporting, who shall be deemed an ofiicer of court, 
and who shall take an oath and attend upon the regular terms of said 
court, reporting all trials or proceedings when directed by the judge so to do. 
He shall receive a salary of $3,000 per annum, payable monthly out of the 
treasury of Milwaukee county; and five cents per folio for transcripts. He 
shall be furnished with all necessary stationery. He shall file a transcript 
of the charge of the court in all criminal cases as soon as may be, free of 
charge. (Laws 1907, c. 473.) 

Racine County — Appointment — Oath — Duties — Compensation. Judge 
may appoint one or more competent phonographic reporters to hold office 
during his pleasure, such reporters to be officers of court and take an oath. 
Every such reporter shall attend when required by said judge, and report 
the proceedings of trials had in said court, and perform such duties as said 
judge may require. Compensation, not to exceed $5 for each day's attend- 
ance to be paid from the county treasury; transcripts to be paid for as pro- 
vided in § 113.20 Wis. Stats. 1913. (Laws 1915, c. 193.) 

CIVIL COURTS— MILWAUKEE COUNTY. 

Clerk and Deputy Clerks. Said civil court shall have a clerk and seven 
deputy clerks . . . (Ch. 549, Laws 1909, § 11, Subd. 1.) 

Compensation. Each of said deputy clerks shall receive an annual 
salary to be paid by the county . . . and the Board of Supervisors of 
Milwaukee county shall by resolution duly passed fix the salary of the 
assistants and clerks of said court at such amount as they may determine, 
and such board may at any time by resolution increase the salary of the 
judges, clerks or assistants of said court. (Id., § 13, subd. 3.) 

Deputy Clerks to be Competent Phonographic Reporters — Fees for Tran- 
scripts. Said deputy clerks shall be competent phonographic reporters and 
shall take phonographic notes of any trial had in said court for the con- 
venience and use of said judge or judges. They shall when requested by 
said judges or either of them, transcribe such phonographic notes into long- 
hand for the use of said judges, and shall also transcribe into longhand such 
notes of the testimony or such part thereof as may be requested by any 
party to any action or proceeding or his attorney; provided, however, that 
for each copy of such testimony so furnished to any party or his attorney 
they shall charge five cents for each folio of one hundred words so tran- 
scribed . . . to be paid and belong to the phonographic reporters by 
whom . . . said transcripts shall be . . . furnished. (Ch. 747 Laws 
1913, amending Subd. 4 of § 11 of Ch. 549, Laws of 1909, as amended by Ch, 
374, Laws of 1913.) 

170 



STATUTES Wis. 

SUPERIOR COURTS. 

Fond du Lac County — Appointment — Duties — Compensation. The judge 
of said court shall appoint a phonographic reporter skilled in the art of 
shorthand reporting, who shall also act as clerk of said court, and whose 
salary shall be $75 a month. Transcript fees, five cents per folio for original 
and 2% cents for copies. (Laws 1915, c. 518.) 

FOLIO DEFINED. 

The term "folio," when used as a measure for computing fees or com- 
pensation, shall be construed to mean one hundred words, counting every 
figure necessarily used as a word. (Stats. 1913, § 2935.) 

BILLS OF EXCEPTION. 

Contents. The bill of exceptions shall Include all the testimony set 
forth by question and answer as shown by the transcript of the reporter's 
notes, unless the parties to the action stipulate otherwise. (Laws of 1907, 
Ch. 547.) 

CORONERS. 

Appointment — Transcript Fees. Any officer authorized to take Inquest 
may, upon the order of the district attorney for his county, employ a stenog- 
rapher to take and transcribe the testimony of all witnesses examined at 
any inquest held by him. Such stenographer shall receive ten cents per 
folio for all the testimony taken and transcribed by him, his account there- 
for, after being audited by the proper county board, shall be paid by the 
county treasurer. (§4872, Stats. 1913.) 

CORONER— MILWAUKEE COUNTY. 

Appointment — Duties — Compensation. The county board of any county 
having a population, as shown by the last census, of two hundred and fifty 
thousand or more, may authorize the coroner to appoint, in addition to the 
officers already provided by law, a stenographer. It shall be the duty of 
said stenographer to take and transcribe the testimony of all witnesses 
examined at any inquest held, and perform such other duties as the coroner 
may require, also to assist in the work of the district attorney's office when 
not necessarily engaged in the performance of duties for the office of county 
coroner. The salary for said stenographer shall be fixed by the county 
board of supervisors of said county and shall be paid from the treasury of 
such county at the same time the salaries of other county officers are paid. 
(§ 697-51, Stats. 1913.) 



171 



WYOMING 

DISTRICT COURTS. 

Appointment — Term. The office of official court reporter for each ju- 
dicial district in the state of Wyoming is hereby created, and the judge of 
each judicial district in the state of Wyoming is hereby required and em- 
powered to appoint one court reporter for his district, whose term of office 
shall be during the pleasure of the judge making such appointment and 
until their successor is appointed and qualified, and who shall devote their 
entire time to the performance of their duties. (Comp. Stats., 1910, § 940.) 

Qualifications — Examination — Removal. Before any person can be ap- 
pointed as official reporter of any district court in this state, he or she shall 
be a resident of said district, and shall be examined as to his or her com- 
petency, by at least three members of the bar practicing in said court, and 
such committee shall be appointed by the judge thereof, and such test of 
competency shall be as follows: Applicant shall write in the presence of 
the committee at the rate of at least one hundred and twenty words per 
minute for five consecutive minutes, from questions and answers not pre- 
viously written by him or her, and transcribe the same with accuracy. If 
the applicant passes this test satisfactorily, a majority of the committee 
shall furnish him or her with a certificate of that fact, which shall be filed 
with the records of the court. Provided, however, that said court reporter 
shall be subject to the supervision and control of the judge of the judicial 
district appointing him, and for omission or neglect of duty, misconduct or 
failure to comply with the provisions of this act, he or she may be removed 
by the judge of said judicial district, upon cause being shown therefor, by 
order of said judge, who shall have power to appoint his successor. (Id., 
§ 941.) 

Duties. Such reporter shall be in constant attendance upon the judge 
of said court at all times, and shall be the clerk and stenographer of the 
judge, and he or she shall be sworn to the faithful performance of his or 
her duty and take the oath of office required in the constitution of this 
state, and shall remain in attendance on the court, and take full stenograph- 
ic notes in cases tried during said attendance, of all testimony or admissions 
made by either side, objections to the introduction of testimony, the ruling 
of the court thereon, the exceptions taken thereto, and such other proceed- 
ings as the court may direct. He or she shall preserve and furnish a tran- 
script of said stenographic notes for all or any part thereof, to any person 
having an interest therein upon payment of the fees prescribed by law. (Id., 
§ 942.) 

Bond. Each official reporter, appointed as aforesaid, shall give a bond 
to the state of Wyoming, with sufficient sureties, to be approved by the 
judge of the district court of such district, and filed with the secretary of 
state, in the sum of one thousand dollars, conditioned for the faithful and 
efficient performance of the duties of said office. (Id., § 943.) 

Transcripts as Evidence — Certification of. Such reporter shall not have 
a seal, but all transcripts of evidence and proceedings, written out by him 
or her, and certified to by him or her as the official reporter of the court 
for which he or she is acting, shall, when there is attached thereto a cer- 
tificate of the clerk of the court that such person is the official reporter 
thereof, be received as the prima facie evidence of the facts, testimony and 
proceedings set forth in such transcript. (Id., § 944.) 

172 



STATUTES WyO. 

Stenographic Work for Judge. Each official reporter appointed under 
the provisions of this chapter, as court reporter, shall also be the stenog- 
rapher of the judge of said court and shall do and perform such stenographic 
labor for the judge of said court as of him or her may be required in his 
official capacity as judge. (Id., § 945.) 

Fees for Services, Amount of — To be Paid to State. In all criminal 
cases said official reporter shall charge, and the board of county commis- 
sioners of each county wherein such service is rendered, shall pay the sum 
of five dollars per day for and during the time such reporter may be engaged 
in the report of each and every criminal case, which fees shall be collected 
by such reporter, upon the certificate of the judge, that such services have 
been rendered; and in all civil cases such reporter shall likewise charge the 
sum of five dollars per day for reporting each case, the sum to be paid by 
the parties litigant who may desire such service, and which shall be paid in 
advance. Such reporter shall charge the sum of fifteen cents per folio of 
one hundred words for all transcripts, records, bills of exception and other 
papers required to be made and issued by him or her as such official re- 
porter, and the sum of five cents per folio of one hundred words for each 
carbon copy of the same, to be collected before the delivery of the work, 
all of which fees and earnings shall be paid into the state treasury on the 
first Monday of each month after the service has been performed, and such 
stenographer shall be liable upon his official bond for the proper collection 
and paying over of such fees. (Id., § 946.) 

Salary and Traveling Expenses. Each official district court reporter in 
this state shall be paid a salary of eighteen hundred dollars per annum, 
payable in equal monthly installments, upon the warrant of the state auditor 
upon the state treasurer, and such official reporter shall be allowed the sum 
of two hundred and fifty dollars per annum in the First judicial district; 
five hundred dollars per annum in the Second judicial district; two hundred 
and fifty dollars per annum in the Third judicial district; and five hundred 
dollars per annum in the Fourth judicial district, to pay the traveling and 
other expenses of said reporter in attending to his or her official business, 
to be paid by warrant upon the state treasurer by the auditor of said state, 
upon sworn vouchers filed with the auditor of said state. (Id., § 947.) 

Substitute. In case of sickness, or if said official reporter be unable to 
attend to his official duties from any cause at any time, the judge of the 
district court in each judicial district in this state when the trial of cases 
required to be reported necessitates It, is authorized and empowered to ob- 
tain a suitable and competent person as substitute for such official court 
reporter, during such disability; such substitute to receive the fees herein 
provided for in full compensation for such services. And in all cases where 
any signature of the official court reporter is required, the same, during the 
absence or any such disability of the official court reporter, shall be signed 
by the person substituted therefor as acting official court reporter, and in 
such cases the same shall have the same legal force and effect as if signed 
by the official court reporter. (Id., § 948.) 



173 



APPENDIX 

CHARTERED STENOGRAPHIC REPORTERS' ACT OF ONTARIO, CANADA. 

His Majesty, by and with the advice and consent of the Legislative As- 
sembly of the Province of Ontario, enacts as follows: 

1. This Act may be cited as The Stenographic Reporters' Act. 

2. In this Act, "The Association" shall mean The Chartered Steno- 
graphic Reporters' Association of Ontario. 

3. The Association is hereby continued. 

4. The Association may purchase, take and possess for the purposes 
of the Association, but for no other purpose, and after acquiring the same 
may sell, mortgage, lease or dispose of any real estate the annual value of 
which shall not at any time exceed $5,000. 

5. Subject to the provisions of this Act and to the by-laws of the As- 
sociation the Association shall consist of its present members and all per- 
sons who shall cause their names to be registered under the provisions of 
this Act. 

6. (1) The Association shall have power to promote and increase by 
all lawful ways and means the knowledge, skill and proficiency of its mem- 
bers in all things relating to the business or calling of a stenographer, and 
to that end to establish classes, lectures and examinations and prescribe 
such tests of competence, fitness and moral character as may be thought 
expedient to qualify for admission to membership, to grant diplomas and 
certificates of efficiency, and to authorize its members to use the distin- 
guishing title "Chartered Stenographic Reporter" or the letters "C. S. R." 

(2) The Association may also prescribe for students of stenog- 
raphy, who desire to become members of the Association, such examina- 
tions and may grant to them such certificates of competency as it sees fit, 
and may organize the students into a society in affiliation with itself for 
study and mutual improvement. 

7. (1) The Association, in general or special meeting assembled after 
due notice, may pass by-laws for carrying out its objects. 

- (2). Unless otherwise provided by the by-laws no new by-law 
shall be passed, nor shall any by-law be altered or repealed, except by a 
two-thirds vote of the members present at a meeting of the Association, 
and only after at least two weeks' notice in writing of the proposed altera- 
tion or repeal shall have been given or mailed to each member. 

8. (1) The affairs, business and concerns of the Association shall be 
managed by a Council composed of nine persons who shall be British sub- 
jects, who have resided and practiced the profession of stenography within 
Ontario for at least five years. 

(2) The members of the Council shall be elected by voting papers 
in the manner provided for by the by-laws, at the annual meeting or at a 
special meeting called for that purpose, and the members obtaining the 
greatest number of votes shall be declared elected. 

(3) No person shall be eligible for election to the Council or quali- 
fied to fill any vacancy therein or to vote for any member thereof unless 
duly qualified under the provisions of this Act and the by-laws of the As- 
sociation. 

(4) The members of the Council now in office shall respectively 
hold office for the remainder of the term for which they were elected and 
until their successors are chosen. 

174 



c. s. B. ACT Canada 

(5) Subsequently elected members shall hold office for three years 
from the time of their election and until their successors are chosen. 

(6) A member chosen to fill a vacancy shall hold office for the 
residue of the term for which his predecessor was elected or appointed. 

(7) Five members of the Council shall form a quorum. 

9. (1) At the close of the annual meeting the Council shall meet and 
choose from among themselves a President, a Vice-President, a Secretary, 
a Treasurer and such other officers as may be provided for by the by-laws. 

(2) In the event of the office of President becoming vacant the 
Vice-President shall become President for the remainder of the term. 

(3) All other vacancies among the officers or the members of the 
Council shall be filled by the Council. 

(4) The Council may remove any officer for misconduct or other 
sufficient cause, and may appoint his successor for the remainder of the 
term. 

10. (1) The Council may, by a vote of two-thirds of all the members 
thereof, admit to membership in the Association, without examination, a 
stenographic reporter who by reason of his professional reputation and 
standing is deemed qualified for membership. 

(2) The Council may also, by a two-thirds vote of all its mem- 
bers, admit as honorary members of the Association such persons resident 
in Ontario or elsewhere as they may deem deserving. 

(3) An honorary member shall not be entitled to vote at an elec- 
tion or at a meeting of the Association or to be elected a member of the 
Council. 

11. The annual meeting of the members of the Association for the 
election of the Council, and for such other business as may be brought be- 
fore such meeting, shall be held at such time and place and under such 
regulations and after such notices as the by-laws of the Association shall 
prescribe. 

12. (1) The Council shall cause to be kept by the Secretary a register 
in which shall be entered in alphabetical order the names of all members 
in good standing, and those members only whose names are entered in the 
register shall be entitled to the privileges of membership, and the register 
shall at. all times be open to inspection by any person free of charge. 

(2) The register, or a copy of it certified by the Secretary, shall 
be prima facie evidence that the persons therein named are members of 
the Association in good standing. 

13. The Association may limit the term of all diplomas and certificates 
granted to it to one year from the date of granting the same, and may with- 
hold the granting or renewal of the same, together with all the other privi- 
leges of membership, from any person who neglects to pay the prescribed 
fees when they are due and so long as they remain unpaid. 

14. (1) The Council may fix an entrance and an annual fee to be paid 
by all members to the Association, and may vary the amount from time to 
time; and no member shall be personally liable for any debt of the Asso- 
ciation beyond the amount of his unpaid fees. 

(2) The Council may also prescribe examination fees to be paid 
by applicants for examination. 

15. (1) No person shall be entitled to take or use the title of "Char- 
tered Stenographic Reporter," or the letters "C. S. R.," either alone or in 

175 



Canada shoethand kepoktees 

combination with any other words, or any name, title or description imply- 
ing that he is a member of the Association, unless he Is a member in good 
standing. 

(2) Every person who uses such title or such letters contrary to 
the provisions of this section shall incur a penalty not exceeding $25 for 
the first offense and not exceeding $100 for each subsequent offense recov- 
erable under The Ontario Summary Convictions Act. 

16. The Association may byj)y-law provide for the suspension or ex- 
pulsion, after due inquiry, of any member for misconduct or violation of 
the by-laws of the Association. 

17. (1) All fees payable under this Act may be recovered as debts 
due to the Association. 

(2) Penalties recovered under the authority of this Act shall be 
paid immediately on the recovery thereof by the convicting justice to the 
Treasurer of the Association. 

(3) The Council may allot such portion of a penalty as may be 
deemed expedient to the prosecutor or complainant. 

18. If a person ceases to be a member of the Association he shall not, 
nor shall his representatives, have any interest in or claim against the 
funds or property of the Association. (R. S. Ontario, 1914, C. 168.) 



176 



PART II— DECISIONS 

1— STATUS. 

lA Stenographers. 

IB Notes, Transcript, etc. 

1A Stenographers. 

Stenography is an art — shorthand writing, the use of abbreviations or 
characters for whole words. 

(La.) Llchtentag v. Tax Collector (1894), 46 La. Ann. 572, IB So. 
193. 

From the Greek derivation of the term "stenography," It means to write 
in narrow compass. 

(W. Va.) Cummings v. Armstrong (1890), 34 W. Va. 1, 11 S. E. 742. 

A stenographer is one who writes by using characters or abbreviation* 
for words. 

(Neb.) In re Appropriation for Deputies (1889), 25 Neb. 662, 41 N. 
"W. 643. 

A court stenographer is a person who officially takes down in short- 
hand the testimony, rulings and charge of the court at the trial of a case. 
Anderson's Law Dictionary. 

A Stenographer is not within the common law definition of "clerk." 

(Neb.) In re Appropriation for Deputies (1889), 25 Neb. 662, 41 N. 
W. 643. 

A stenographer when appointed and qualified is an officer of the court 
appointing him. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 

(Idaho) Raft River Land etc. Co. v. Langford (1898), 6 Idaho 30, 
51 Pac. 1027. 

(Iowa) Burnett v. Loughridge (1893), 87 Iowa 324, 54 N. W. 238. 
Manatt v. Scott (1898), 106 Iowa 203, 76 N. W. 717. 

(La.) State v. Clerk (1895), 47 La. Ann. 858, 17 So. 48. 

(Mo.) State ex rel Martin v. WofEord (1894), 121 Mo. 61, 25 S. "W. 
851; State ex rel v. Hitchcock (1913), 171 Mo. App. 109, 153 S. "W. 546. 

(N. T.) Varnum v. Wheeler (1886), 9 Civ. Pro. (N. T.) 421. 

(Or.) Tallmadge v. Hooper (1900), 37 Or. 503, 61 Pac. 349. 

(Pa.) Chase v. Vandergrift (1878), 88 Pa. 217; Rosenthal v. Ehr- 
llcher (1893), 154 Pa. 396, 26 Atl. 435; Commonwealth ex rel v. Arnold 
(1894), 161 Pa. 320, 29 Atl. 270. 

(W. Va.) Cummings v. Armstrong (1890), 34 W. Va. 1, 11 S. B. 742. 

(Wyo.) Richardson y. State (1907), 15 "Wyo. 465, 89 Pac. 1027, 12 
A. & E. Cas. 1048. 

Upon a reference of a case, a stenographer does not hold an official 
position. 

(N. T.) Coale v. Suckert (1896), 18 Misc. 76; 75 N. T. S. R. 973, 41 
N. T. S. 583. 

Official stenographers are ministerial officers of the court and are not 
county officers. 

(Cal.) Ex parte Reis (1883), 64 Cal. 233, 30 Pac. 806; Stevens v. 
Truman (1899), 127 Cal. 155, 59 Pac. 397. 

The court stenographer of a judicial district does not hold a "confiden- 
tial position" within the civil service law; the stenographer being only 

177 



lA SHOETHAND KEPOETEKS 

required to attend the terms of court, make stenographic record of all pro- 
ceedings in court, preserve the minutes, supply copies to the court, attor- 
neys and the parties, and owing no duty of a confidential nature.-to the pre- 
siding justice holding trial terms away from the county of his residence. 

(N. T.) People ex rel v. Milliken (1911), 72 Misc. 430, 130 N. T. S. 1. 

If a court in certifying to a bill of exceptions, recognizes the person who 
took the evidence as the official stenographer, such person becomes the 
stenographer and was a de facto officer of the court. 

(Iowa) Btter v. O'Neil (1891), 83 Iowa 655, 49 N. W. 1013; Meader 
V. Allen (1900), 110 Iowa 588, 81 N. W. 799. 

The office of stenographer may be abolished or modified by the legisla- 
ture. Therefore, a stenographer appointed for a circuit court cannot com- 
plain if the circuit is divided into two circuits and another stenographer ap- 
pointed for one of them. 

(Mo.) state ex rel v. Ford (1890), 41 Mo. App. 122. 

If the statute fixing the duration of official tenure is ambiguous, that 
interpretation is followed which limits the term to the shortest time. A 
statute declaring that the stenographer of the circuit court "shall hold his 
office during the term of the judge appointing him," is uncertain, indefinite 
and ambiguous. And under such statute (Rev. Stat. 1909, §11244) where a 
judge resigns without filling his full term, the stenographer's term of office 
terminates, and the judge elected to fill the vacancy may appoint a new 
stenographer. 

(Mo.) state ex Inf. Major v. McKay (1913), 249 Mo. 249, 155 S. W. 
396. 

1B Notes, Transcript, etc. 

A transcript is a translation into English of testimony taken In short- 
hand. 

(La.) Nichols v. Harris (1880), 32 La. Ann. 646. 

Testimony cannot be said to be taken down until it has been transcribed 
Into language which can be read by those whose duty it is to record it. 
(Ga.) Henderson v. Parry (1893), 93 Ga. 255, 20 S. E. 107. 

The giving of a partly written and partly oral charge to the jury Is 
error where written instructions have been requested; and the fact that a 
stenographer present in court took down the charge as given by the judge 
Is not a sufficient compliance with the requirements of the statute in that 
respect. 

(Wash.) state v. Miles (1896), 15 Wash. 534, 46 Pac. 1047. 
See cases cited under 13A of this Digest. 

A transcript Is a memorial of the evidence and the rulings and charge 
of the court. 

(Miss.) Sanders v. State (1897), 74 Miss. 531, 21 So. 299. 

Under § 4442 the "phonographic report of the testimony on file" means 
the stenographic report or shorthand notes of the stenographer, and not 
the transcript of the testimony. 

(Idaho) Kelley v. Clark (1912), 21 Idaho 231, 121 Pac. 95. 

The stenographic notes are the original notes of the testimony In a 
case, and a translation thereof is only a copy to be used because the short- 
hand notes cannot be read by all persons. 

(Iowa) Lowe v. Lowe (1875), 40 Iowa 220. 

Where the certificates of the judge and the reporter attached to the 
shorthand notes were also written in shorthand, held that shorthand char- 

178 



STATUS IB 

acters are not "writing" within the meaning of a statute providing for cer- 
tification of the record, as such certificates are insufacient as a means of 
Identification to tha ordinary person. 

(Iowa) Howerton v. Augustine (1911), 153 Iowa 17, 132 N. W. 814. 

The characters used In stenography cannot be said to be in the English 
language. 

(Ind.) Merrick v. State (1878), 63 Ind. 327. 

Stenographic notes are in writing, although not transcribed. 
(La.) Nichols v. Harris (1880), 32 La. Ann. 646. 

Where the state furnishes the county attorney with a stenographer who 
takes the evidence given at a preliminary examination for and under the 
direction of the county attorney, and afterwards transcribes the same for 
the county attorney, who uses it in the examination of witnesses on the 
trial of the same case in the District Court, such transcript is not a public 
document, but is the private property of the county attorney, and the attor- 
ney for the defendant has no legal right to the possession or use thereof. 
(Kan.) State v. Laird (1908), 79 Kan. 681, 100 Pac. 637. 

A phonographic report of testimony taken on a trial and having no 
Intrinsic value except for such report, may be the subject of larceny as per- 
sonal property. Such report having no market value, its value to the per- 
son who can use the testimony is the proper standard of value. 

(Utah) People v. McGrath (1888), 5 Utah 525, 17 Pac. 116. 

Where one party In a civil case had procured a transcript of the testi- 
mony on the former trial, for use in preparing for the second trial, at the 
party's own expense, it was the private memorandum of such party and he 
should not be required to deliver It to the adverse party, unless it was used 
in evidence by the party holding it, or witnesses were examined in relation 
thereto, or in some manner it became a document present in the court 
room which it was proper for the adverse party to have to introduce in 
evidence. 

(Ga.) Atlantic & B. R. Co. v. Sumner (1910), 134 Ga. 673, 68 S. E. 
593. 

The Kentucky statute providing In substance that a deposition must 
be written and subscribed by the witness in the officer's presence, or writ- 
ten by the officer in the witness' presence, etc., does not require the officer 
to do the manual labor of writing the deposition, but permits the use of a 
clerk or stenographer in taking down and transcribing the answers of the 
witness. 

(Ky.) W. U. Tel. Co. v. Corso (1905), 121 Ky. 322, 89 S. W. 212, 11 
Am. & Eng-. Ann. Cas. 1065. 

See Note, "Persons Who May Write Depositions," 11 A. & B. Ann. 
Cas. 1065. 

Under act 1904, p. 298, c. 121, providing for fees of ten cents per folio 
for copying a pleading or other paper, held, that a notary in transcribing his 
shorthand notes of a deposition copied "a record or other paper" within the 
meaning of the act. 

(Ky.) Reuscher v. Attorney General (1906), 30 Ky. Law Rep. 109, 
97 S. W. 397. 



179 



2— CONSTITUTIONALITY OP STATUTES. 

A Statutes held Constitutional. 
B Statutes held Unconstitutional. 

2A Statutes Held Constitutional. 

The constitution of 111. provides that all laws relating to' courts of the 
same class or grade shall be general and of uniform operation, and that the 
organization, practice, etc. of courts of the same class or grade, so far as 
regulated by law, shall be uniform. Laws of 1887, p. 150, authorized judges 
of the circuit court to appoint official stenographers for their respective 
courts, and prescribed their duties, compensation, etc. Held, that the act 
was constitutional, as it did not confer upon judges of the circuit courts 
judicial powers not granted to other courts of the same class, as the taking 
of stenographic notes was not a part of the proceedings or practice of the 
courts; and that as the superior court of Cook county is of the same class 
as a circuit court, that the act applied to the superior court. 

(111.) People ex rel v. Raymond (1900), 186 111. 407, 57 N. E. 1066. 

The fact that a statute does not provide that stenographers' fees for 
bills of exceptions ordered by defendants in criminal cases shall be paid by 
the county treasurer, does not deprive defendant of a constitutional right. 
(Ohio) Carr v. Summit County (1902), 24 Ohio C. C. 161. 

On the retrial of a criminal case a transcript of the testimony of a 
witness on the first trial who is beyond the jurisdiction of the court may 
be read without violating the constitutional right of the defendant to be 
confronted with the witnesses against -him. 

(Iowa) state v. Kimes (1911), 152 Iowa 240, 132 N. W. 180; State 
V. Brown (1911), 152 Iowa 427, 132 N. W. 682; State v. Conklin (1911), 
153 Iowa 216, 133 N. W. 119. 

The legislature may place upon a county the burden of paying for 
typewritten copies of stenographic reports of trials furnished to the parties 
or their counsel in private litigation. Such a law is not unconstitutional, 
since the public has an interest in the prompt, efficient and certain adminis- 
tration of justice. 

(Pa.) Cllft V. Philadelphia (1909), 41 Pa. Super. Ct. 638. 

Under a state constitution authorizing municipal charters to provide 
for the constitution and jurisdiction of police courts and for the appoint- 
ment and compensation of the attaches of the judges, a city may provide 
for the appointment and compensation of stenographic reporters. 

(Cal.) Elder v. McDougald (1904), 145 Cal. 740, 79 Pac. 429. 

A stenographer appointed under the act of 1903 providing for the ap- 
pointment of official stenographers of the district courts, which provides that 
the stenographers shall be sworn officers of the court and shall hold office 
during the pleasure of the court, is not an office within the meaning of the 
constitution which provides that the duration of offices not provided for in 
the constitution shall not exceed two years. 

(Tex.) Robertson v. Ellis County (1905), 38 Tex. Civ. App. 146, 84 
S. W. 1097. 

The act of March 21, 1885, in regard to the appointment and compensa- 
tion of official stenographers is not unconstitutional as violating the rule 
of uniformity in county governments, nor as imposing upon the people a 
new set of officials. 

(Cal.) Smith v. Strother (1886), 68 Cal. 194, 18 Pac. 852. 

Laws of 1913, c. 126, entitled "An act providing for the appointment of 
official court reporters, etc.," requiring the parties to a civil action to pay 

180 



CONSTITUTIONAilTY OF STATUTES 2A 

the sum of one dollar as stenographer's costs, and relating to the perpetua- 
tion ol testimony, held, constitutional. 

(Wash.) State ex rel v. Derbyshire (1914), 79 Wash. 227, 140 Pac. 
540. 

Acts 32 Leg., c. 119, providing for the appointment of stenographers, 
prescribing their qualifications and duties, and prescribing the time and 
method of making up and filing statements of facts and bills of exceptions, 
held not unconstitutional because containing more than one subject. 

(Tex.) Gibson v. Singer Sewing Mach. Co. (1912), 145 S. W. (Tex. 
Civ. App.) 633. 

Neither § 10, nor 13, of Art. 10 of the constitution, containing the pro- 
vision that every person who is elected or appointed to any office in the 
state, who shall be paid in whole or in part by fees, shall be required by law 
to make a semi-annual report under oath to some office to be designated by 
law, of all his fees and emoluments, refers to an office created by the 
legislature. 

(111.) State ex rel v. Chetlain (1905), 219 111. 248, 76 N. E. 364. 

A certified copy of the testimony of a witness as taken by the official 
stenographer, is competent, and is not in contravention of the constitution. 
(Me.) state v. Frederic (1879), 69 Maine 400. 

A Statute allowing the judge of each judicial district court to appoint 
an official stenographer to hold office during the pleasure of the judge is 
not unconstitutional. 

(Idaho) Gilbert v. Moody (1891), 3 Idaho 3, 25 Pac. 1092. 

A court in fixing the compensation of its own reporter is not fixing the 
salary of a county officer, but is adjusting the compensation for services of 
a ministerial officer of the court, and in so doing acts In a judicial capacity, 
and not in a legislative capacity. 

(Cal.) Stevens v. Truman (1899), 127 Cal. 155, 59 Pac. 397. 

The charter of a city may prescribe the duties and fix the compensation 
of reporters in police courts, in reference to preliminary examinations, differ- 
ent from the duties and compensation prescribed by the general law of the 
state. 

(Cal.) Trefts v. McDougald (1911), 15 Cal. App. 584, 115 Pac. 655. 

The legislature has the constitutional authority to require the salary of 
the stenographic reporter of a state court in cities of 100,000 inhabitants to 
be paid out of the city treasury, and such requirement is not in violation of 
the charter rights of such city. It is not for the courts to say that a part 
of the burden of such salary should be paid out of the county treasury. 
(Mo.) Young V. Kansas City (1899), 152 Mo. 661, 54 S. W. 535. 

The provision of Laws 1913, p. 386, authorizing appointment of court 
stenographers, that the act shall not apply to any county having a popula- 
tion of 200,000 or over, held, valid. 

(Wash.) State v. Prater (1915), 147 Pac. 25. 

Acts 32d Leg., c. 119, providing for the appointment of official stenog- 
raphers for district and county courts, held constitutional. 

(Tex.) Rice v. Roberts (1915), 177 S. W. (Civ. App.) 149. 

2B Statutes Held Unconstitutional. 

A judge has no right to delegate to the stenographer the power of 
authentication, and a statute permitting such delegation is unconstitutional. 
(Pa.) Connell v. O'Neil (1893), 154 Pa. 582, 26 Atl. 607. 

181 



2B SHOETHAND BEPOETEES 

A Statute -which requires a judge to certify that a transcript of the 
evidence certified to by the official reporter, is correct, is unconstitutional. 

(Ind.) Adams v. State (1901), 156 Ind. 596, 59 N. B. 24; Ladd v. 
Kuhn (1901), 27 Ind. App. 535, 61 N. E. 747; Oster v. Broe (1902), 161 
Ind. 113, 64 N. E. 918; Crane v. Osborn (1903), 30 Ind. App. 640, 66 N. 
E. 772. 

An act which provides for the fixing of a stenographer's salary by a 
judge by an order entered on the books of the court, and which provides for 
the payment of the salary of a stenographer out of the county treasury in 
the same manner as the salary of other county officers, is unconstitutional, 
as it imposes legislative functions upon the judiciary. 

(Cal.) Smith v. Strother (1886), 68 Cal. 194, 18 Pac. 852. 

An act which imposes upon a judge of a court the power to fix a monthly 
salary of the official reporter for future services to be rendered, is uncon- 
stitutional. 

(Cal.) Smith v. Strother (1886), 68 Cal. 194, 18 Pac. 852; Stevens 
V. Truman (1899), 127 Cal. 155, 59 Pac. 397. 

The legislature has no power to classify counties, except for the pur- 
pose of regulating the compensation of county officers, among which the 
official reporters of the superior court are not included, and its action In 
fixing the salary of official reporters in counties of the 30th class is uncon- 
stitutional and void. 

(Cal.) Pratt v. Browne (1902), 135 Cal. 649, 67 Pac. 1082. 

The effect of the classification of counties of one class in fixing the 
salaries of official reporters Is the same as if each county of that class were 
mentioned by name, and not being founded on any natural or intrinsic or 
constitutional distinction, the legislation is special and local, and violates 
the constitution. 

(Cal.) Pratt v. Browne (1902), 135 Cal. 649, 67 Pac. 1082. 

Stat. 1911, p. 1165, authorizing the judge of the superior court of the 
27th class to appoint a stenographer, etc., there being but one county in 
such class, held unconstitutional. 

(Cal.) Payne v. Murphy (1912), 18 Cal. App, 446, 123 Pac. 350. 



182 



3— APPOINTMENT AND QUALIFICATIONS. 

A Who may be appointed. 

B Power to appoint, in general. 

C Power of Admiralty Courts to Appoint. 

D Appointment in criminal cases. 

E Review of action of judge refusing to appoint. 

F Stenographers before grand jury. 

G Necessity for oath. 

3A Who May Be Appointed. 

Where a stenographer is selected to report the proceedings of the grand 
jury under the provisions of Penal Code, § 925, it Is not essential that the 
one selected be an official reporter of the superior court, and §§ 270 and 271 
of the Code of Civ. Proc. have no application. 

(Cal.) People v. Delhantie (1912), 163 Cal. 461, 125 Pao. 1066. 

A member of a grand jury may act as its stenographer and receive 
extra compensation for such service from the county. 

(Mich.) People v. Lander (1890), 82 Mich. 109, 46 N. W. 956. 

A reporter appointed by a magistrate to report a preliminary examina- 
tion under a statute requiring a "competent" reporter, need not possess the 
qualiflcations prescribed for reporters of superior courts; and objection to 
the competency of a reporter at a preliminary examination is waived if not 
made at the time of such examination, if defendant was there represented 
by an attorney. 

(Cal.) People v. Mclntyre (1900), 127 Cal. 423, 59 Pac. 779. 

3B Power to Appoint, in General. 

A court has no power to employ a stenographer at the expense of the 
government unless authorized by statute so to do. 

(U. S.) Bridges v. Sheldon (1880), 18 Blatch. (TJ. S. C. C.) 507, 7 
Fed. 17. 

Courts are in the habit of employing a stenographer to take down the 
testimony when allowed by statute, as experience has shown that it facil- 
itates the conducting of trials. 

(111.) Chicago & Alton R. R. Co. v. Robinson (1884), 16 111. App. 
229 

(Kan.) Wright v. Wright (1897), 58 Kan. 525, 50 Pac. 444. 
(Pa.) Harris v. Philadelphia Traction Co. (1897), 180 Pa. 184, 86- 
Atl. 727. 

Under the statute authorizing the appointment of a stenographer on 
the trial of causes in court, a stenographer cannot be appointed upon a ref- 
erence before a commissioner. 

(W. Va.) Weigand v. Alliance Supply Co. (1898), 44 W. Va. 133, 
28 S. E. 803. 

Under Stat. 331, subs. 17, authorizing the county court of certain coun- 
ties to appoint a stenographer, and providing for his compensation, a county 
court within this act may appoint a stenographer and fix her salary. 

(Ky.) Woodruff v. Goldbach (1913), 153 Ky. 411, 156 S. W. 115. 

Under Stat. 331, subs. 17, the fiscal court has no power to appoint a 
stenographer for the county court. 

(Ky.) Woodruff v. Goldbach (1913), 153 Ky. 411, 156 S. W. 115. 

A master cannot appoint a stenographer. 

(N. Mex.) Givens v. Veeder (1898), 9 N. Mex. 406, 54 Pao. 879. 

183 



3B SHORTHAND REPORTERS 

Under the provisions of the Sundry Civil Appropriation hills of 1894 
and 1895 (27 St. 609, 28 St. 417) the attorney general has power to authorize 
the employment by the district attorney of a stenographer to assist in pre- 
paring indictments. 

(U. S.) United States v. Denison (1897), 25 C. C. A. 496, 80 Fed. 
370. 

A coroner may appoint a stenographer. 

(N. Y.) Baker v. N. T. (1897), 17 App. Div. 435, 45 N. T. S. 164. 

A common council may by resolution authorize the employment of a 
stenographer. 

(N. J.) Salmon-v. Haynes (1887), 50 N. J. Law 97, 11 Atl. 151. 

The power of a common council under a city charter to investigate the 
management of a city oflSce implies the power to employ, in accordance 
with the city charter, a stenographer to report the same. 

(N. T.) O'Brien v. City of Niagara Falls (1909), 65 Misc. 92, 119 
N. T. S. 497. 

A private stenographer may he employed by either party to an action 
to assist him during the trial of a case. 

(kan.) State v. Dreany (1902), 65 Kan. 292, 69 Pac. 182. 

One party cannot employ a stenographer at the expense of another by 
having the expense treated as costs to be taxed in the case. 

(N. M.) Givens v. Veeder (1898), 9 N. Mex. 405, 54 Pac. 879. 

A Stenographer sworn to take the testimony in a cause in the county 
court, but not in the manner prescribed by statute for an official court 
reporter, which is more enlarged and broader in scope than the oath admin- 
istered, is not an official court stenographer within the meaning of the 
statutes relating to official court stenographers. 

(Tex.) Security Trust & Life Ins. Co. v. Stuart (1913), 160 S. W. 
(Tex. Civ. App.) 108. 

If a stenographer is appointed for a limited time and the judge appoint- 
ing him is ill and cannot appoint a regular stenographer at the expiration 
of such time, such fact does not extend the temporary appointment, and 
services rendered by the temporary appointee after his term has expired, 
will be deemed voluntary, and he cannot recover payment for such services. 
(N. T.) Matter of O'Sullivan (1900), 54 App. Div. 374, 66 N. T. S. 
611. 

The appointment of an official stenographer may be made by- the sev- 
eral judges of the circuit courts for their respective courts. The death of 
the judge who appointed the official stenographer does not ipso facto ter- 
minate his appointment. 

(111.) People V. Kelly (1907), 134 111. App. 642. 
See note under "Alaska," Part I of this Digest. 

The appointment of a stenographer should be made a matter of record, 
as it is an act of the court. 

(Pa.) Rosenthal v. Bhrlicher (1893), 154 Pa. 396, 26 Atl. 435. 

3C Power of Admiralty Courts to Appoint. 

When a case is tried in admiralty, the testimony should be taken down 
in full for use in the appellate court in case of appeal, and if there is no 
official stenographer, one should be procured by counsel with the permission 
of the court. 

(U. S.) Neilson v. Coal, Cement & Supply Co. (1903), 60 C. C. A. 
175, 122 Fed. 617. 

An admiralty court may authorize the employment of a stenographer 
to take testimony before a commissioner on a reference, and may tax his 

184 



APPOINTMENT AND QUALIFICATIONS 30 

fees as costs, and the court will do so if the parties refuse to stipulate there- 
to, and the court believes the services of the stenographer are necessary, as 
for instance in a case which involves a large number of disputed items of 
account. 

(U. S.) Rogers v. Brown (1905), 136 Fed. (U. S. D. C.) 813. 

3D Appointment in Criminal Oases. 

It is not error in the absence of statute for a court to refuse to appoint 
a stenographer in a criminal case, although there is one present and the 
defendant offers to pay his fees. 

(Tex.) Schoenfeldt v. State (1892), 30 Tex. App. 695, IS S. W. 640. 

It is discretionary with the court whether the official stenographer 
shall attend a trial in the St. Louis criminal court. 

(Mo.) State v. Pagels (1887), 92 Mo. 300, i S. "W. 931. 

The provisions of the Iowa code of 1888 to the effect that the judge 
shall not direct the testimony to be taken by an official reporter, unless he 
believes the interests of the state or defendant require it, applies to all 
criminal cases. 

(Iowa) State v. Frost (1895), 95 Iowa 448, 64 N. W. 401. 

The trial court in the absence of statute has a discretion to refuse to 
appoint a stenographer in a criminal case. 

(Neb.) Preuit v. People (1877), 5 Neb. 377. 

A person accused of a felony is entitled to the services of a stenographer 
to assist in the preparation of his defense, if he desires one. 

(Kan.) State v. Dreany (1902), 65 Kan. 292, 69 Pac. 182. 

Under the laws of 1871, the criminal court of Jackson county was estab- 
lished with jurisdiction in cases of felony, and it was required to hold three 
terms a year in Kansas City, and two terms in Independence. By the revised 
statutes of 1889 stenographers are to be appointed for courts having juris- 
diction in cases of felony, in a city of over 100,000 inhabitants. Held, that 
when the criminal court of Jackson county was held in Kansas City, which 
had over 100,000 inhabitants, a stenographer should be allowed. 

(Mo.) State ex rel Martin v. Wofford (1894), 121 Mo. 61, 25 S. W. 
851. 

Under the laws of 1871 the criminal court of Jackson county was estab- 
lished with jurisdiction in cases of felony, and it was required to hold three 
terms a year in Kansas City, and two terms in Independence. By the 
revised statutes of 1889 stenographers are to be appointed for courts having 
jurisdiction in cases of felony, in a city of over 100,000 inhabitants. HeH, 
that a stenographer could not be appointed to the criminal court of Jackson 
county for a term held at Independence, as that city did not have a popula- 
tion of over 100,000. 

(Mo.) State ex rel v. Murphy (1894), 125 Mo. 464, 28 S. W. 767. 

Under Comp. Laws, 1907, § 4670, the appointment of a stenographer at 
a preliminary hearing was held suflBcient where the stenographer was sworn 
and acted with the apparent consent of all parties, although no formal 
appointment appeared. 

(Utah) State v. Gustaldl (1912), 41 Utah 63, 123 Pac. 897. 

3E Review of Action of Judge Refusing to Appoint. 

The Supreme Court cannot review on appeal the discretion of the trial 
court as to the attendance of the official stenographer upon the trial of a 
criminal case in the St. Louis criminal court. 

(Mo.) State v. Pagels (1887), 92 Mo. 300, 4 S. W. 931. 

185 



3E SHORTHAND KEPOKTEKS 

The refusal of the court in a criminal case to appoint a stenographer, 
while the regular stenographer is absent, is not error where a hill of excep- 
tions which was prepared by the accused Is approved by the judge, and 
counsel for both sides agree upon a statement of facts, and defendant is not 
shown to have been injured. 

(Tex.) Andrews v. State (1903), 76 S. W. (Tex. Cr. Rep.) 918. 

Where the statute provided for court stenographers, but one was not 
appointed for a certain circuit because one fitted for the position could not 
be had at the statutory compensation, the court was not called upon to delay 
or stop proceedings in a homicide case to obtain a stenographer. 
(Ala.) Mason v. State (1910), 168 Ala. 48, 53 So. 153. 

A case wUl not be reversed because the court refused to delay a trial 
until a stenographer could be obtained, unless such refusal causes a hard- 
ship to the party requesting the stenographer or such party is prejudiced. 

(Neb.) Home Fire Ins. Co. v. Johnson (1894), 43 Neb. 71, 61 N. 
W. 84. 

Although the statute provides that a court shall on the application of 
either party appoint a stenographer, a refusal to make such appointment 
would not be reversible error, unless the complaining party was injured 
thereby. A court is not required to appoint a stenographer when a com- 
petent person cannot be had, or the trial will be unreasonably delayed to 
obtain such person. 

(Tex.) Hines v. Holland (1886), 3 Willson Civ. Cas., Tex. Ct. App., 
5 99. 

Appointment of a shorthand reporter under Act No. 141 of 1914 is not a 
ministerial duty of a district judge, where he believes the act unconstitu- 
tional. 

(La.) Rapier v. Guedry (1915), 136 La. 443, 67 So. 322. 

3F Stenographers before Grand Jury. 

Unless permitted by statute, a stenographer cannot be allowed before 
the grand jury. 

(Mo.) State v. Sullivan (1904), 110 Mo. App. 75, 84 S. W. 105. 

The county commissioners have no power to employ a stenographer for 
the grand jury, as, under Rem. & Bal. Code, § 2030, no person other than 
one of the grand jurors can be chosen as clerk. 

(Wash.) Mather v. King County (1905), 39 "Wash. 693, 82 Pao. 121. 

Under Crim. Code Practice, § 110, declaring that no person except the 
attorney for the commonwealth and the witness under examination shall 
be present while the grand jury are examining a charge, the court had no 
authority to direct a stenographer to take the testimony before the grand 
jury. Mandamus will lie to compel the judge of a circuit court to set aside 
an erroneous order directing a stenographer to take the testimony before 
the grand jury. 

(Ky.) Commonwealth v. Berry (1906), 29 Ky. Law Rep. 234, 92 S. 
W. 936. 

A stenographer cannot be appointed to take testimony before the grand 
jury when neither public justice nor the establishment of private rights 
requires that the testimony shall be taken by a stenographer. 

(Me.) State v. Bowman (1897), 90 Maine 363, 38 Atl. 331. 

In view of Rev. Stat., 1899, §2495, (Anno. St., 1906, p. 1495), providing 
that a grand jury may appoint one of its members clerk to preserve the 
minutes of testimony before them. It was held reversible error to allow a 

186 



APPOINTMENT AND QUALIFICATIONS 3P 

Stenographer examined as a witness to take testimony for the grand jury 
and afterwards read her notes to them. 

(Mo.) state v. Salmon (1909), 216 Mo. 466, 115 S. W. 1106. 

In State v. Natali (Unreported), the Indictment was quashed because 
of the presence before a grand jury of the shorthand reporter of the court, 
but he was an official having no connection with the district attorney's office 
and possibly not under his control. 

(La.) See Note, 28 L. R. A. 371. 

The presence of a stenographer before the grand jury, unless allowed 
by statute, is ground for setting aside an indictment. 
(Cal.) People v. Lon Me (1875), 49 Cal. 353. 

Notwithstanding Kirby's Digest, i 2211, provides that no one but the 
prosecuting attorney and the witnesses shall be present while the grand 
jury are examining a charge, it is not ground for quashing an indictment 
that a stenographer is present taking down for the prosecuting attorney the 
testimony of the witnesses. 

(Ark.) Richards v. State (1913), 157 S. W. 141. 
In the absence of statute, the district attorney may appoint a stenog- 
rapher to take testimony before the grand jury for the use of the district 
attorney, in his official position. 

(Ind.) state v. Bates (1897), 148 Ind. 610, 48 N. E. 2. 

(U. S.) United States v. Simmons (1891), 46 Fed. (C. C.) 65. 

In the absence of a showing that the accused was harmed thereby, the 
fact that a stenographer took notes of the evidence before the grand jury 
will not invalidate an indictment. 

(Ind.) Courtney v. State (1892), 5 Ind. App. 356, 32 N. B. 335. 

The fact that a stenographer is present through the deliberations of a 
grand jury, while improper and irregular, will not invalidate an indictment, 
unless the defendant has been harmed thereby. 

(Mo.) State v. Sullivan (1904), 110 Mo. App. 75, 84 S. W. 105. 

The presence of the stenographer of the state's attorney In the grand 
jury room during the taking of testimony of witnesses, and the taking and 
transcribing of such testimony in full, will not abate the indictment in the 
absence of statutory requirement or prejudice to the accused. 

(Vt.) State V. Brewster (1897), 70 Vt. 341, 40 Atl. 1037, 42 L,. R. A. 
444. ■ 

That the county attorney, while the grand jury was interrogating wit- 
nesses, had with him in the room a -regular bailiff as his stenographer 
taking down testimony, though he was not present while the grand jury 
was discussing the finding of the bill, or voting, would not invalidate the 
indictment. 

(Tex.) Porter v. State (1913), 72 Tex. Cr. Rep. 71, 160 S. W. 1194. 

The mere presence of a stenographer employed as assistant to the dis- 
trict attorney under P. L. 258 (1909) does not invalidate the indictment, in 
the absence of a showing that the defendant was prejudiced by anything 
done by said stenographer. 

(Pa.) Commonwealth v. Hegedus (1910), 44 Pa. Super. Ct. 157. 

The fact that during the investigation of a matter by a federal grand 
jury an assistant district attorney made notes of the testimony in shorthand 
and afterwards read the same to the district attorney and a special agent 
and attorney for the government, does not constitute a ground for the abate- 
ment of the prosecution. 

(XJ. S.) United States v. American Tobacco Co. (1910), 177 Fed. 
(U. S. D. C.) 774. 

187 



3F SHOETHAND REPORTERS 

A member of a grand jury may act as its stenographer, and receive 
extra compensation for such service from the county. 

(Mich.) People v. Lander (1890), 82 Mich. 109, 46 N. W. 956. 

Where a stenographer is selected to report the proceedings of the grand 
jury under the provisions of Penal Code, § 925, it is not essential that the 
one selected be an official reporter of the superior court, and §§ 270 and 
271 of the Code of Civ. Pro. have no application. 

(Cal.) People v. Delhantie (1912), 163 Cal. 461, 125 Pac. 1066. 

A reporter appointed under Penal Code, § 925, may make a certified 
transcript after the grand jury has been discharged. 

(Cal.) People v. Delhantie (1912), 163 Cal. 461, 125 Pao. 1066. 

A person designated as temporary stenographer to the grand jury, in 
the absence of the official stenographer, is not required to be a resident of 
the county under Code Crim. Pro. § 952q, and such temporary stenographer, 
even if lacking the prescribed qualifications, is a de facto officer, and his 
presence before the grand jury when the evidence was taken would not 
vitiate the indictment. 

(N. T.) People v. Coco (1910), 25 N. T. Cr. Rep. 288, 70 Misc. 195, 
128 N. T. S. 409. 

Presence of stenographer in grand jury room by direction of district 
attorney, pursuant to appointment as clerk and assistant to the district 
attorney, held not to invalidate indictment. 

(U. S.) United States v. Rockefeller (1915), 221 Fed. (U. S. D. C.) 
462. 

A Stenographer duly appointed and sworn by the district attorney held 
not an attorney at law specially appointed by the Attorney General, and not 
authorized to attend grand jury sessions and take testimony for the district 
attorney's benefit, under Act Cong. June 30, 1906. 

(U. S.) United States v. Rubin (1915), 218 Fed. (U. S. D. C.) 245. 

3G Necessity for Oath. 

While, under Penal Code, § 925, a stenographer appointed by the grand 
jury must be sworn, he need not be sworn in each case under investigation, 
but having once been sworn may continue in that capacity. 

(Cal.) People v. Arnold (1911), 17 Cal. App. 68, 118 Pac. 729. 

An official reporter of a superior court appointed to take the testimony 
at a preliminary examination before a justice of the peace need not be 
sworn. 

(Cal.) People v. MuUaley (1911), 16 Cal. App. 44, 116 Pac. 88; 
People V. Kelly (1911), 17 Cal. App. 447, 120 Pac. 46. 

When a stenographer is appointed he should be sworn, and the fact that 
he was sworn, or a copy of the oath he took, should appear among the rec- 
ords of the court. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435. 

A Stenographer need not be sworn where the court accepts and adopts 
his report of the evidence. 

(Ind.) McCoy v. Able (1892), 131 Ind. 417, 30 N. B. 528, 31 N. E. 
453. 



188 



4— REMOVAL. 
A In General. 

4A In General. 

For misconduct in office or incompetency, after proper charges have 
been entered upon the record and a hearing has been had, an official stenog- 
rapher may be removed. 

(Mo.) State ex rel v. Slover (1892), 113 Mo. 202, 20 S. W. 788. 

Official stenographer held not liable on his bond for failure to file his 
notes in a case where he reported a part of the trial, and another stenog- 
rapher reported the remainder and refused to file his notes. 

(Miss.) Johnson v. "Ward (1912), 102 Miss. 464, 59 So. 806. 

The absence of a stenographer without the permission of the judge, for 
a few minutes during the trial of a case, might be a reason why he should 
be removed or subjected to loss of pay. 

(Conn.) Magoohan v. Curran (1899), 71 Conn. 551, 42 Atl. 656. 

When the constitution of a state provides that no person elected or 
appointed to any office shall hold such office without personally devoting 
his time to the duties thereof, a judge may remove an official stenographer 
who does not devote his time to his office and who leaves his duties to be 
performed by his deputies, although by statute the stenographer Is allowed 
to appoint one or more deputies to assist him in the discharge of his duties. 
(Mo.) state ex rel v. Slover (1892), 113 Mo. 202, 20 S. W. 788. 

Although the statute provides that a court shall, on the application of 
either party, appoint a stenographer, yet it is not error justifying a reversal 
for the court to discharge an incompetent stenographer who is delayihg the 
trial on account of his slowness, although no other stenographer can be 
obtained. 

(Tex.) Hines v. Holland (18S6), 3 Willson Civ. Cas. Tex. Ct. App., 
§ 99. 



189 



5— DUTIES. 

A Attendance upon Court. 

B Reporting Testimony. 

C Furnishing Transcripts. 

D Filing Transcript of Notes. 

E Making of Transcripts. 

F Reading of notes. 

G Presumptions. 

5A Attendance upon Court. 

An official stenographer should attend court and give his time to the 
performance of the duties belonging to his official position. 

(Conn.) Mag-oohan v. Curran (1899), 71 Conn. 551, 42 Atl. 656. 
(Ga.) Kearney v. State (1897), 101 Ga. 803, 29 S. E. 127. 
(Mo.) State ex rel v. Slover (1892), 113 Mo. 211, 20 S. W. 790. 

While an official stenographer should be present during all the proceed- 
ings of a cause, except the argument of counsel, his absence for a few min- 
utes unknown to the judge and unnoticed by counsel, will not render void 
the proceedings of court during his absence. 

(Conn.) Magoohan v. Curran (1899), 71 Conn. 551, 42 Atl. 656. 

Where the court reporter was present at the trial of a case, and took 
stenographic notes of those things required in civil actions by Code Civ. 
Pro., § 269, it was not error to dismiss him before the oral argument or deci- 
sion of the case. 

(Cal.) Koyer v. Willmon (1909), 12 Cal. App. 87, 106 Pac. 599. 

An official stenographer need not be compelled by the judge to remain 
in attendance until the end of the trial, so that in case a dispute arises 
between counsel as to what the evidence was, his notes may be referred to 
in order to refresh the recollection of the jury. 

(Ga.) Kearney v. State (1897), 101 Ga. 803, 29 S. E. 127. 

Under a statute permitting the jury to view the premises where any 
material fact occurred, it is not necessary that the court stenographer be 
present during the view by the jury to report all that was said. 

(Wyo.) Jenkins v. State (1913), 22 Wyo. 34, 134 Pac. 260. 

When the public interest demands, a judge of the circuit court may 
require a stenographer appointed by him to attend a term of such court to 
be held by such judge in a circuit other than his own. 

(S. D.) Underwood v. Lawrence County (1894), 6 S. D. 5, 60 N. W. 
147. 

5B Reporting Testimony. 

An official stenographer should report fully and accurately all that takes 
place upon the trial of the action. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 
(N. T.) Varnum v. Wheeler (1886), 9 Civ. Pro. (N. T.) 421; Baker 
V. New Tork (1897), 17 App. Div. 435, 45 N. T. S. 164. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Wood- 
ward v. Heist (1896), 180 Pa. 161, 36 Atl. 645; Heyer v. Cunningham 
Piano Co. (1897), 6 Pa. Super. Ct. 504. 

A Stenographer should take down all the testimony given. 

(Ark.) Moore v. State (1898), 65 Ark. 330, 46 S. W. 127. 

(111.) People ex rel v. Raymond (1900), 186 111. 407, 57 N. B. 1066. 

(N. T.) Varnum v. Wheeler (1886), 9 Civ. Pro. (N. T.) 421. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Wood- 
ward v. Heist (1896), 180 Pa. 161, 36 Atl. 645; Heyer v. Cunningham 
Piano Co. (1897), 6 Pa. Super Ct. 504. 

190 



DTJTIES 5B 

A stenographer should record the objections and exceptions of counsel. 

(111.) People ex rel v. Raymond (1900), 186 111. 407, 57 N. B. 1066. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Con- 
nell V. O'Neil (1893), 154 Pa. 582, 26 Atl. 607; Woodward v. Heist (1896), 
180 Pa. 161, 36 Atl. 645. 

A Stenographer should take down the instructions or charge of the 
trial judge to the jury. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Heyer 
V. Cunningham Piano Co. (1897), 6 Pa. Super. Ct. 504. 

(S. D.) Underwood v. Lawrence County (1894), 6 S. D. 5, 60 N. W. 
147. 

A stenographer should take down all the rulings of the court. 

(111.) People ex rel v. Raymond (1900), 186 111. 407, 57 N. E. 1066. 
(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Wood- 
ward V. Heist (1896), 180 Pa. 161, 36 Atl. 645. 

The official stenographer should enter at length in his notes every 
offer to prove a fact or to use a person as a witness. 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Wood- 
ward V. Heist (1896), 180 Pa. 161, 36 Atl. 645. 

An official stenographer should not note an exception merely because 
an objection has been made and overruled and counsel has asked him to 
note the exception, as the direction to note an exception should properly 
come from the judge. (But now see P. L., Act of May 11, 1911, requiring 
the official stenographer to note exceptions at request of counsel.) 

(Pa.) Rosenthal v. Ehrlicher (1893), 154 Pa. 396, 26 Atl. 435; Con- 
nell V. O'Neil (1893), 154 Pa. 582, 26 Atl. 607; Woodward v. Heist (1896), 
180 Pa. 161, 36 Atl. 645; Heyer v. Cunningham Piano Co. (1897), 6 Pa. 
Super. Ct. 504. 

Upon a trial counsel insisted that every word uttered by the judge 

during the trial should be taken down by the stenographer, and the court 

refused to direct the reporter to do so. Held,, that the request was much 

broader than the statute intended, and the request was properly overruled. 

(Wis.) Grant v. Ins. Co. (1871), 29 Wis. 125; State v. Glass (1880), 

50 Wis. 218, 6 N. W. 500. 

Under Judiciary Law, § 295, requiring the official stenographer to take 
note of every remark of the trial judge, when the trial is by jury and 
neither party requests such note, the official stenographer is not bound to 
notice comments of the court made in a suit to quiet title tried at Special 
Term. 

(N. T.) Norwegian Lutheran Church v. Krelsovitch (1911), 147 
App. Div. 108, 131 N. T. S. 845. 

Act of May 11, 1911 (P. L. 279) merely dispenses with the requirement 
that exceptions shall be allowed by the court, and not with the requirement 
that they be taken by counsel in the presence and hearing of the court and 
noted by the stenographer. 

(Pa.) Pornof v. Wilkinsburg Borough (1912), 238 Pa. 614, 86 Atl. 
494; Pisher v. Leader Pub. Co. (1913), 239 Pa. 200, 86 Atl. 776; Foley 
V. 'Phila. Rapid Transit Co. (1913), 240 Pa. 169, 87 Atl. 289. 

The court stenographer is required to take down the testimony of the 
witnesses, and to file stenographic records made by him with the secretary 
of the court, which copy constitutes prima facie the "minutes" of the court 
and may be used on all motions for new trials, review or appeal, when 
"minutes" of the court may be used as such. 

(Porto Rico) People v. Santiago (1910), 16 P. R. 446. 
It is just as much the duty of the reporter to enter in his minutes the 
return of an improper as of a proper verdict, and he is required to note the 
action thereon. 

(Iowa) State v. Novak (1899), 109 Iowa 717, 79 N. W. 465. 

191 



5B SHOETHAND REPORTERS 

Under Snyder's Stat., 1909, § 5859, making it the duty of a court reporter 
to take down in shorthand and correctly transcribe, when required, all the 
proceedings upon the trial, refusal to permit such reporter to take down 
the examination of jurors, except those objected to, was not prejudicial. 

(Okla.) Thacker v. State (1910), 3 Okla. Cr. App. 485, 106 Pac. 986. 

§ 1 of Art. 7 of Laws of 1905, p. 326, gives to either party to a trial the 
right to demand of the court that the court stenographer shall take down 
in shorthand any matter that might properly be a part of the case made on 
appeal or proceeding in error, and if the court refuses to comply with such 
demand, the matter may be preserved in the record by affidavit or by any 
other competent evidence, and such refusal upon the part of the trial court 
will be ground for reversal, without regard to the merits thereof. Held, 
any party to a cause has the right to demand that the court stenographer 
shall be required to take down any matter which may transpire at the 
trial, when such matter, if objected to, is such that it may properly be made 
part of a case made for appeal or proceeding in error. 

(Okla.) Lamm v. State (1910), 4 Okla. Cr. App. 641, 111 Pac. 1002. 

A trial court should never permit a document introduced in evidence 
to be withdrawn unless the party so withdrawing it, at the time, leaves with 
the reporter a concededly correct copy of the document withdrawn; and 
the furnishing of such copy should be made a condition precedent for leave 
to withdraw the original document. 

(Neb.) Macfarland v. West Side Imp. Assn. (1896), 47 Neb. 661, 66 
N. W. 637. 

Under Rev. Laws 1910, § 1786, accused is entitled to demand that all 
proceedings, including the examination of jurors and challenges, be taken 
down and transcribed for use in subsequent proceedings, and a refusal to 
comply with such request held prejudicial error without regard to the merits 
of the question. 

(Okla.) Helm v. State (1915), 146 Pao. (Okla Cr. App.) 1083. 

Under Rev. Laws 1910, § 1834, held error for the county court to refuse 
to require stenographer to take down all objections and exceptions made in 
good faith during the trial. 

(Okla.) Anoatubby v. Pennington (1915), 148 Pac. 828. 

Civ. Code 1910, §§ 4984, 4985 do not make it mandatory on the trial 
judge to order every case to be reported, where counsel do not agree to 
have it reported. 

(Ga.) Peoples v. Garrison & Son (1915), 85 S. E. 119. 

5C Furnishing Transcripts. 

An official stenographer is bound to furnish to any party to a cause a 
transcript of his notes in such cause upon tender of his legal fees therefor. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 

(Idaho) Raft Kiver etc. Co. v. Langford (1898), 6 Idaho 30, 51 
Pac. 1027. 

(Ind.) Arcana Gas Co. v. Moore (1894), 8 Ind. App. 482, 36 N. B. 46. 

(Mich.) Maynard v. Vinton (1886), 59 Mich. 155, 27 N. W. 2. 

(Mont.) State v. Supple (1899), 22 Mont. 184, 56 Pac. 21; State v. 
Ledwidge (1902), 27 Mont. 197, 70 Pac. 511. 

(Pa.) Briggs v. Erie County (1881), 98 Pa. 570. 

An official stenographer must furnish a transcript to any party to the 
cause upon a tender of his fees, even though the judge of the court orders 
him not to do so. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 

192 



DUTIES 5C 

An official stenographer cannot refuse to furnish a transcript upon the 
ground that the party requesting the same does not need such transcript. 
(Mont.) State v. Ledwidge (1902), 27 Mont. 197, 70 Pac. 511. 

A stenographer employed by an examiner under the provisions of the 
Act of May 24, 1887, Is bound to take down the evidence and furnish the 
examiner with a transcript thereof, but it Is not his duty to furnish either 
party or the examiner with a typewritten copy thereof. 

(Pa.) Drinkhouse's Estate (1892), 1 Pa. D. R. 92, 11 C. C. R. 145. 

A stenographer employed by private parties to take the evidence at a 
hearing, but who is treated by all parties as an official stenographer, must 
furnish a transcript of the evidence to Interested parties, and cannot deny 
that he was an official stenographer. 

(Neb.) Mockett v. State (1903), 70 Neb. 518, 97 N. W. 588. 

A transcript of evidence taken in a homicide case by a stenographer 
appointed by the board of coroners of the city of New York under a resolu- 
tion directing the stenographer ito make transcripts in all homicide cases, 
to be turned in to the board of coroners and filed in the district attorney's 
office, is a transcript made for the use of the district attorney's office. 

(N. T.) Baker v. New York (1897), 17 App. Div. 435, 45 N. T. S. 164. 

A reporter is not under any official duty to transcribe testimony, upon 
demand of defendant, where one on trial under indictment for felony was 
convicted of misdemeanor, where defendant makes no offer to pay reporter. 
(Ga.) Rozar v. McAllister (1912), 138 Ga. 72, 74 S. E. 792. 

Mandamus will not lie to compel the official stenographer of a city 
court to furnish one convicted of misdemeanor In that court a transcript of 
notes taken on the trial without having first paid therefor. 

(Ga.) Bowles v. Malone (1912), 139 Ga. 115, 76 S. E. 854. 

It Is the duty of the circuit court stenographer, subject to the direction 
of the court, to furnish to the attorney general without charge a copy of 
the transcript of evidence In a law action instituted for the use of the terri- 
tory. 

(Hawaii) In re Andrews (1905), 16 Hawaii 483. 

■^The attorney general is not entitled to receive free of cost a transcript 
of the evidence and proceedings In a case tried In the court of land registra- 
tion in which the territory was a party by reason of the fact that the stenog- 
rapher who reported the case was an official stenographer of the circuit 
court of the first circuit, such stenographer not having been assigned the 
duty 0% acting as such reporter under § 1692 of the Revised Laws. 
(Hawaii) In re petition of Hawaii (1911), 20 Hawaii 699. 

The copy of the notice given the stenographer to furnish a copy of her 
notes need not, under Laws 1910, c. Ill, amending Code 1906, § 797a, be 
filed with the clerk of the court within 30 days. 

(Miss.) New Orleans & N. E. R. Co. v. Catts (1915), 68 So. 483. 

5D Filing Transcript of Notes. 

An official stenographer must file a transcript of his notes. 

(Iowa) Hampton v. Moorhead (1883), 62 Iowa 91, 17 N. W. ««J. 
Manatt v. Scott (1898), 106 Iowa 203, 76 N. W. 717. 

(Mich.) Bell v. Pate (1882), 48 Mich. 640, 11 N. W. 113; Detroit etc. 
R. R. Co. v. Hayt (1884), 55 Mich. 347, 21 N. W. 367, 911; Thurstin v. 
Luce (1886), 61 Mich. 486, 28 N. W. 670; Langley v. Hill (1886), 63 Mich. 
271, 29 N. "W. 709. 

(N. D.) Kaeppler v. Pollock (1898), 8 N. D. 59, 76 N. W. 987. 

(Pa.) Brig-gs v. Erie County (1881), 98 Pa. 570. 

193 



5D SHORTHAND BEPOETEES 

In the absence of a statute requiring the same, an oflBcial stenographer 
In a criminal case when the accused is discharged, need not file his notes. 
(Cal.) Mattingly v. Nichols (1901), 133 Cal. 332, 65 Pao. 748. 

When a motion is made for a new trial on the "minutes of the court" 
the official stenographer's notes need not he filed before the hearing of such 
motion. 

(S. D.) Dlstard v. Shanklin (1898), 11 S. D. 1, 75 N. W. 205. 

On a motion for a new trial on the judge's minutes a transcript of the 
stenographic notes which the moving party has paid for, need not be filed 
with the clerk. 

(N. T.) Schlotterer v. Brooklyn & N. T. Ferry Co. (1905), 102 App. 
Div. 363, 92 N. T. S. 674. 

As questions as to the accuracy of the transcript may arise, the short- 
hand notes should also be filed, so that a correct determination of any 
question of the accuracy of the transcript may be had. 
(Iowa) Lowe v. Lowe (1875), 40 Iowa 220. 

The withdrawal of the shorthand notes from the office of the clerk and 
possession by the reporter, an officer of the court, for the purpose of making 
a transcript, is a lawful one and for a lawful purpose, and when they are 
returned no refiling is necessary to preserve their status as a record in the 
case. 

(Iowa) Hamill v. Schlitz Brewing Co. (1913), 165 Iowa 266, 143 
N. W. 99. 

Under § 869 of the Penal Code the requirement that the transcript be 
filed in ten days is merely directory, and a filing within a reasonable time 
is sufficient. 

(Cal.) People v. Grundell (1888), 75 Cal. 301, 16 Pac. 544. 

The requirement of § 4670 that the transcript be filed within ten days 
with the clerk is merely directory. 

(Utah) state v. Vance (1910), 38 Utah 1, 110 Pac. 434. 

Under § 4883 Comp. Laws 1888, providing that in homicide cases the 
testimony of the preliminary examination, when taken by a reporter, shall 
be transcribed and filed with the clerk of the district court within ten days 
after the close of the examination, the failure of the reporter to file the 
transcript does not prevent defendant from being brought to trial, where 
he did not claim that he was prejudiced by not having a transcript of the 
reporter's notes, and did not ask for a continuance in order to secure them; 
and the trial under such circumstances is not a trial without due process of 
law. 

(Utah) People v. Thiede (1895), 11 Utah 241, 39 Pao. 837; Affirmed, 
159 U. S. 510. 

The question of the extension of time within which to file a transcript 
is within the discretion of the judge under § 4434, Rev. Codes, as amended 
by Ch. 119, Laws of 1911, and a reporter when he finds that he is unable to 
make the transcript within the time granted should apply to the court for 
an order for additional time. 

(Idaho) Fischer v. Davis (1913), 24 Idaho 217, 133 Pac. 910. 

Provided that notice is given to the stenographer within 30 days after 
the adjournment of court, as per Ch. Ill, Acts 1910, the stenographer's notes 
will not be stricken for any cause whatever, unless incorrect in some ma- 
terial particular. 

(Miss.) Miss. Cent. E. Co. v. Chambers (1913), 103 Miss. 400, 60 So. 
562. 

194 



DUTIES 5D 

A verbal direction of the court to the reporter to transcribe his notes 
and file them with the clerk, is a sufficient order under § 274 of the Code 
of Civ. Pro. 

(Cal.) Taylor v. McConigle (1898), 120 Cal. 123, 52 Pac. 159. 

Courts can only designate the time within -which a transcript of evidence 
taken in a case by a stenographer shall be filed, during the pendency of the 
case, and before the entry of final judgment. 

(Ind.) Drake v. Everson (1900), 155 Ind. 47, 57 N. E. 533. 

A Stenographer's transcript must be filed in the office of the clerk before 
it can be incorporated in the bill of exceptions. 

(Ind.) Beatty v. Miller (1896), 146 Ind. 231, 44 N. B. 8. 

There is a presumption that an official stenographer has filed his notes. 
(Iowa) Hampton v. Moorhead (1883), 62 Iowa 91, 17 N. W. 202; 
Manatt v. Scott (1898), 106 Iowa 203, 76 N. W. 717. 

On a reference action to foreclose a mortgage when the stenographer's 
fees have been taxed by plaintiff, the court may order the plaintiff when 
the stenographer's notes are in his possession, to file the same with the 
county clerk, even though the property has been sold and the costs fully 
paid. 

(N. T.) Horrocks v. Thompson (1882), 27 Hun (N. T.) 144. 

Where the minutes of a stenographer employed and paid by the plaintiff 
are by common consent used on the trial by the referee, and by him in pre- 
paring his report, and are the only ones taken on the trial, such original 
minutes cannot be taken by plaintiff's attorney as his and the referee and 
court thereby deprived of the use of the only official record kept upon the 
trial. 

(N. Y.) Woodworth v. Seymour (1882), (N. T. Sup. Ct., Gen. Term, 
3rd Dept.) 16 Weekly Digest 43. 

5E Making of Transcripts. 

A court may order an official stenographer, in transcribing his notes, 
to put the same into narrative form. 

(W. Va.) Cummings v. Armstrong (1890), 34 W. Va. 1, 11 S. B. 742. 

A court stenographer may be compelled to prepare a transcript of his 
notes in narrative form. 

(Tex.) Routledge v. Blmendorf (1909), 54 Tex. Civ. App. 174, 116 
S. "W. 156. 

Where a bankrupt's examination before a special master was taken by 
a stenographer and a transcript made, it was the bnkrupt's duty to sign the 
transcript, though he now claims that certain of his answers were incor- 
rect by reason of his misunderstanding the question, or not being correctly 
informed when he answered; he being entitled only to make such entry on 
the record before his signature and jurat. 

(U. S.) In re Samuels (1914), 213 Fed. (C. C. A.) 447. 

A stipulation that the stenographer taking the deposition may sign the 
name of the witness and transmit the same to court for use, waives the re- 
quirement of Laws of 1905 requiring the deposition to be read to the witness 
and subscribed by him. 

(Utah) Groot v. O. S. L. R. Co. (1908), 34 Utah 152, 96 Pac. 1019. 

A witness whose deposition has been taken before an officer cannot be 
committed for contempt in refusing to sign it, where he claims that it is 
inaccurate, but is willing to sign it when the errors pointed out by him 
have been corrected; nor in such case can his deposition be retaken on a 

195 



5B SHOETHAND REPOBTEES 

new Bubpoena, there being no claim of an omission under ttie former sub- 
poena, other than the signature of the witness. 

(Ohio) In re Hafer (1901), 65 Ohio S. 170, SI N. B. 702. 

Exhibits offered in evidence need not be incorporated in or attached to 
the transcript. 

(Utah) Bingham Livery & Tr. Co. v. McDonald (1910), 37 Utah 457, 
110 Pac. 56. 

All fees earned by the reporter or his deputy under the provisions of 
the reporter statutes, which include R. C. 3980 and the foUojvfing seven 
sections, must be turned into the state treasury, and the reporter cannot 
evade that requirement by reducing the stenographic record to narrative 
form. 

(Idaho) Keane v. Pittsburg Lead Min. Co. (1910), 18 Idaho 711, 112 
Pac. 214. 

Under Supreme Court Rule 7 (123 Pac. XI) the court on appeal in 
equity need not review the evidence where it is incorporated in the tran- 
script In narrative form. 

(Mont.) Gilmore v. Ostronich (1913), 48 Mont. 305, 137 Pac. 378. 

5F Reading of Notes. 

An official stenographer cannot be compelled by a judge to read his 
notes when there is no provision in the statute awarding him compensation 
for so doing. 

(S. D.) Myers v. Campbell (1899), 11 S. D. 433, 78 N. W. 353. 

An official stenographer may be required to read his notes although 
the statute does not provide compensation to him for so doing, as he knows 
when he accepts the office that such service may be required of him, and 
he therefore takes the office subject to that burden. 

(N. D.) Kaeppler v. Pollock (1898), 8 N. D. 59, 76 N. "W. 987. 

When requested by the judge an official stenographer must read his 
notes. 

(N. D.) Kaeppler v. Pollock (1898), 8 N. D. 59, 76 N. W. 987. 
(K. I.) Alexander v. Gardiner (1882), 14 R. I. 15. 

An official stenographer is not by statute made an umpire to decide 
disputed questions as to what the testimony at the trial was, either for the 
information of the jury or for the purpose of the bill of exceptions. 

(Mo.) Padgitt v. Moll (1900), 159 Mo. 143, 60 S. W. 121, 52 L. R. A. 
854, 81 Am. St. Rep. 358. 

An official stenographer may be required by ttie court to assist the 
solicitor general by reading questions to the jurors upon their voir dire 
examination, but this duty does not give the stenographer the right to 
accept or reject jurors. 

(Ga.) West v. State (1887), 79 Ga. 773, 4 S. E. 325. 

It is competent for the judges of such courts as employ official stenog- 
raphers to cause portions of their notes of the evidence to be read over to 
the jury in open court, if requested by them, and also to cause typewritten 
transcripts of desired portions of the testimony, or even the whole of It, 
to be submitted to the jury if they so request. The exercise of this power 
must necessarily rest to a great extent in the discretion of the trial judge. 
(Conn.) State v. Rubaka (1909), 82 Conn. 60, 72 Atl. 566. 

The court must decide whether a question involves a false assumption 
of fact, and if the court's statement of the facts is doubted, counsel should 
appeal to the stenographer's minutes. 

(Conn.) Nesbit v. Crosby (1902), 74 Conn. 555, 51 Atl. 550. 

196 



DUTIES 5G 

5G Presumptions. 

The duties of an official court stenographer are prescribed by statute, 
and are presumed to be known by all people. 

(Ind.) Miller v. Palmer (1900), 25 Ind. App. 357, 58 N. E. 213. 

In the absence of evidence to the contrary, it will be presumed that an 
offlcial stenographer performs his duties. 

(Iowa) State v. Smith (1896), 99 Iowa 26, 68 N. W. 428; Manatt v. 
Scott (1898), 106 Iowa 203, 76 N. W. 717. 

There is a presumption that an official stenographer has filed his notes. 

(Iowa) Hampton v. Moorhead (1883), 62 Iowa 91, 17 N. W. 202; 

Manatt v. Scott (1898), 106 Iowa 203, 76 N. W. 717. 

When an oral charge has been given, the presumption is, in the absence 

of any statement in the record to the contrary, that the reporter took it 

down as required by statute. 

(Utah) State v. Kessler (1897), 15 Utah 142, 49 Pac. 293. 

There la a presumption that a stenographer who takes shorthand notes 
at a trial did so under order of the court. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 

If the record shows that a stenographer was sworn in a cause to report 
the evidence, it will be presumed that he was appointed. 

(Ind.) Pitman v. Marquardt (1898), 20 Ind. App. 431, 50 N. B. 894. 

Where an official reporter took down the deposition of a witness at a 
preliminary examination, it will be presumed that he was duly qualified by 
his offlcial oath to faithfully discharge his duties, and it was not necessary 
that he be sworn at the preliminary hearing. 

(Cal.) People v. Kelly (1911), 17 Cal. App. 447, 120 Pac. 46. 



197 



6— COMPENSATION. 

A Amount. 

1. Limited to sum allowed by statute. 

2. Construction of statutes as to. 

3. In absence of statute. 

4. When fixed by court. 

5. In general. 

6. Per diem. 

7. For furnishing transcripts. 

8. Mileage, when allowed. 

9. Facts considered in determining. 
10. Effect of custom upon. 

B Right to perform and charge for outside services. 

C Right to demand payment in advance. 

D Liability of parties for fees. 

E Liability of attorneys for fees. 

F Liability of public bodies for fees. 

G For services before coroners. 

H Transcripts at expense of county or state. 

I Free transcripts. 

J Taxation of fees, when allowed. 

1. In general. 

2. For transcripts required by court for its own use. 

3. For transcripts for party's own use. 

4. As necessary disbursements. , 

5. Pro rata. 

K Taxation of fees, when not allowed. 

1. In general. 

2. For transcripts required by court for its own use. 

3. For transcripts for party's own use. 

4. As necessary disbursements. 

5. In criminal cases. 

L Review of action of court as to fees. 

M Right of court to compel payment of fees. 

N Mandamus to compel payment of fees. 

6A 1 — Amount — Limited to Sum Allowed by Statute. 

An official stenographer can only be given such compensation as is 
prescribed by statute, when a statute exists in regard thereto. 

(N. T.) Matter of Tinsley (1882), 90 N. T. 231; McCarthy v. Bonynge 
(1884), 12 Daly (N. T.) 356. 

While a stenographer might be allowed to recover for a copy of the 
minutes supplied during the trial to defendant's counsel if the conditions 
permitting such transcript subsequently arose, the fact that he thus sup- 
plied them out of order cannot be made the basis for a double charge. 

(N. T.) Moynahan v. City of New York (1912), 205 N. T. 181, 98 N. 
B. 482. 

A court stenographer who charges for a transcript of testimony In 
excess of the amount prescribed by statute is subject to an action for 
treble damages, under the Public Officers Law, § 89. And an attorney who 
paid such overcharge may recover the same in an action in his own name. 
(N. T.) Hale v. McDermott (1912), 78 Misc. 52, 137 N. Y. S. 975. 

Where a referee employed a stenographer in taking testimony before 
him, the referee cannot increase his fees beyond the amount allowed him 

198 



COMPENSATION 6A 1 

by statute for taking and transcribing testimony, nor add thereto the amount 
of the stenographer's bill. 

(Wash.) Park v. Mighell (1892), 3 Wash. 737, 29 Pac. 556. 
If the sum to be paid an official stenographer for furnishing transcripts 
is prescribed by statute, an agreement to pay a higher price for copies fur- 
nished more quickly will not be upheld. 

(N. T.) McCarthy v. Bonynge (1884), 12 Daly (N. T.) 356. 

One appointed official court stenographer by the judge, though for a 
single case only, under Sess. LawB, 1899, is, in the discharge of his duties, 
a public officer, so that a contract of the parties to pay him more than 
provided by statute for transcribing the testimony is void as against public 
policy. 

(Utah) Dull V. Mammoth M. Co. (1905), 28 Utah 467. 79 Pac. 1050. 
Allowing a stenographer 25 cents a page for transcript, instead of 15- 
cents a folio, when it is not claimed that the amount allowed is greater than 
would have been allowed at the folio rate, is not an error. 

(Ky.) Polsgrove v. Walker (1904), 26 Ky. Law Rep. 938, 82 S. W. 
979. 

An official stenographer is not entitled to recover compensation for 
more than 120 days' service when the statute concerning his compensation 
provides that he shall receive $10 a day, but that the whole compensation 
shall not exceed ?1,200 a year. If, however, the compensation for writing 
out notes in longhand when ordered by the court increased his total com- 
pensation for the year to a sum in excess of ?1,200, he is entitled to recover 
his total compensation from the county. 

(Pa.) Lehigh County v. Meyer (1883), 102 Pa. 479. 

Under Stat. 331, subs. 17, authorizing the county court of certain coun- 
ties to appoint a stenographer, and providing for his compensation, a county 
court within the act may appoint a stenographer and fix her salary; and, 
in the absence of any allegation to the contrary, it may be presumed that 
the fiscal court in the payment of her salary used funds collected for that 
purpose, and a taxpayer could not sue the stenographer, members of the 
fiscal court and the county judge to recover the salary paid. 

(Ky.) Woodruff v. Goldbaoh (1913), 153 Ky. 411, 156 S. W. 115. 

Stenographers who are allowed an annual salary cannot be paid a per 
diem allowance while attending court. 

(Mich.) Stockwell v. Supervisors of Genesee (1885), 56 Mich. 221, 
23 N. W. 25. 
A master in chancery has no power to require a litigant to pay a sten- 
ographer for taking and transcribing testimony, in addition to the fees al- 
lowed him by statute for performing the same duty, and to make such pay- 
ment a condition precedent upon which he will consider the testimony. 

(111.) Nutriment Co. v. Geo. Green Lumber Co. (1902), 195 111. 324, 
63 N. E. 152. 

The compensation to be paid official stenographers is generally pre- 
scribed by statute. 

(N. T.) Wright V. Nostrand (1879), 58 How. Pr. (N. T.) 184; Guth 
v. Dalton (1880), 58 How. Pr. (N. T.) 289; Baker v. N. T. (1897). 17 
App. Div. 435, 45 N. Y. S. 164. 

(Wyo.) Chosen Friends etc. League v. Otterson (1897), 7 Wyo. 89, 
50 Pac. 194. 

6A 2 — Amount — Construction of statutes as to. 

When on the same day two laws are passed by the legislature, the first 
of which provides a certain salary for an official stenographer, and the 

199 



6A 2 SHORTHAND REPORTERS 

second of which provides that the circuit judge shall fix the compensation, 
the two acts will be held to be concurrent, and the stenographer will be 
entitled to the compensation set out in the first act, unless the circuit judge 
fixes a different rate. 

(N. J.) Knight v. Ocean County Freeholders (1887), 49 N. J. Law 
485, 12 Atl. 625. 

Under a statute requiring a stenographer to furnish transcripts to either 
party upon payment of the fees allowed by law, while another statute pro- 
vides that ten cents a folio shall be paid for transcripts ordered by the 
judge for his own use, the stenographer's fee is ten cents a folio for fur- 
nishing a transcript to a party. 

(N. T.) Guth V. Dalton (1880), 58 How. Pr. (N. T.) 289. 

Under Laws of 1907, c. 603, the right to fix the salary of stenographers 
of the municipal courts of the City of New York rests in the Board of Esti- 
mate and Apportionment acting upon the recommendation of the board of 
justices, but such recommendation is not controlling. 

(N. T.) People ex rel v. Board of Estimate (1911), 72 Misc. 456, 
131 N. T. S. 294. 

Under the Act of May 1, 1907, P. L. 135, a duly appointed stenographer 
of the Court of Common Pleas is entitled to have his fees paid by the 
county in a divorce case or in a case involving an application for a charter, 
where the court in the exercise of its discretion has directed that the fees 
shall be paid by the county. 

(Pa.) Russell v. Philadelphia (1911), 48 Pa. Super. Ct. 622, Affirmed 
(1912), 236 Pa. 560, 84 Atl. 1101. 

Sess. Laws, ch. 69, § 23, providing that stenographers for the district 
court and for the superior court shall receive an annual salary to be paid 
out of the state treasury in the same manner as salaries of district judges, 
does not constitute an appropriation for the payment of salaries of stenog- 
raphers for the district court; and by reason of Comp. Laws, 1909, § 2527, 
It is unlawful for the state auditor to issue a warrant for the salary of a 
stenographer for the district court for the months of July to October, 1911, 
Inclusive, since there is no appropriation by law for the payment of such 
salary. 

(Okla.) Meyer v. Clift (1912), 31 Okla. 793, 123 Pao. 1042. 

In a statute providing compensation to stenographers for "taking down 
the testimony," the taking down of the testimony includes the transcribing 
of the notes into ordinary writing. 

(Ga.) Henderson v. Parry (1893), 93 Ga. 775, 21 S. E. 144. 

A court stenographer is not obliged to furnish a copy of the minutes 
•written out from the notes of his deceased predecessor at the rates pro- 
vided for by Judiciary Law, §§ 299-303. 

(N. T.) Griffin v. Flank (1913), 79 Misc. 415, 140 N. T. S. 122. 

Punctuation marks are not figures within the meaning of a statute pro- 
viding for stenographer's compensation at a certain amount per folio of 
one hundred words, counting figures as words. 

(N. T.) In re Murtaugh (1911), 71 Misc. 513, 128 N. T. S. 850. 

The compensation of a stenographer is to be determined only by the 
number of words transcribed, and not by the number of punctuation marks 
used in order to make the transcript intelligible. 

(Colo.) Walsh V. Jackson (1905), 33 Colo. 454, 81 Pac. 258. 

Where a deposition was taken in shorthand, which was signed by the 
■witnesses and afterwards transcribed, the notary public, under § 1741, Stats. 

200 



COMPENSATION 6A 2 

1903, and Act March 26, 1904 (No. 121, p. 298) was entitled to a fee for 
transcribing in addition to his per diem for taking the deposition. 

(Ky.) Reuscher v. Attorney General (1906), 30 Ky. Daw Rep. 109, 
97 S. W. 397. 

Under §7, Act of May 1, 1907 (P. L. 135) typewritten copies of the 
stenographer's report cannot be furnished to parties at public expense, ex- 
cept upon order of the court in each case, unless the case has been appealed. 
A general order of the court is invalid, since the court cannot divest itself 
of that discretion which it is bound to exercise in each case. 

(Pa.) Clift V. Philadelphia (1909), 41 Pa. Super. Ct. 638. 

Under § 275 of Code of 1897, a judge of the superior court may appoint 
a shorthand reporter, and it is further provided that the provisions relating 
to shorthand reporters and their duties in district courts shall govern as 
far as possible, except that the compensation shall not exceed $5.00 a day 
for the time actually employed. Held, that the reporter of the superior 
court is entitled to compensation for all days that he is under the control 
and direction of the court and is required to attend court under the order 
of the judge, and that he is not restricted to payment for the time he is 
actually engaged in reporting testimony. 

(Iowa) Ferguson v. Pottawattamie County (1904), 126 Iowa 108, 
101 N. W. 733. 

Under the Act of 1870, where evidence is taken by a stenographer be- 
fore a circuit court commissioner in criminal examinations, the board of 
supervisors are the final judges of proper compensation. 

(Mich.) Pistorious v. County Supervisors (1883), 51 Mich. 125, 16 
N. W. 262. 

The compensation of a stenographer for taking testimony before an 
examining magistrate, which by law is to be determined by the magistrate, 
but shall not exceed the compensation of reporters in the superior court, 
which is $10, is not affected by an unconstitutional amendment making the 
compensation of stenographers in the superior court depend on a salary to 
be fixed by the judge. 

(Cal.) McAllister v. Hamlin (1890), 83 Cal. 361, 23 Pac. 357. 
Code of Civ. Pro., § 274, relating to compensation of court reporters, 
does not authorize payment of their traveling expenses in civil cases. 
(Cal.) Irrgang v. Ott (1908), 9 Cal. App. 440, 99 Pac. 528. 
When the stenographer of a superior court is directed by the presiding 
judge to take down the evidence and other proceedings in a civil case, and 
does so, the judge has authority under Civil Code 1895, § 4447, to allow 
him compensation at the rate of ten cents per hundred words, for his serv- 
ices in merely taking down such proceedings in shorthand, and to prescribe 
by whom and in what manner such compensation shall be paid. 

(Ga.) Seaboard Airline Ry. Co. v. Memory (1906), 126 Ga. 183, 55 
S. E. 15. 
The stenographer, under Civil Code 1895, § 4446, is entitled to compen- 
sation not only for taking down the evidence, but also for taking down the 
charge of the court and the other proceedings in the case which the law 
requires to be taken down. 

(Ga.) Seaboard Airline Ry. Co. v. Memory (1906), 126 Ga. 183, 55 
S. E. 15. 

6A 3 — Amount — In Absence of Statute. 

If a court is authorized to appoint a stenographer and the statute does 
not provide for his compensation, he is entitled to receive a reasonable 
compensation. 

(Nev.) Washoe County v. Humboldt County (1880), 14 Nev. 123. 

201 



6A 3 SHOBTEAND BBFOBTEBS 

On a reference occupying twelve full hearings, the referee taking 555 
pages of -testimony and spending twelve days in reading the minutes and 
preparing his report; held that $500 for the referee and $428 stenographer's 
fees were not excessive. 

(N. T.) Dollard v. Koronsky (1909), 133 App. Div. 896, 113 N. T. 
S. 793. 

In the absence of any statute fixing compensation for the taking and 
transcribing of testimony in a judicial proceeding, the stenographer is en- 
titled to reasonable compensation, and an allowance of twenty cents for 
one hundred words, including figures, but excluding punctuation, is reason- 
able. 

(N. T.) In re Murtaugh (1911), 71 Misc. 513, 128 N. T. S. 850. 

A Stenographer's compensation in a case before an auditor is not the 
subject of contract. It is such as shall be directed by the court and fixed 
by the auditor within the limitations prescribed by the act. When such 
compensation has been thus fixed by the auditor and approved by the court 
below, and the exercise of its power has been discreetly used, the appellate 
court has no disposition to interfere even if it had the power. 
(Pa.) Taylor's Estate (1896), 3 Pa. Super. Ct. 275. 

A party contracting to furnish the testimony at a hearing before the 
Interstate Commerce Commission at a specified sum per folio is entitled 
to recover, though the transcript of the testimony was returned to the party 
within a reasonable time; and such contract is binding on both parties as 
against the objection that one of them did not understand the meaning of 
the word "folio;" but if the minds of the parties did not meet as to the 
meaning of such word, the party rendering the service could recover the 
reasonable value thereof. 

(Tex.) Law Eeportlng Co. v. Texas Grain & Elevator Co. (1914), 
168 S. W. (Tex. Civ. App.) 1001. 

Rev. Codes, § 6248, providing if proper rooms in which to hold the Su- 
preme Court and for the accommodation of its oflBcers are not provided the 
Supreme Court may make provision therefor, furnishes a mode, in the ab- 
sence of other statutes, by which provision may be made for a court stenog- 
rapher and for his compensation. 

(Mont.) State v. Cunningham (1909), 39 Mont. 165, 101 Pac. 962. 

For attending before an examiner under the Act of May 24, 1887, the 
sum of $5.00 a day is a reasonable compensation. 

(Pa.) Drinkhouse's Estate (1892), 1 Pa. Dist. R. 92, 11 C. C. R. 145. 

Where, on an accounting before a commissioner, a deposition was taken 
by a stenographer, a per diem fee and an allowance for transcribing should 
be made for the stenographer's services. 

(Ky.) Co-Operative Mfg. Co. v. Rusohe (1907), 30 Ky. Law Rep. 
790, 99 S. W. 677. 

The compensation of a stenographer appointed in a Federal Court as a 

special examiner in chancery, when no special contract in regard thereto 

is made and when there is no statute covering the same, should be allowed 

at the same rate as stenographer's charges are allowed in the state courts. 

(U. S.) Indianapolis Water Co. v. American Straw Board Co. 

(1895), 65 Fed. (C. C.) 534. 

When a judge of the city court is allowed by statute to appoint a sten- 
ographer on the same terms as the circuit court, and there is no direct pro-' 
vision for his compensation, a stenographer so appointed shall receive the 
same compensation and be paid in the same manner as a stenographer of 
the circuit court. 

(111.) Andel v. People (1902), 106 111. App. 558. 

202 



COMPENSATION 6A 3 

A stenographer employed by a judge of the Common Pleas to make 
typewritten copies of his opinions rendered in cases pending before him, 
and also to take and transcribe testimony In the Juvenile Court, is entitled 
to recover reasonable compensation from the county, though not provided 
for by special appropriation, or by Act of the Assembly. 

(Pa.) Rosenthal v. Luzerne County (1903), 12 Pa. D. R. 738, 11 
Kulp 183. 

6A 4 — Amount — When fixed by Court. 

The compensation of official stenographers is often fixed by the court 
under authority conferred upon it by statute. 

(Cal.) Ex parte Reis (1883), 64 Cal. 233, 30 Pac. 806; McAllister 
V. Hamlin (1890), 83 Cal. 361, 23 Pac. 357. 

(111.) People ex rel v. Raymond (1900), 186 111. 407, 57 N. B. 1066. 
(N. J.) Knight v. Ocean County Freeholders (1887), 49 N. J. Law 
485, 12 Atl. 625. 

(Tex.) Cox v. Patten (1902), 66 S. W. (Tex. Civ. App.) 64. 

The superior court of San Francisco has power to fix and order paid 
the compensation of its reporters in a criminal case. 

(Cal.) Ex parte Reis (1883), 64 Cal. 233, 30 Pac. 806; People v. 
Becker (1884), 66 Cal. xviii, 4 Pac. 942. 

6A 5— Amount — In General. 

When an official stenographer is removed by a judge because he fails 
to personally attend to his duties, he cannot recover compensation for serv- 
ices between the time the charges are preferred and the order for his re- 
moval founded on the charges is made, when during such time he neither 
attended nor offered to attend court except by a deputy. 

(Mo.) State ex rel v. Slover (1892), 113 Mo. 211, 20 S. W. 790. 

A claim of each of said commissioners for the amount expended for 
the services of a stenographer to report the proceedings of the commission 
must be disallowed. 

(N. T.) Matter of Board of Water Supply (1912), 78 Misc. 436, 139 
N. T. S. 595. 

Under a statute giving a stenographer a salary for each week or part 
of a week in which court is held, an official stenographer of a circuit court 
who is present when court is opened, is entitled to a week's salary, although 
upon the petition of the citizens the term is pretermitted. 

(Miss.) Wood v. Chickasaw Co. (1905), 85 Miss. 120, 37 So. 642. 

Under § 313 of the old code an oral agreement between parties to a 
reference entered by the stenographer upon his minutes allowing the referee 
to fix his own compensation was not an agreement in writing for any other 
rate than that prescribed. 

(N. T.) First Nat. Bank v. Tamajo (1879), 77 N. T. 476. 

Large stenographer's fees are not to be commended. 

(N. T.) Halbert v. Gibbs (1897), 16 App. Div. 126, 45 N. T. S. 113. 

6A 6 — Amount — Per Diem. 

An official stenographer is only entitled to the per diem allowance cer- 
tified to by the judge for attendance in taking testimony, and furnishing a 
transcript to the parties. He is not entitled to compensation for transcript 
furnished to the court. 

(N. J.) Knight v. Chosen Freeholders of Ocean County (1886), 48 
N. J. Law 70, 3 Atl. 344. 

203 



6A 6 SHORTHAND BEPOETEES 

A stenographer is not entitled to pay for attendance before a referee 
on days when adjournments are had, unless there is a special agreement 
to that effect. 

(N. T.) Matter of Maritch (1899), 29 Misc. 270, 61 N. T. S. 237; 
Blanck v. Spies (1900), 31 Misc. 19, 62 N. T. S. 1039. 

On a reference the stenographer was permitted to take the testimony 
upon the typewriter and thus prolong the hearing and increase the per diem 
of both the referee and himself largely in excess of what it otherwise would 
have been. The court denounced it as a practice that finds no sanction or 
authority in the law and as in open and flagrant violation of the rights of 
litigants whose disbursements are necessarily large enough without being 
increased by constructive and unauthorized fees. 

(Or.) Thomas v. Thomas (1893), 24 Or. 251, 33 Pac. 565. 

6A 7 — Amount — For Furnishing Transcripts. 

An official stenographer is only entitled to the per diem allowance certi- 
fied to by the judge for attendance in taking testimony, and furnishing a 
transcript to the parties. He is not entitled to compensation for transcript 
furnished to the court. 

(N. J.) Knight v. Chosen Freeholders of Ocean County (1886), 48 
N. J. Law 70, 3 Atl. 344. 

When a criminal case results in conviction, a judge of the superior court 
may allow compensation to a stenographer for the time occupied in making 
a transcript, but he cannot do so if there is a mistrial. 

(Ga.) Ragland v. Palmer (1894), 93 Ga. 777, 21 S. E. 145. 

A stenographer who is entitled to a per diem for taking testimony, is 
not entitled in addition thereto to be paid by the folio for transcribing such 
testimony. 

(Ga.) Henderson v. Parry (1893), 93 Ga. 255, 20 S. B. 107. 

A stenographer is not entitled to his fees for a transcript of the evi- 
dence taken upon a preliminary examination of a person charged with lar- 
ceny, where the accused was discharged. 

(Cal.) Mattingly v. Nichols (1901). 133 Cal. 332, 65 Pac. 748. 

In a criminal case where there is no conviction a transcript of the evi- 
dence need not be recorded, and the process of taking down the testimony 
Is therefore complete without transcribing the notes, and the stenographer's 
compensation should be limited to the time occupied in taking down the 
evidence. 

(Ga.) Henderson v. Parry (1893), 93 Ga. 775, 21 S. E. 144. 

Although the constitution of a state provides that "a writ of error shall 
be a writ of right in all cases of felony," nevertheless an official stenog- 
rapher may be allowed by statute to charge a fee for a transcript of the 
record in such a case. 

(Neb.) State v. Moore (1878), 8 Neb. 22. 

A stenographer employed by the accused to take down the evidence 
and the bills of exception cannot be compelled to furnish a copy of his notes 
without being paid therefor. 

(La.) State v. Vicknair (1906-7), 118 La. 963, 43 So. 635. 

6A 8 — Amount — Mileage, When Aiiowed. 

A stenographer, when required by the judge appointing him to attend 
court outside of the circuit for which he is appointed, is entitled to recover 
mileage. 

(S. D.) Underwood v. Lawrence Co. (1894), 6 S. D. 5, 60 N. W. 147. 

204 



COMPENSATION 6A 8 

Laws of 1907, Ch. 74, § 15, allowing a court reporter his actual traveling 
expenses in attending the district court away from his official residence, 
authorizes an allowance for his board and lodging at the place where the 
court Is held. 

(Ariz.) Van Veen v. County of Graham (1910), 13 Ariz. 167, 108 
Pao. 252. 

Under a statute allowing the official stenographer of a circuit court in 
counties having 45,000 inhabitants or less, all sums actually expended by 
him in necessary hotel and traveling expenses while attending any term 
of court or while engaged in going to and from such term of court, an offl- , 
cial stenographer cannot be allowed pay for railroad fare which he paid in 
work for the attorney of the road instead 6f in money. 

(Mo.) state ex rel v. Woodside (1905), 112 Mo. App. 451, 87 S. W. 8. 

Under the laws of 1899, p. Ill, a district judge could contract to pay 
mileage to his stenographer at ten cents a mile, to be certified to the state 
auditor. The constitution provides for a board of examiners. R. S. 1898, 
§ 946, provides that the state auditor cannot draw warrants until approved 
by the board of examiners. HelA, that the claim for mileage was one that 
must be approved by the Board of Examiners. 

(Utah) state ex rel v. Edwards (1908), 33 Utah 243, 93 Pao. 720. 

Under the laws of 1907 provision was made for payment of mileage to 
officers for the amount actually paid out. Held, not to apply to contracts 
for the payment of stenographers' mileage authorized by §§ 721-2, Comp. 
Laws 1907, and that stenographers should receive ten cents a mile traveled 
without reference to the amount actually paid out. The limitation in the 
appropriation bill to amount actually paid out did not modify or repeal 
§ 722 supra. 

(Utah) State ex rel v. Cutler (1908), 34 Utah 99, 95 Pao. 1071. 

Code of Civ. Pro., § 274, relating to compensation of court reporters, 
does not authorize payment of their traveling expenses in civil cases. 
(Cal.) Irrgang v. Ott (1908), 9 Cal. App. 440, 99 Pao. 528. 

6A 9 — Amount — Facts Considered in Determining. 

In an action by an official court Stenographer for services in making a 
transcript of his notes, evidence that the transcripts were also used in a 
second trial of the same case is admissible. 

(Ind.) Miller v. Palmer (1900), 25 Ind. App. 357, 58 N. E. 213. 

In determining the compensation to be paid for the services of an offi- 
cial court stenographer in transcribing his notes, evidence as to how much 
defendant paid his attorney is inadmissible. 

(Ind.) Miller v. Palmer (1900), 25 Ind. App. 357, 58 N. E. 213. 

In an action by a stenographer to compel the payment of his fees by 
the county, as required by statute, the fact that his services have been paid 
by the Goebel Reward commission is immaterial. 

(Ky.) Polsgrove v. Walker (1904), 26 Ky. Law Rep. 938, 82 S. W. 
979. 

In an action by an official court stenographer for services rendered in 
making a transcript of his notes, evidence of an agreement between de- 
fendant and his attorney, to the effect that the attorney should pay all ex- 
penses, and that the sum defendant had paid another reporter for services 
to his attorney was deducted from his attorney's fee Is inadmissible. 
(Ind.) Miller v. Palmer (1900), 25 Ind. App. 357, 58 N. E. 213. 

205 



6A9 SHOKTHAND BEPOETEBS 

If a referee finds it necessary to employ a stenographer, and there ia 
no statutory provision for his compensation, the court may consider that 
fact in determining the compensation to be paid to the referee. 

(Okla.) Cummins v. Robinson (1894), 2 Okla. 494, 37 Pao. 1064. 

In an action to compel the fiscal court to obey an order of the circuit 
court in regard to the payment of a person appointed official stenographer 
to take the evidence and make a transcript, an objection that such person 
is not the regular official stenographer, and that If the claim was paid the 
allowance for stenographic work might exceed $1,200, the limit allowed by 
statute to be paid the official stenographer, unless such complaint is made 
by the official stenographer, it is of no value. 

(Ky.) Polsgrove v. Walker (1904), 26 Ky. Law Rep. 938, 82 S. W. 
979. 

To sustain an implied contract to pay a stenographer twenty-flve cents 
a folio, for transcribing testimony upon a reference, he must show that his 
services were reasonably worth that sum. 

(N. T.) Eckstein v. Sohlelmer (1909), 62 Misc. 635, 116 N. T. S. 7. 

Though no agreement Is entered on the record, when a stenographer 
is employed by the auditor without objection, and makes a transcript for 
the use of the exceptants, and his services have resulted in diminishing 
the per diem allowance of the auditor to an extent greater than his own 
charge, an objection to the allowance of his fees will not be sustained. 
(Pa.) Pearson's Est. (1901), 8 North Co. (Pa.) 23. 

The consent of the parties interested may fairly be inferred from their 
failure to object, and their acceptance and use of copies of the stenographer's 
notes. 

(Pa.) Commonwealth v. Lancaster Co. etc. Ins. Co. (1897), 1 Dauph. 
Co. (Pa.) 222, 16 Lane. L. Kev. 60, 

Bankruptcy Act 1898, § 38, subd. 5, does not apply to hearings on the 
examination of the bankrupt where the testimony of an alleged bankrupt 
was taken before a special commissioner at the request of the receiver by 
a public law stenographer who charged twenty cents a folio for the testi- 
mony, and the bill could only be allowed and paid out of the bankrupt's 
estate after its approval by the receiver and proof that the examination 
was necessary and resulted in benefit to the estate. 

(U. S.) In re Stark (1907), 155 Fed. (D. C.) 694, 18 Am. B. R. 467. 

6A 10 — Amount — Effect of Custom Upon. 

A custom among stenographers estimating the number of folios to a 
page will not prevent a reduction of their charges when an actual count 
shows a smaller number of folios. 

(Mich.) Maltby v. Plummer (1889), 73 Mich. 539, 41 N. W. 683. 

(N. T.) Wright V. Nostrand (1879), 58 How. Pr. (N. T.) 184. 

An alleged custom among lawyers to pay from fifteen to twenty cents 
per folio, not known to one of the attorneys. Is not sufficiently established 
to presume an agreement to pay twenty cents a folio, the statutory rate 
being ten cents. 

(N. T.) Cavanagh v. O'Neill (1897), 20 Misc. 233, 45 N. T. S. 789. 

The custom of unofficial stenographers to charge twenty-five cents a 
folio for transcribing testimony upon a reference, instead of ten cents, the 
rate allowed to official stenographers under Code Civ. Pro., § 3311, is un- 
reasonable and cannot be enforced, though this section of the code applies 
only to official stenographers. 

(N. T.) Eckstein v. Schlelmer (1909), 62 Misc. 635, 116 N. T. S. 7. 

206 



COMPENSATION 6A 10 

A cuBtom among stenographers of computing two and one-half folios to 
a page will not prevail in estimating the number of folios of a transcript 
for the taxing of costs. 

(Mich.) Maltby v. Plummer (1889), 73 Mich. 539, 41 N. W. 683. 
Where the statute regulating official stenographers makes it their duty 
to prepare a transcript in narrative form when requested by a party to the 
suit, and fixes the compensation therefor, and such transcript is furnished 
to the attorney of a party in response to a demand therefor, the stenog- 
rapher is entitled to his fees, even if the custom and practice of the courts 
make the preparation of a statement of facts a part of the legal services to 
be rendered by the attorney of the party appealing. 

(Tex.) Jones & Co. v. Smith (1908), 49 Tex. Civ. App. 637, 109 S. 
W. 1111. 

€B Right to Perform and Charge for Outside Services. 

When a statute which sets out the duties of an official stenographer 
does not require his entire time, such stenographer may recover for work 
which does not fall within his official duties and which he has done under 
a special contract. 

(Mich.) Langley v. Hill (1886), 63 Mich. 271, 29 N. W. 709. 

When a statute sets out a certain compensation for a court stenog- 
rapher Eind also provides for certain services, the compensation only covers 
such services, and additional services, such as furnishing transcripts when 
ordered by the court, may be charged for. 

(Pa.) Lehigh County v. Meyer (1883), 102 Pa. 479. 

Contract by assembly stenographer appointed under Legislative Law, 
S 7, for work outside her official duty, held not against public policy. 
(N. T.) Temple v. Brooks (1915), 151 N. T. S. 191. 

6C Right to Demand Payment in Advance.. 

A stenogi^pher may demand payment of his fees or satisfactory se- 
curity before performance of the services requested. 

(Ind.) Merrick v. State (1878), 63 Ind. 327. 

(Mo.) State ex rel v. WofEord (1895), 126 Mo. 435, 29 S. W. 152. 

(Neb.) State v. Moore (1878), 8 Neb. 22. 

(N. Y.) Guth v. Dalton (1880), 58 How. Pr. (N. T.) 289. 

It is discretionary with the court whether or not it will order the testi- 
mony in a criminal case transcribed by the official reporter at the expense 
of the county; and without such order the reporter cannot be compelled to 
transcribe his notes for the defendant unless his fees therefor are tendered 
him. 

(Cal.) Richards v. Superior Court (1904), 145 Cal. 38, 78 Pac. 244. 

Plaintiff in a suit in equity held not entitled to judgment compelling the 
stenographer taking the testimony before the referee to file a transcript 
before payment of the cost of the work. 

(Mo.) Johnson v. Corley (1913), 175 Mo. App. 223, 157 S. W. 876. 

An order will not be made by the supreme court requiring a reporter 
of the district court to prepare a transcript of evidence preliminary to the 
settlement of a bill of exceptions, when the record discloses that a like 
order had been made by the proper district judge upon the precedent con- 
dition that the reporter's legal fees should first be paid, there being shown 
neither a compliance with such order, nor an attempt to review it. 

(Neb.) Argabright v. State (1896), 46 Neb. 822, 65 N. W. 886. 
A Stenographer may require compensation in advance. 

(N. T.) Guth V. Dalton (1880), 58 How. Pr. (N. T.) 289. 

207 



6C SHORTHAND EEPORTEES 

Where a defendant desires to appeal, his counsel should promptly de- 
posit with the court stenographer a sufilcient sum of money to pay for hav- 
ing the notes of the testimony extended, and should then request the trial 
court to make a mandatory order requiring such stenographer to extend 
the notes of the testimony within sufficient time to allow defendant to per- 
fect his appeal within the time required by law. 

(Okla.) Farmer v. State (1911), 5 Okla. Cr. 151, 114 Pac. 753. 

A reporter Is not under any official duty to transcribe testimony, upon 
demand of defendant tried on indictment for a felony and convicted of a 
misdemeanor, where defendant makes no offer to pay such reporter. 
I (Ga.) Rozar v. McAllister (1912), 138 Ga. 72, 74 S. E. 792. 

Mandamus will not lie to compel the official stenographer of a city 
court to furnish to one convicted of a misdemeanor in that court a transcript 
of the notes taken on the trial without having first paid therefor. 
(Ga.) Bowles v. Malone (1912), 139 Ga. 115, 76 S. B. 854. 

A stenographer cannot require compensation before his work is done. 
(N. T.) Wright v. Nostrand (1879), 58 How. Pr. (N. Y.) 184. 

Under Code Civ. Pro., §§ 953-a and 953-b, where a transcript has been 
ordered, the stenographer must file the same without concurrent payment 
of his fees, which do not become due until the approval of the transcript 
by the trial judge. 

(Cal.) GJurich v. Fieg (1911), 160 Cal. 331, 116 Pac. 745. 

An attorney general cannot be compelled by the official stenographer 
to pay his fees in advance. 

(Mont.) State v. Ledwidge (1902), 27 Mont. 197, 70 Pac. 511. 

A court cannot allow compensation to the official stenographer before 
the rendition of the services. 

(Ga.) Ragland v. Palmer (1894), 93 Ga. 777, 21 S. B. 145. 

The court may protect the stenographer by a summary order to an at- 
torney to make payment when such attorney has wrongfully refused to 
pay the legal charges. 

(N. T.) Wright v. Nostrand (1879), 58 How. Pr. (N. T.) 184. 

A court cannot, after a trial has been commenced, refuse to hear one 
of the parties because he refuses to pay his proportion of the stenographer's 
fees. 

(Mich.) Wheaton v. Atlantic Giant Powder Co. (1879), 41 Mich. 
718, 3 N. W. 203. 

When a statute provides for the taxing of stenographer's fees, and that 
no reporter must be required to perform any services in a civil case unless 
his fees have been paid to him or deposited in court, the court has author- 
ity to stay all proceedings in a civil action until the party in whose favor 
a verdict has been rendered pays the fees of the reporter. 

(Cal.) Rhodes v. Spencer (1885), 68 Cal. 199, 8 Pac. 855. 

While a stenographer is not obliged to give his notes to a referee, yet 
if he does so merely for the purpose of examination by the referee and for 
use as a basis of the referee's report, he cannot limit the effect of such de- 
livery, and the referee must file the notes with his report, although the 
fees are unpaid. 

(N. T.) Pope V. Perault (1880), 22 Hun (N. T.) 468. 

Where a stenographer prepared a transcript and filed the same so that 
the judge might consult it, but afterwards withdrew the transcript and held 
the same because the appellant failed to pay therefor, the court can order 
the return of the same to the files. 

(Wash.) State ex rel v. AUyn (1891), 2 Wash. 470, 27 Pac. 233. 

208 



COMPENSATION 60 

When a shorthand reporter has voluntarily taken notes in an action, 
without demanding a deposit from the parties thereto, and the trial has 
terminated and judgment has been entered, he stands in no more favorable 
relation than that of a creditor of the parties to the action for the amount 
of his fees, and a judge has no right to refuse to settle a bill of exceptions 
until the stenographer's fees are paid, and if the judge refuses to settle the 
bill, he will be compelled by mandamus so to do. 

(Cal.) James v. McCann (1892), 93 Cal. 513, 29 Pac. 49. 

6D Liability of Parties for Fees. 

A party ordering a transcript is liable to the stenographer for the fees 
in making the transcript. 

(Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 
(Ind.) Merrick v. State (1878), 63 Ind. 327; Miller v. Palmer (1900), 
25 Ind. App. 357, 58 N. B. 213. 

(Iowa) Godfrey v. McKean (1880), 54 Iowa 127, 6 N. "W. 151. 

(Neb.) State v. Moore (1878), 8 Neb. 22. 

(Pa.) Briggs v. Brie County (1881), 98 Pa. 570. 

Under Sayles Rev. Civ. Stats., Art. 1421, providing that each party to 
any suit shall be responsible to the officers of the court for the costs in- 
curred by himself, a party to a cause on whose motion the stenographer is 
ordered to transcribe the testimony and file the same in order that such 
party may prepare a statement of facts, is liable for the cost of transcrib- 
ing the notes. 

(Tex.) Allen v. Hazzard (1903), 33 Tex. Civ. App. 523, 77 S. W. 268. 

Where a court reporter furnishes copies during the trial at an attor- 
ney's request, and the client knows that they are being used by his attorney, 
he is liable therefor. 

(Ind.) Palmer v. Miller (1898), 19 Ind. App. 624, 49 N. B. 975. 

The liability of a party ordering a transcript to pay for the same is not 
affected by the fact that he did not know that he was to pay for the tran- 
script in addition to the stenographer's salary. 

(Ind.) Miller v. Palmer (1900), 25 Ind. App. 367, 58 N. E. 213. 

Upon a special proceeding all the parties thereto are liable for a sten- 
ographer's fee. 

(N. T.) Bottome v. Alberst (1905), 47 Misc. 665, 94 N. T. S. 348. 

Where an attorney is employed to conduct litigation for the protection 
of the property of a corporation, he has authority to bind the corporation 
for the payment of necessary expenses, including stenographer's fees, neces- 
sary to perfect an appeal to a higher court. 

(S. D.) Piloher v. Sioux City Safe Co. (1899), 12 S. D. 52, 80 N. W. 
151. 

On the trial of a case before defendant as referee the salaried stenog- 
rapher of his firm was by stipulation employed as stenographer to report 
and transcribe the testimony, his compensation to form part of the ref- 
eree's fees and to be taxed as such. There were nine sessions at which 
testimony was taken, and the referee's and stenographer's fees were taxed 
in bulk at $300. The referee accepted $275 in full payment and sent the 
stenographer a check for $50 for services, which was refused and returned. 
In an action by the assignee of the stenographer's claim for fees it was 
shown that the value of the services was $183.37, and that the referee's 
statutory fees amount to $90. Held, that it not appearing that the stenog- 
rapher was consulted as to the reduction of the referee's fees or consented 
thereto, plaintiff was entitled to recover the full amount sued for. 

(N. T.) Pouoher v. Paber (1905), 46 Misc. 596, 92 N. T. S. 870. (See 
opinion on Hrst trial, 1904, 90 N. T. S. 385.) 

209 



6D SHOBTHAND BEFOBTEBS 

A client is liable to a stenographer for his fees, even where his attorney 
contracts to pay a higher price than the client authorized the attorney to 
pay. 

(Cal.) Whitton v. Sullivan (1892), 96 Cal. 480, 31 Pac. 1115. 

Where an unofficial reporter consents that his fees on a reference hear- 
ing be made a part of the referee's fees, and the referee forfeits his fees 
under Code Civ. Pro., § 1019 by failing to file his report in time, the stenog- 
rapher's fees are forfeited, his remedy being against the referee. Though 
generally litigants are liable to the referee and the stenographer for their 
services under a reference, the liability may be avoided by express contract 
or by stipulation. 

(N. Y.) Bottome v. Neeley (1909), 194 N. T. 575, 88 N. E. 1115. 
(Afflrming 124 App. Div. 600, 109 N. T. S. 120, and 64 Misc. 268, 104 N. 
T. S. 429.) 

An administrator brought a proceeding to recover certain papers alleged 
to belong to the estate, and the committee of an incompetent person who 
was interested In the estate appeared on a motion for the appointment of a 
referee, and took part in the reference. Held, that such committee was 
liable for the fees of the stenographer. 

(N. T.) Bottome v. Alberst (1905), 47 Misc. 666, 94 N. T. S. 348. 

A stenographer employed to take the official report of a reference and 
to furnish copies of the same has a Joint claim against all the parties, unless 
there is an express agreement to the contrary. 

(N. T.) Adams v. N. T. etc. E. R. Co. (1888), 20 Abb. N. C. 180; Mac- 
vey V. Metropolitan El. R. Co. (1892), 64 Hun 634, 46 N. T. S. R. 367, 
19 N. T. S. 133. 

A stenographer employed by a referee to take testimony can sue 
either party to a reference for his fees, because a joint and several promise 
to pay is Implied by law against both parties through the acceptance of his 
services, and this promise is not negatived by the terms of the order of 
reference charging the expense to the defeated party, unless he knew of 
these terms before the reference. 

(N. T.) Eckstein v. Schleimer (1909), 62 Misc. 635, 116 N. T. S. 7. 

Where the parties to a reference agreed that the fees of the stenog- 
rapher should be taxed with the referee's costs, they are jointly liable to him, 
and an action against only one of them will not lie for defect of parties. 
(N. T.) Finch v. Wells (1910), 66 Misc. 384, 123 N. T. S. 667. 

In an action by a stenographer for services alleged to have been ren- 
dered to two defendants jointly at hearings before an auditor in actions 
which the defendants had brought against each other, if it appears that 
when the plaintiff was employed the defendants had agreed with each 
other that each of them should pay only one-half of her bill, but the plaintiff 
testified that she was ignorant of this arrangement and that, although she 
understood in a general way that the parties would divide her bill, she did 
not agree to look to each of them for only one-half of it, it is a question for 
the jury whether there was a joint contract under which each defendant is 
liable for the whole amount of the bill. 

(Mass.) Knowlton v. Parsons (1908), 198 Mass. 439, 84 N. E. 798. 

A party's instruction to his attorney not to employ a stenographer will 
not prevent a recovery by the stenographer where he has no knowledge of 
the limitation of the attorney's authority. 

(N.T.) Thornton v. Tuttle (1887), 20 Abb. N. C. 308, 7 N. T. S. R. 
801. 

210 



COMPEIfSATION 6D 

An attorney for a party has implied authority to bind his client by the 
employment of a stenographer to take and write out the testimony of wit- 
nesses upon the reference of a special issue. 

(N. Y.) Thornton v. Tuttle (1887), 20 Abb. N. C. 808, 7 N. T. S. R. 
801. 

An attorney has power to bind a client for the payment of stenographer's 
and referee's fees. 

(N. T.) Bottome V. Neeley (1907), 54 Misc. 258, 104 N. T. S. 429. 

In a proceeding to have one declared an incompetent, the alleged 
incompetent Is not liable for stenographic services at such proceeding by an 
unofficial reporter employed by petitioner, in the absence of contract, and 
in such case the mere failure to object or protest to such employment does 
not amount to an implied contract. 

(N. T.) Carpenter v. Hammond (1910), 68 Misc. 438, 125 N. T. S. 31. 

A Stenographer's right to recover from a party is not affected by the 
direction in the order of reference that the testimony shall be taken at 
the expense of the opposite party, even though he knows of such direction. 
(N. T.) Thornton v. Tuttle (1887), 20 Abb. N. C. 308, 7 N. Y. S. R. 
801. 

In the absence of a special agreement, all the parties to an action are 
jointly liable to an official stenographer employed to take the official record 
of proceedings before a referee and furnish the parties with copies of the 
testimony. 

(N. Y.) Adams v. N. Y. etc. R. R. Co. (1888), 20 Abb. N. C. 180. 

Where the parties agree that the "successful party" shall pay the whole 
amount of the stenographer's bill, the party who prevails upon a reference 
and takes up the referee's report and enters judgment thereon, with costs. 
Including the stenographer's bill, is the successful party within the agree- 
ment, and is alone liable for the full amount, although the judgment is 
modified on appeal, so that no costs can be taxed by either party. 

(N. Y.) Adams v. N. Y. etc. R. R. Co. (1888), 20 Abb. N. C. 180. 

Where a reporter was selected by agreement of the parties on a ref- 
erence of a partnership accounting, and the court taxed one-half of the 
costs against each party, the reporter cannot recover all of his fees, in the 
absence of a special contract to that effect, from the successful party, the 
defeated party being insolvent, under Code § 3855 providing "that all costs 
accrued at the instance of the successful party which cannot be recovered 
of the other party may be recovered on motion by the person entitled to 
them against the successful party." 

(Iowa) Cole v. Gates Lumber Co. (1906), 131 Iowa 189, 108 N. "W. 
235. 

Where a stenographer is called in by a referee to take the testimony 
on a motion for alimony, and transcribes copies at the request of both par- 
ties, both are jointly liable for the fees, irrespective of any agreement be- 
tween the parties of which the stenographer had no notice, and the payment 
of one-half does not discharge the party. 

(N. Y.) Coale v. Suckert (1896), 18 Misc. 76, 75 N. Y. S. R. 973, 41 
N. Y. S. 683. 

Appellee as reporter made a transcript in the case which appellant used 
as a part of his bill of exceptions. Held, that whether appellant formally 
ordered the transcript or not, he was obliged to pay for it. 

(Ky.) Marks v. Graham (1881), 2 Ky. Law Rep. 222. 

Evidence of two witnesses besides plaintiff, that plaintiff, who took 
notes of the evidence in the case, was requested to do so by the defendant, 
justifies the court, in an action to recover for taking shorthand notes of the 

211 



6D SHORTHAND EEPOETEES 

evidence, in making an order nunc pro tunc, directing the reporter to take 
the notes at the trial, although the defendant denied making the request. 

(Ky.) Sebree v. Rogers (1907), 31 Ky. Law Eep. 476, 102 S. W. 841. 

The attorneys In a case agreed to employ a stenographer and the 
agreement was entered upon the record. By a later agreement also entered 
upon the record, they agreed that the lees should be paid out of the estate 
in litigation. Held, that the stenographer was not bound by this agreement 
as she was not a party thereto, and that she could recover her fees from 
the parties to the action. 

(N. T.) Query v. Cooney (1901), 34 Misc. 161, 68 N. T. S. 800. 

One convicted of felony must pay for a transcript, in the absence of a 
statute allowing him a free transcript or a transcript at the expense of the 
county. 

(Neb.) State v. Moore (1878), 8 Neb. 22. 

Evidence is as necessary to prove a stenographer's contract as any 
other contract. 

(N. T.) Thornton v. Rogers (1894), 75 Hun 243, 58 N. T. S. R. 611, 
27 N. T. S. 50. 

Where the appellee was, by order of the circuit court, appointed official 
stenographer, and for his services an allowance was made and ordered to 
be certified to the fiscal court for payment, the fiscal court will not be per- 
mitted to say that the county had no notice of any motion or proceeding 
requiring it to pay the account, where it had actual notice and a hearing of 
the motion to set aside the allowance; and moreover, §§4367 to 4645, Ky. 
Stats, do not require notice. Where the commonwealth's attorney and the 
county attorney were both present at the trial and availed themselves of 
the transcript, it is no objection to such claim that the records fail to show 
that they requested the services of appellee as reporter. 

(Ky.) Polsgrove v. Walker (1904), 26 Ky. Law Rep. 938, 82 S. W. 
979. 

To sustain an implied contract to pay a stenographer twenty-five cents 
a folio for transcribing testimony upon a reference, he must show that his 
services were reasonably worth that sum. 

(N. T.) Eckstein v. Schleimer (1909), 62 Misc. 635, 116 N. T. S. 7. 

When a stenographer is requested to furnish a transcript within 90 
days, although the time limit for filing a bill of exceptions is 80 days, the 
stenographer may recover from the party requesting the transcript. 

(Ind.) Arcana Gas Co. v. Moore (1894), 8 Ind. App. 482, 36 N. B. 46. 

A claim for stenographer's services in connection with a hearing before 
a referee prior to the bankruptcy proceedings, may be proved and allowed 
against the bankrupt's estate. 

(U. S.) In re J. B. Brewster & Co. (1910), 103 C. C. A. 42, 180 Fed. 
109. 

Under the provisions of the Sundry Civil Appropriation bills of 1894 
and 1895 (27 St. 609, 28 St. 417), the attorney general has power to authorize 
the employment by the district attorney of a stenographer to assist in pre- 
paring indictments, and the government is liable for the compensation of 
such stenographer. 

(U. S.) United States v. Denison (1897), 25 C. C. A. 496, 80 Fed. 370. 

A stenographer must look to the master for his fees, not to the parties, 
or either of them. 

(111.) Sclinadt v. Davis (1900), 185 111. 476, 57 N. B. 652. 

212 



COMPENSATION ' 6E 

6E Liability of Attorneys for Fees. 

Unless an attorney expressly binds himself he will not he held person- 
ally liable for the compensation of a stenographer in a cause. 

(Cal.) Whitton v. Sullivan (1892), 96 Cal. 480, 31 Pao. 1115. 

(Ind.) Miller v. Palmer (1900), 25 Ind. App. 357, 58 N. B. 213. 

(N. T.) Bonynge v. Field (1880), 81 N. T. 159; Harry v. Hilton 
(1882), 64 How. Pr. 199, 11 Abb. N. C. 448, 11 Daly 232; Eyan v. Rand 
(1887), 20 Abb. N. C. 313, 9 N. T. S. R. 523; Coale v. Suckert (1896), 
18 Misc. 76, 75 N. T. S. R. 973, 41 N. T. S. 583; Tyrrel v. Hammerstein 
(1900), 33 Misc. 505, 67 N. T. S. 717; Query v. Cooney (1901), 34 Miso. 
161, 68 N. T. S. 800. 

In the absence of an agreement that the attorney will be liable therefor, 
a stenographer cannot recover from the attorney the cost of a transcript 
furnished such attorney for his client. 

(N. Y.) Bonynge v. Waterbury (1878), 12 Hun 534; Sheridan v. 
Genet (1878), 12 Hun 660. 

When a stenographer is employed by the attorney for a receiver to act 
in a reference ordered by the court, and the stenographer knows that the 
attorney is in fact the attorney for the receiver, the receiver is individually 
liable and the attorney is under no personal liabilities. 

(N. Y.) Ryan v. Rand (1887), 20 Abb. N. C. 313, 9 N. Y. S. R. 523. 

The court will not compel an attorney to pay an examiner's fees for 
taking testimony, but will leave the latter to his remedy at law. 
(N. Y.) Curtis v. Bngle (1842), 4 Edw. Ch. (N. Y.) 121. 

In an action by a stenographer against an attorney for his fees, evidence 
of a custom between them by which the attorney paid such fees is Inad- 
missible, and the usual rule of agency applies. 

(N. Y.) Bonynge v. Field (1880), 81 N. Y. 169. 

An attorney who directed an official reporter to prepare a bill of excep- 
tions, and who made no claim that he had authority to bind his client to 
pay therefor, was liable for the value of said services; but where the report- 
er sued the client for same under a mistaken belief as to the law, the 
reporter could not recover from the attorney the expense in unsuccessfully 
prosecuting the suit against the client. 

(Colo.) Bloomneld v. Nevitt (1913), 24 Colo. App. 91, 131 Pac. 801. 

6F Liability of Public Bodies for Fees. 

When by statute a county is required to pay a court stenographer, the 
county cannot refuse payment upon the ground that the council or other 
board has made no appropriation for such purpose. 

(Pa.) Wilson v. City of Philadelphia (1883), 14 "Wkly. Notes Cases 
74. 

For attending court and taking notes, an official stenographer should 
be paid out of the public treasury, but for a transcript of the notes, unless 
it la ordered by the court or unless a statute requires the making and filing 
of the same, a county is not liable, and it cannot be made liable by any 
action of the counsel in the case. 

(Pa.) Briggs v. Brie County (1881), 98 Pa. 570; Lehigh County v. 
Meyer (1883), 102 Pa. 479. 

Under a statute providing that a stenographer shall be paid for his 
services before an examining magistrate out of the treasury of the county, 
upon the certificate of the magistrate, the county auditor must draw a war- 
rant on the county treasurer for such compensation upon the certificate of 
the magistrate, without the same having been passed upon by the board 

213 



6F SHORTHAND BEPORTBBS 

of Bupervisors, although the supervisors are compelled by law to examine 
and settle all accounts against the county except the salaries of officers. 
(Cal.) McAllister v. Hamlin (1890), 83 Cal. 361, 23 Pac. 357. 

When the legislature has made no appropriation to pay for the services 
of a stenographer, the Comptroller is not authorized to draw his warrant to 
pay the salary. 

(Tex.) Pickle v. Flnley (1898), 91 Tex. 484, 44 S. W. 480. 

When a statute provides for a special stenographer's fund and that the 
fees of the stenographer are to be paid out of the fund, and there Is not 
enough money in the fund to pay a stenographer's salary, a county is not 
liable for the payment of the stenographer's salary out of the general rev- 
enue or any other fund. 

(Ark.) Franklin County v. McRaven (1900), 67 Ark. 562, 55 S. W. 
930; Dunn v. Ouachita Valley Bank (1902), 71 Ark. 135, 71 S. W. 265. 

The Stenographer of the New York Surrogate's Court, under the act of 
1865, is not limited in collecting his salary to the fees paid by that court 
Into the county treasury; if such fees are Inadequate, the excess is a county 
charge. 

(N. T.) Munson v. New York (1878), 57 How. Pr. 497. 

When a statute makes a city liable for a transcript taken in a homicide 
ease, and in a suit by a stenographer it is stipulated that the transcript was 
furnished pursuant to statute, a judgment for the stenographer is not jus- 
tified, as such stipulation does not show that the transcript was furnished 
in a homicide case. 

(N. T.) Baker v. City of N. T. (1900), 56 App. Div. 350, 67 N. T. 
S. 814. 

The circuit clerk is liable on his official bond for the amount of the 
stenographer's fees in counties having 45,000 Inhabitants or less, which he 
is required to tax, if he has failed and neglected to tax up such fees against 
ths party litigant. 

(Mo.) State ex rel v. Gideon (1900), 158 Mo. 327, 59 S. W. 99. 

And it seems that an action for such failure must be maintained by 
the state at the relation of the county. 

(Mo.) state ex rel v. Gideon (1900), 158 Mo. 327, 59 S. "W. 99. 

It is not necessary to the payment of a claim for the services of a 
phonographic reporter fixed by the court pursuant to law, that it must have 
been presented to the auditor, nor is it necessary that the court's order 
shall name the fund out of which it is to be paid, as it is payable out of 
the general fund. 

(Cal.) Stevens v. Truman (1899), 127 Cal. 155, 59 Pac. 397. 

The attorney general employed a stenographer in a certain litigation, 
and the stenographer contlniied to perform his duties under the successor 
of the attorney general. Afterwards the legislature appropriated money to 
pay for expenses in the office, including the stenographer's services. Held, 
a ratification of the entire contract, although the moneys so appropriated 
were used for other purposes. 

(N. T.) Carroll v. State (1910), 68 Misc. 41, 124 N. T. S. 888. 

6G For Services before Coroners. 

Under the consolidated Act of 1889 stenographers appointed by the 
board of coroners were to be paid for transcripts made by order of such 
board. The Greater New York City charter provides that coroners' stenog- 
raphers shall transcribe the proceedings taken before a jury in a coroner's 
court, but provides no compensation therefor. It is further provided In said 

214 



COMPENSATION 6G 

charter that the consolidated act was only repealed when inconsistent with 
the charter. Held, that a stenographer of the board of coroners could re- 
cover from the city for a transcript furnished to the district attorney, as 
such provision was not repealed by* said charter. 

(N. T.) Baker v. City of New York (1900), 56 App. Dlv. 350, 67 N. 
T. S. 814. 

The provision in the Greater New York City charter which provides 
that the salaries of all officers whose offices are created by the municipal 
assembly shall be fixed by such assembly, does not apply to stenographers 
of coroners. 

(N. T.) Baker v. City of New York (1900), 56 App. Div. 350, 67 
N. T. S. 814. 

When a stenographer takes down testimony before a coroner at the 
request of the county attorney, and his services are necessary to assist 
such officer, his fees should be allowed. 

(Mich.) Turner v. Smith, Calhoun Circuit Judge (1894), 101 Mich. 
212, 59 N. W. 398. 

The district attorney of New York county cannot incur an indebtedness 
on behalf of the City of New York for stenographer's fees for transcripts of 
testimony taken in the coroner's court, not within the appropriation allowed 
by the Board of Estimate and Apportionment for the conduct of his office. 

(N. T.) Hamburger v. City of N. T. (1910), 66 Misc. 175, 121 N. T. 
S. S16. 

A coroner is not entitled to an allowance for a stenographer. 
(Pa.) In re Inquest of Shaft (1887), 3 Pa. Co. Ct. 10. 

6H Transcripts at Expense of County or State. 

The court may, in a criminal action, when satisfied that the defendant 
is too poor to pay for a transcript, order a transcript to be made and paid 
for by the county, but this is not a matter of right. 

(Ind.) Merrick v. State (1878), 63 Ind. 327; Ex parte Morgan 
(1889), 122 Ind. 428, 23 N. B. 863. 

(Mo.) State ex rel v. Wofford (1894), 121 Mo. 61, 25 S. "W. 851. 
(Mont.) State ex rel v. Sec. Jud. Dist. Ct. (1901), 24 Mont. 566, 63 
Pac. 389. 

A stenographer cannot recover as a county charge for a transcript fur- 
nished, upon a murder trial, to defendant's attorney, under Code Civ. Pro., 
§ 86, nor under Code Crim. Pro., § 456, where the defendant is only convicted 
of murder in the second degree. 

(N. T.) Moynahan v. City of New York (1912), 205 N. Y. 181, 98 
N. E. 482. 

The court stenographer may not, though on order of the court, furnish, 
at the expense of the county, to an attorney assigned to defend a poor per- 
son charged with murder, a transcript of the minutes from day to day 
during the trial. 

(N. Y.) Kenney v. Prendergast (1912), 153 App. Div. 325, 137 N. 
Y. S. 1097. 

In a proper case the court will direct that, at the expense of the county, 
a copy of the stenographer's minutes on the trial shall be made, to which 
the prisoner's counsel may have access. 

(N. Y.) People v. Willett (1885), 3 N. Y. Cr. Rep. 54, 1 How. Pr. 
(N. S.) 196. 

When an attorney was assigned as counsel for accused after proceed- 
ings before the committing magistrate, but was not counsel at the trial of 
joint defendants, he was properly allowed an item of $22 paid for the 
stenographer's minutes before the magistrate and for a transcript of the 

215 



6H SHOETHAND EEPOETEES 

testimony of a witness jointly indicted with accused but separately tried. 
(N. T.) Edwards v. Prendergast (1912), 141 N. T. S. 254. 

Under Code Cr. Pro., § 308, providing counsel appointed for the defense 
in a capital case may he allowed his "personal and incidental expenses," 
allowance may be made for the cost of the stenographer's minutes covering 
earlier steps in the prosecution, but not for typewriting. 

(N. T.) People ex rel v. Prendergast (1913), 80 Misc. 321, 141 N. 
T. S. 255. 

Code Cr. Pro., §§ 456, 458 and 485 do not require the clerk, in a prosecu- 
tion for murder in the first degree, to file with the judgment roll a tran- 
script of the evidence. 

(N. T.) Moynahan v. City of New York (1912), 205 N. T. 181, 98 
N. E. 482. 

In the absence of statute a court has no right to order a transcript at 
the expense of the county to be furnished to the defendant in a criminal 
action, although the court believes the defendant is too poor to pay for the 
same. 

(Neb.) State v. Moore (1878), 8 Neb. 22. 

§ 308, Code Crlm. Pro. providing where counsel is assigned in a capital 
case, the court may allow personal and incidental expenses, does not include, 
without special authorization from the court, the expense of a daily tran- 
script. 

(N. T.) People v. Grout (1902), 37 Misc. 430, 75 N. T. S. 290. 

A justice of the supreme court presiding at a murder trial lasting for 
several days has the inherent power, at public expense, to order a copy of 
the stenographer's minutes when requisite to enable him properly to dis- 
charge the duties imposed upon him, but the powers of the district attorney 
in this respect are prescribed by statute. The stenographer can recover as 
a county charge for transcribing his minutes for the use of the justice, but 
not for a copy voluntarily filed with the clerk. The justice has no inherent 
power to order a copy of the minutes to be supplied defendant's attorney at 
public expense. 

(N. T.) Moynahan v. City of N. T. (1912), 205 N. T. 181, 98 N. E. 482. 

The county commissioners cannot be required or compelled to pay for a 
transcript for the defendant in a criminal case. 

(Wash.) Stowe v. State (1891), 2 Wash. 124, 25 Pae. 1085. 

Act 32 Leg., § 14, p. 268, does not authorize the furnishing of a tran- 
script of the evidence at the expense of the state to an accused who was 
represented by an employed counsel. 

(Tex.) Jackson v. State (1913), 70 Tex. Cr. Rep. 292, 158 S. W. 118S. 

A court cannot in a civil case order a transcript of the stenographer's 
notes at the expense of the county, although the case may involve many 
parties and conflicting rights, and cannot be properly tried without a, stenog- 
rapher. 

(Wash.) State ex rel v. Super. Ct. (1892), 4 Wash. 30, 29 Pac. 764. 

Code Civ. Pro., § 274, providing that in criminal cases fees for reporting 
and for transcripts ordered by the court must be paid out of the county 
treasury on the court's order, does not vest in the court exclusive power to 
order a transcript, and does not deprive the district attorney of authority 
to order a transcript of testimony in a criminal case at the county expense 
when he deemed it necessary, under Stats. 1897, p. 575. 

(Cal.) Tolo County v. Joyce (1909), 156 Cal. 429, 106 Pac. 125. 

The application for an order for a transcript at the expense of the 
county should be made to the trial judge, even though the case is taken to 

216 



COMPENSATION 6H 

another county on a change of venue. If the order is made, the expense Is 
borne primarily by the county of the trial. 

(Iowa) State v. Cater (1899), 109 Iowa 69, 80 N. W. 222. 

Although a judge has some discretion in ordering a transcript at the 
expense of the county, yet if he finds the defendant is unable to pay for it, 
it is an, abuse of discretion to refuse to order it on the ground alone that 
the court believes that the defendant has had a fair trial. 

(Iowa) state v. Robbing (1898), 106 Iowa 688, 77 N. "W. 463; State 
V. Goodsell (1907), 136 Iowa 445, 113 N. W. 826; State v. Harris (1911), 
151 Iowa 234, 130 N. W. 1082. 

A person convicted of murder is entitled on appeal to a transcript of the 
record at the expense of the public on showing that he is without means and 
unable to pay the fees therefor. 

(Wash.) State ex rel v. Fenlmore (1891), 2 "Wash. 370, 26 Pac. 807. 

The discretion of a judge in regard to ordering a transcript at the 
expense of the county is not an absolute discretion, and is reviewable on 
appeal. 

(Iowa) State v. Wright (1900), 111 Iowa 621, 82 N. W. 1013; State 
V. Shaffer (1908), 137 Iowa 93; 114 N. W. 540. 

Under the statute and the particular facts, defendant held not entitled 
to a transcript at the expense of the county. 

(Iowa) State v. Steidley (1907), 133 Iowa 31, 110 N. W. 147; State 
V. Kehr (1908), 137 Iowa 91, 114 N. W. 542; State v. Shaffer (1908), 137 
Iowa 93, 114 N. W. 540; State v. Dewey (1912), 155 Iowa 469, 136 N. 
W. 533. 

The proper remedy for refusal of the circuit court to furnish a poor 
person in a criminal case with a transcript of the evidence at the cost of 
the county, is by application to the Supreme Court for an order requiring 
the court to furnish such transcript. ' 

(Ind.) Miller v. State (1898), 149 Ind. 607, 49 N. E. 894, 40 L,. R. 
A. 109. 

The refusal of the court to furnish a poor person with a transcript of 
the evidence in the trial of a criminal case as provided for by statute, after 
the trial and judgment, is not properly assigned as an error of law occurring 
at the trial. 

(Ind.) Miller v. State (1898), 149 Ind. 607, 49 N. E. 894, 40 L. R. 
A. 109. 

It is discretionary with the court whether or not It will order the tes- 
timony in a criminal case transcribed by the oflBcial reporter at the expense 
of the county. 

(Cal.) Richards v. Superlof Court (1904), 145 Cal. 38, 78 Pac. 244. 

When a defendant fails to make a proper affidavit of Impecuniosity, he 
cannot recover the amount paid for a stenographer's transcript. 

(Utah) Salt Lake City v. Robinson (1911), 39 Utah 275, 116 Pac. 455. 

A Judge may require the notes of the official stenographer to be written 
out at public expense for comparison with the brief of evidence as pre- 
sented by the movants for a new trial; but he has no power to require the 
movant to make up a brief of evidence from the report of the official stenog- 
rapher, or produce the report or a copy of it to be used In verifying the brief. 
(Ga.) Bugg V. State (1913), 13 Ga. App. 672, 79 S. B. 748. 

The superior court in the absence of statute is without jurisdiction to 
order the costs of an appeal prosecuted by a convicted defendant in forma 
pauperis, to be charged against the county and to be paid by the county. 

(Wash.) State ex rel v. Superior Ct. Lewis County (1903), 32 Wash. 
80, 72 Pac. 1028. 

217 



61 SHOETHAND REPORTERS 

61 Free Transcripts. 

§ 2261, R. S. 1909, requires officers of the court to perform their duties 
without fee or award for any party allowed to prosecute an action as a poor 
person, and this section is held to be applicable to court stenographers, as 
well ai other officers of the court; hence it is the duty of the judge, after 
having granted a party permission to sue as a poor person, to order the 
stenographer to furnish such party a transcript of the proceedings at the 
trial without the payment of the fees charged therefor. 

(Mo.) state ex rel v. Hitchcock (1913), 171 Mo. App. 109, 153 S. 
W. 546. 

Under i 4642, Stat. 1903, empowering a judge of a circuit court to require 
the official stenographer "to furnish a transcript upon the motion of any 
party suing in forma pauperis," a person thus suing is entitled to a tran- 
script of the evidence without payment of a fee therefor, and an order of 
the judge refusing to require the official stenographer to file his transcript 
Is reviewable by the Court of Appeals. 

(Ky.) Smith v. Sisters of the Good Shepherd (1905), 27 Ky. Law 
Rep. 1170, 87 S. "W. 1076. 

Where a defendant in a criminal prosecution complied with Acts. 32 
Leg., c. 119, § 8, that on filing proper affidavit the court shall order the offi- 
cial stenographer to make a transcript in duplicate, the neglect of the stenog- 
rapher to comply with an order of the trial judge within the time extended 
to perfect the appeal, will not preclude defendant from having the Court of 
Appeals pass on his case, and it will upon a showing of the stenographer'g 
misconduct make an order for the preparation of the statement. ' 
(Tex.) Jones v. State (1912), 147 S. W. (Tex. Cr. R.) 587. 

Under White's Annotated Code of Crim. Pro., Art. 547, requiring the 
court in capital felony cases to appoint counsel for accused too poor to 
employ counsel, and Acts 32d Leg., c. 264, providing for official court stenog- 
raphers, and requiring them, when an appeal is perfected, to transcribe tes- 
timony, and that where the court appoints an attorney for accused the 
stenographer shall furnish a transcript, the court in a capital felony case, 
where it appoints an attorney for accused because he is too poor to employ 
counsel, must require the official stenographer, when an appeal is perfected, 
to furnish a transcript, and where the court orders the stenographer so to do, 
It must see that the order is complied with. 

(Tex.) Burden v. State (1913), 70 Tex. Cr. Rep. 349, 156 S. W. 1196. 

An accused is entitled to appeal from a conviction without payment of 
the fees of the stenographer or clerk for making up the record, upon a proper 
showing that he is unable to pay such fees. 

(Okla.) Jeffries v. State (1913), 9 Okla. Cr. App. 573, 132 Pac. 828. 

Bill of exceptions held not such a part of the transcript which a court 
reporter is required by Kirby's Dig. §§ 1329-1336, to prepare free of charge, 
as to preclude such stenographer from charging party's attorney therefor on 
agreement. 

(Ark.) Mullett v. Morris (1915), 174 S. W. 1161. 

Under Acts 32d Leg. c. 119, §§5, 8, providing among other things for 
free transcripts by official stenographer, held it was the duty of such stenog- 
rapher to prepare transcript upon request of pauper appellant, and though 
such appellant may prepare a statement of facts Independent of the stenog- 
rapher's notes and transcript, he is not precluded thereby from procuring 
an order to the stenographer to prepare a transcript free of charge. 

(Tex.) Rice v. Roberts (1915), 177 S. W. (Tex. Civ. App.) 149. 

218 



COMPENSATION 6J 1 

6J 1 — Taxation of Fees, When Allowed — In General. 

The fees of official stenographers may he taxed as costs against the 
unsuccessful party. 

(Kan.) Beebe v. Wells (1887), 37 Kan. 472, 16 Pac. 565. 
(S. D.) Ellis V. Wait (1894), 4 S. D. 504, 54 N. W. 925; Novotny v. 
Danforth (189«), 9 S. D. 412, 69 N. W. 585. 

(U. S.) The E. Luckenback (1884), 19 Fed. (D. C.) 847. 

Payments for transcripts are taxable as costs on appeal only where the 
same are essential to the preparation of amendments to the case on appeal. 
(N. T.) Long Island Contracting Co. v. City of N. T. (1910), 142 
App. Dlv. 1, 126 N. T. S. 429. 

The compensation allowed the stenographer should be taxed against 
the losing party, under Rev. Stat. 1895, Arts. 1295-96. 

(Tex.) Klllfoil V. Moore (1898), 45 S. W. (Tex. Civ. App.) 1024. 

Only those costs and expenses incident to trials of criminal cases may 
be taxed as costs which are expressly authorized by Act of Assembly. 

(Pa.) Commonwealth v. Golden (1911), 21 Pa. Dlst. Rep. 546. 

The cost of a transcript of the reporter's notes is properly taxable as 
costs. 

(Iowa) Palmer v. Palmer (1896), 97 Iowa 454, 66 N. W. 734. 

A stenographer's bill which does not exceed the limits prescribed by 
statute, and which is approved by the judge of the district court who tried 
the case, may properly be taxed as costs. 

(Tex.) Cox v. Patten (1902), 66 S. W. (Tex. Civ. App.) 64. 

There being no obligation upon a stenographer to furnish a copy of the 
minutes written out from the notes of his predecessor who has died, at the 
rates provided for by Judiciary L., §§ 299-303, his fees or those of an unoffi- 
cial stenographer, as long as reasonable, are taxable as costs. 

(N. T.) Griffin v. Flank (1913), 79 Misc. 415, 140 N. T. S. 122. 

The fees of a stenographer are to be taxed by the presiding judge and 
paid by the party in whose behalf the service was rendered, and then they 
are to be taxed as a part of the costs of the suit in the trial court. 

(Ky.) Jenkins v. L. & N. R. R. Co. (1899), 20 Ky. Law Rep. 1534, 
105 Ky. 735, 49 S. W. 537. 

The translation of the shorthand notes necessary only for the presenta- 
tion of the appeal in the Supreme Court is not to be taxed as costs in the 
district court, but in the Supreme Court. 

(Iowa) Berkey v. Thompson (1905), 126 Iowa 394, 102 N. W. 134. 

The cost of procuring a transcript of the evidence in the circuit court 
must be taxed there, though the transcript in law cases may be transmitted 
to the Supreme Court on appeal. 

(Or.) West V. McDonald (1912), 64 Or. 203, 128 Pac. 818. 
As to taxation of costs for stenographer's fees, in the Supreme Court, 
in New Mexico, see 

(N. M.) Dalley v. Fitzgerald (1913), 17 N. M. 159, 130 Pac. 247; In 
re FuUen (1913), 17 N. M. 405, 132 Pac. 1138; State ex rel v. Bd. of 
Education (1913), 18 N. M. 286, 135 Pac. 1174. 

Under Act 183 of the Public Acts of 1897 (C. L. §§ 363-414) which 
expressly repeals and supersedes all special statutes heretofore in force in 
the several circuits, the expense of procuring stenographer's transcript of 
testimony to use in settling a bill of exceptions is taxable as costs, though 
no application was made to the circuit court for an order requiring the sten- 
ographer to furnish it free of cost. 

(Mich.) Scott V. Univ. Mich. Athl. Assn. (1908), 154 Mich. 328, 117 
N. W. 729. 

219 



6J 1 SHOETHAND EEPOBTERS 

The stenographer's receipt attached to the transcript is a sufficient 
statement of the amount paid therefor to he taxed as costs. 

(Kan.) McAfee v. Walker (1910), 82 Kan. 355, 108 Pac. 79. 

Where a party procures a transcript, he must serve a copy on the ad- 
rerse party when he serves his proposed hill, in order to have the cost of 
the same taxed on appeal. 

(Idaho) Keane v. Pittsburg Lead Min. Co. (1910), 18 Idaho 711, 113 
Pac. 214. 

On a motion to retai costs of the reporter's transcript of the evidence, 
the trial court may examine the transcript to determine the number of 
words contained therein, and the Supreme Court will presume, in the ab- 
sence of a conclusive showing to the contrary, that the lower court made a 
proper ruling, and will not go to the certified transcript to determine the 
fact. 

(Iowa) Stewart v. Colfax Consol. Coal Co. (1910), 147 Iowa 548, 
126 N. W. 449. 

A Stenographer's fees may properly he allowed upon settling an exec- 
utor's account. 

(N. T.) In re Arnton (1905), 106 App. Dlv. 32«, 94 N. T. S. 471. 

In criminal cases the stenographer's fees are paid by the county, and 
In other cases they should be taxed as costs in the case. 

(Wyo.) Chosen Friends' etc. League v. Otterson (1897), 7 Wyo. 89, 
50 Pac. 194. 

When there is a misunderstanding between the attorneys as to how 
many copies of the notes should be made, and the attorney for the losing 
party acquiesces In the printing of the extra copy, the prevailing party may 
tax the cost of such copy. 

(N. T.) Brown v. Sears (1898), 23 Misc. 559, 27 Civ. Pro. 412, 52 
N. T. S. 792. 

When sureties on an administrator's bond except to the account and 
fail to establish any liability against the administrator, the stenographer's 
fees in such proceeding should be allowed against such sureties. 

(N. T.) In re Adams (1900), 51 App. Div. 619, 64 N. T. S. 591. 

In order to Justify a surrogate in charging the stenographer's fees 
against the estate, the application must be made before the transcript is 
furnished. 

(N. T.) In re Byron (1891), 61 Hun 278, 40 N. T. S. R. 845, 16 N. 
T. S. 760. 

When by statute a stenographer's fee Is required to be taxed in each 
case in a district court in any county In which a stenographer is appointed, 
such fee must be taxed In every case, though a stenographer is not called 
upon to perform any services in that case. 

(Kan.) Beebe v. Wells (1887), 37 Kan. 472, 15 Pac. 565. 

Where the trial court orders the stenographer to furnish a person 
allowed to sue as a poor person a transcript of the proceedings at the trial 
without the payment of the fees chargeable therefor, the legal fees for doing 
such work are to be taxed In the stenographer's favor and are recoverable 
in the event judgment is entered for the plaintiff as provided by § 2261, R. 
S. 1909, and the order on the stenographer should so provide. 

(Mo.) State ex rel v. Hitchcock (1913), 171 Mo. App. 109, 153 S. 
W. 646. 

A requirement for the payment at the trial of one-half of the stenog- 
rapher's fees, by each party, is for the security of the stenographer and 
the protection of the court, and does not alter the rule that costs are awarded 

220 



COMPENSATION 6 J 1 

as Indemnity for the party's expenses, and therefore the fees paid may be 
included In the costs. 

(N. T.) Reynolds v. New York (1861), 14 Abb. Pr. (N. T.) 176, Note. 
An admiralty court may authorize the employment of a stenographer 
to take testimony before a commissioner on a reference, and may tax his 
fees as costs, and the court will do so If the parties refuse to stipulate 
thereto, and the court believes the services of a stenographer are neces- 
sary, as for instance in a case which Involves a large number of disputed 
items of account. 

(U. S.) Rogers v. Brown (1905), 136 Fed. (D. C.) 813. 

Where a stipulation provides that each party shall pay one-half of the 
stenographer's fees, and that the successful party may tax the same so paid 
as a disbursement, and the plaintiff fails to recover against one of several 
defendants, but is successful as to the others, the successful defendant Is 
entitled to tax the sum actually paid by him for stenographer's fees. 

(N. T.) Clegg v. Aikens (1885), 17 Abbott's N. C. 88, 8 Civ. Pro. 249. 

The provision that the reporter's fees for making a transcript shall be 
taxed in the costs, can only be applied when the transcript Is ordered or 
used by the successful party, and each party is liable to the officer perform- 
ing services for him, and, in case he succeeds in the action, the other party 
has the amounts so paid taxed against him for the benefit of the successful 
party. 

(Ky.) Marks v. Graham (1881), 2 Ky. Law Rep. 222. 

Where a stenographer, employed to make a transcript, had taxed In 
his favor therefor $176.30, but on application to the circuit court to ascer- 
tain the amount due, judgment was given for $100, the appellate court will 
order the clerk to retax such costs by substituting the corrected amount of 
$100. 

(Ind.) Green v. Felton (1909), 44 Ind. App. 321, 89 N. B. 320. 

The Code of 1909, §§ 574-576, makes the district court the custodian of 
the record and authorizes the court or judge to amend and correct the 
transcript of the evidence before the same Is filed and made a part of the 
record. In order to recover costs advanced for the transcript, the party 
ordering it must perfect his appeal. After the appeal is perfected, the su- 
preme court Is the only court authorized to direct which party shall pay the 
costs of the transcript. 

(Kan.) Gordon v. Munn (1911), 83 Kan. 642, 112 Pac. 615. 

6J 2 — Taxation of Fees, When Allowed — For Transcripts Required by Court 
for Its Own Use. 

A court may, under the provisions of Code of Civ. Pro., § 289 tax one- 
half of the expense of procuring a transcript of the stenographer's notes 
against each of the parties, whenever the court requires the use of the 
notes In reaching a decision. 

(N. T.) Abendroth v. Manhattan R. Co. (1886), 9 Civ. Pro. 406; King 
V. Munzer (1894), 31 Abb. N. C. 482, 62 N. T. S. R. 106, 30 N. Y. S. 482. 

The fees for a transcript cannot be taxed as costs unless the making 
of the transcript was ordered by the judge, under Ky. Stats., § 2639. 

(Ky.) Albin v. Louisville Ry. Co. (1902), 114 Ky. 982, 67 S. W. 17. 

Where an auditor was appointed by the Federal court, and counsel 
selected a reporter to furnish transcript In triplicate, one copy for the audi- 
tor, and one for each of the parties, neither the court nor the auditor passing 
on the question of the necessity or In any way authorizing the expenditure, 
but each party paying one-half of such expense, the amount so paid by the 

221 



6J 2 SHORTHAND KEPOETERS 

prevailing party is taxable as costs. When the court appoints an auditor, 
it by implication authorizes and directs him to make reasonable use of 
stenographers. To refuse such assistance to an auditor, or compel him to 
pay the same out of his own fees, would merely obstruct the course of jus- 
tice. 

(U. S.) Corporation of St. Anthony v. Houlihan (1910), 106 C. C. 
A. 394. 184 Fed. 252. 

6J 3 — Taxation of Fees, When Allowed — For Transcripts for Party's Own 
Use. 

Money paid for a transcript for a party's own convenience may be taxed 
as costs. 

(Idaho) Raft River Land etc. Co. v. Langford (1898), 6 Idaho 30, 
51 Pac. 1027. 

(Mich.) Maynard v. Vinton (1886), 59 Mich. 155, 27 N. W. 2. 
(N. T.) Varnum v. "Wheeler (1886), 9 Civ. Pro. 421; Stevens v. N. 
T. Bl. R. Co. (1890), 58 N. Y. Super. Ct. 569, 18 Civ. Pro. 350, 31 N. T. 
S. R. 404, 9 N. Y. S. 707; Whitney v. Roe (1894), 75 Hun 508, 57 N. T. 
S. R. 683, 27 N. T. S. 511. 

Under Code Civ. Pro., § 1866, providing that "a party to whom costs are 
awarded in an action is entitled to include in his bill of costs necessary 
disbursements as follows: . . . the legal fees paid stenographers for per 
diem or for copies; . . . the reasonable expense in making transcript for 
the Supreme Court," the fact that copies of the testimony were ordered dur- 
ing the trial and prior to a final decision, being paid for by the parties obtain- 
ing them, did not prevent a recovery of the amount paid for them within the 
limitation fixed by statute; such copies being necessary to secure a review 
of the case. 

(Mont.) Mont. Ore Purch. Co. v. B. & M. etc. Co. (1906), 33 Mont. 
400, 84 Pac. 707. 

When a case is reversed in the supreme court, the appellant can recover 
the fees paid for a transcript of the evidence. 

(Ind.) Wright v. Wilson (1884), 98 Ind. 112. 

See Corporation of St. Anthony v. Houlihan cited at 6J 2' of this digest. 

6J 4 — Taxation of Fees, When Allowed — As Necessary Disbursements. 

When a transcript is necessary to enable a party to propose amend- 
ments to a case on appeal, the stenographer's fee for such copy may be 
taxed as a necessary disbursement. 

(N. T.) Sebley v. Nichols (1866), 32 How. Pr. (N. T.) 182; Stevens 
V. N. T. El. R. Co. (1890), 58 N. T. Super Ct. 569, 18 Civ. Pro. 350, 31 
N. Y. S. R. 404, 9 N. Y. S. 707; Price v. Western Distillery Co. (1909), 
114 N. T. S. (App. Div.) 714. 

The cost of the stenographer's minutes ordered at the outset of the 
trial by one of the parties with a view to using them to prepare amendments 
to the case on appeal is properly taxed as a disbursement against the un- 
successful party. 

(N. T.) Pratt v. Clark (1908), 124 App. Div. 248, 108 N. T. S. 734. 

Where plaintiff's counsel obtained a copy of the stenographer's minutes 
to prepare amendments to the case on appeal, plaintiff was entitled to have 
the cost of the copy included in his bill of costs, though the copy was 
ordered before any appeal was taken and was used by counsel in prepara- 
tion of his brief. 

(N. T.) Bremer v. Manhattan Ry. Co. (1906), 51 Misc. 96, 99 N. Y. 
S. 746. 

222 



COMPENSATION 6J 4 

A respondent is entitled to costs for procuring stenograplier's minutes 
to enable him to propose amendments to appellant's proposed case. 

(N. T.) Rldabrock v. Metropolitan etc. R. Co. (1896), 8 App. Div. 
309, 40 N. T. S. 938; Park v. N. T. C. R. R. (1900), 57 App. Div. 569, 68 
N. T. S. 460, 1145; Starkweather v. Sundstrom (1906), 113 App. Div. 
401, 98 N. T. S. 1086. 

Under Code of Civ. Pro., § 3256, the cost of a copy of the stenographic 
notes of a former trial procured for the use of a party on a subsequent 
trial, may be taxed as a necessary disbursement. 

(N. T.) Flood V. Moore (1877), 2 Abb. N. C. (N. T.) 91; Zelmanovltz 
V. Manhattan R. Co. (1891), 24 Civ. Pro. 402, 67 N. T. S. R. 405, 33 N. 
T. S. 583. 

The testimony of two witnesses was ordered, one by the court and 
another by counsel on account of the absence of a witness. The stenog- 
rapher made a transcript of the testimony of the entire trial. Only the 
cost of such part of the transcript as related to the testimony of the two 
witnesses should be taxed. 

(N. T.) Vibbard v. Kinser Constr. Co. (1911), 145 App. Div. 673, 130 
N. T. S. 837. 

In the absence of stipulation, the stenographer's notes being desirable, 
the expense thereof to the extent of ten cents per folio may be taxed against 
the unsuccessful claimant in a bankruptcy matter heard by a referee. 
(U. S.) In re Todd (1901), 109 Fed. (D. C.) 265, 6 Am. B. R. 88. 

Under Supreme Court rules and provisions of § 5, Laws 1899, p. 163, 
the statutory fee paid by a party to an action to the reporter for a tran- 
Bcript of the evidence to be used on motion for a new trial and appeal, may 
be taxed as costs against the party finally defeated on appeal. The gen- 
eral theory of our law and the rules of the court in regard to costs is that 
the losing party shall pay them, and the prevailing party on appeal is 
entitled to recover the amount paid by him to the reporter for a copy of the 
evidence whenever that is needed on appeal. 

(Idaho) Young v. Extension Ditch Co. (1908), 14 Idaho 126, 93 Pac. 
772. 

Under R. S., c. 53, § 20, allowance of stenographer's fees is proper 
where a cause is referred to a master. 

(111.) Hughes V. Miller (1912), 174 111. App. 293. 

The expense of the stenographer's transcript of the evidence in pre- 
paring a motion for a new trial is a necessary disbursement within Code 
Civ. Pro. 1887, § 494, giving the prevailing party "his costs and necessary 
disbursements." 

(Mont.) "Waite v. Vinson (1896), 18 Mont. 410, 45 Pao. 552. 

Under Supreme Court rule 6 (24 Pac. vi), the reporter's fee for tran- 
scribing notes for the record on appeal is properly taxable to the successful 
party. 

(Nev.) Brandon v. West (1905), 28 Nev. 500, 83 Pac. 327. 

In taxing the costs of appeal, not more than ten cents per folio can 
be allowed as disbursements for stenographic fees in making a transcript 
of the evidence, under laws of 1893, page 132. 

(Wash.) Nelson v. McLellan (1904), 34 Wash. 181, 75 Pac. 635. 

Ten cents per folio is the maximum amount that can be recovered for 
a statement of facts. 

(Wash.) Clark v. Bltinge (1905), 39 Wash. 696, 83 Pac. 901. 

Where there is no official stenographer each party pays half the cost 
of taking the testimony, and in case the minutes are transcribed the party 
securing the transcript pays the additional charge, and if this is done by 

223 



6J 4 SHOBTHAND EEPORTEKS 

agreement the successful party taxes his share for taking the testimony to 
the unsuccessful party. 

(U. S.) Sedlacek v. Bryan (1912), 192 Fed. (C. C.) 361. 

Where the trial judge pursuant to an agreement of the attorneys ordered 
that the original transcript of the testimony be attached to the bill of excep- 
tions settled and allowed, instead of directing that the original transcript be 
attached to a certified copy of the bill, it was incumbent on the appellant 
to procure from the clerk a certified copy of the entire testimony given at 
the trial, for which defendant was entitled to charge disbursements at the 
rate of ten cents per folio under the statute authorizing the clerk to charge 
such rates for copies of records furnished to private parties. 

(Or.) Boothe v. Farmers & Traders Nat. Bank (1909), 53 Or. 576, 
101 Pac. 390. 

Where a trial judge in equity appoints a stenographer to take and 
report the testimony, it is proper to allow him the fees allowed by Rev. 
Code, 1905, § 2608, and to tax the same as costs and disbursements. 

(N. D.) Investors' Syndicate v. Pugh (1913), 25 N. D. 490, 142 N. 
"W. 919. 

The Supreme Court will tax as a disbursement the necessary expense 
Incurred for a transcript of the testimony in a suit in equity, when such 
transcript is prepared for the appeal, and after a decision by the trial court. 
(Or.) Henderson v. Tillamook Hotel Co. (1915), 149 Pac. 473. 

See Corporation of St. Anthony v. Houlihan cited at 6J 2 of this digest. 

6J 5 — Taxation of Fees, When Allowed — Pro Rata. 

When a stenographer is employed in a contest between co-executors as 
to the proper apportionment of their commission, the stenographer's com- 
pensation should be paid pro rata out of the commission. 

(N. T.) Hill V. Nelson (1883), 1 Dem. (N. T.) 357. 

6K 1 — Taxation of Fees, When Not Allowed — In General. 

The fees of the ofBcial stenographer cannot be taxed as costs against 
the unsuccessful party. 

(N. M.) Price v. (Jarland (1899), 5 N. M. 98, 20 Pac. 182. 

(N. T.) Provost V. Farrell (1878), 13 Hun 303; Colton v. Simmons 

(1878), 14 Hun 75; Matter of Engelbrecht (1897), 15 App. Div. 541, 44 

N. T. S. 551; Matter of Maritch (1899), 29 Misc. 270, 61 N. T. S. 237; 

Matter of Town of Hempstead (1899), 36 App. Div. 321, 55 N. T. S. 345. 

(Wash.) Bring-gold v. Spokane (1898), 19 "Wash. 333, 53 Pac. 368. 

The fees of the official stenographer cannot be taxed as costs against 
the unsuccessful party unless the stenographer has been employed by con- 
sent of the parties, or a stipulation has been made for his fees. 

(Mo.) State ex rel v. Gans (1897), 72 Mo. App. 638. 

Where there is default in pleading there can be no trial, within the terms 
of the statute requiring a stenographer's fee to be taxed. 

(Mo.) Barber Asphalt Pav. Co. v. Field (1908), 132 Mo. App. 488, 
112 S. W. 3. 

Rev. St. 1899, § 10115 does not authorize a fee to the stenographer for 
preparing a bill of exceptions, which fee can be taxed as costs. There is 
no law authorizing a stenographer to make a bill of exceptions at the request 
of either party. Where the appeal is taken in the short form, the costs 
incurred in making a copy of the bill of exceptions cannot be taxed. 

(Mo.) Drumm Coin. Co. v. Bank (1904), 105 Mo. App. 197, 79 S. "W. 
714; Ray Co. Sav. Bank v. Hutton (1909), 226 Mo. 713, 127 S. W. 59. 

224 



COMPENSATION 6K 1 

A Stenographer's fees cannot be taxed as costs against the opposition 
of counsel. 

(N. Y.) Shaver v. Eldred (1895), 86 Hun 61, «6 N. T. S. R. 783, 33 
N. Y. S. 158. 

A stenographer's fees cannot be taxed when his employment was not 
directed by the court and the parties do not consent to such taxation. 

(U. S.) Gunther v. Liverpool etc. Ins. Co. (1882), 20 Blatch. (IT. S.) 
390, 10 Fed. (C. C.) 830. 

A losing party cannot be required by a master in chancery to pay the 
stenographer's fee for taking the testimony. 

(111.) Smyth V. Stoddard (1903), 203 111. 424, 67 N. B. 980. 

A Stenographer's fees are not taxable. 

(N. Y.) Provost V. Farrell (1878), 13 Hun 303. 

The fees of a stenographer employed by a master on an accounting 
before him will not be allowed as costs, unless there is an agreement by the 
parties to that effect. 

(N. M.) Glvens v. Veeder (1898), 9 N. M. 405, 54 Pac. 879. 
(U. S.) Bridges v. Sheldon (1880), 18 Blatch. (U. S.) 607, 7 Fed. 
(C. C.) 17. 

The price paid for a stenographer's transcript cannot be taxed as costs. 
(N. Y.) Cohen v. Weill (1900), 33 Misc. 764, 67 N. Y. S. 917. 

When a transcript which defendant used in preparing a bill of excep- 
tions was secured and paid for on a previous trial, upon a subsequent trial 
the plaintiff will not be taxed with such expense as costs, although the 
expense might otherwise be taxable. 

(Mich.) Geo. W. Roby Lumber Co. v. Gray (1889), 73 Mich. 363, 
42 N. W. 839. 

If a court refuses to order a transcript unless plaintiff consents thereto, 
and plaintiff does not consent, the stenographer's fees for a transcript can- 
not be taxed as costs. 

(Cal.) Senior v. Anderson (1900), 130 Cal. 290, 62 Pac. 563. 

The cost of a transcript cannot be taxed in a second action when it was 
stipulated that either party might use as evidence the stenographer's min- 
utes of testimony taken in a former action between the same parties, and 
the cost of which had been provided for in that action. 

(N. Y.) In re Metropolitan El. R. Co. (1892), 64 Hun 635, 46 N. Y. 
S. R. 138, 18 N. Y. S. 899. 

When a stenographer is appointed under a statute authorizing a Judge 
to employ a stenographer upon the application of either party, and to deter- 
mine the compensation to be paid which will be taxed as costs, the fees of a 
stenographer who is employed upon request, cannot be recovered as costs 
when the record does not show that the court has determined the amount. 
(Tex.) Mansfield v. Hogsett (1901), 25 Tex. Civ. App. 66, 60 S. W. 
785. 

A statute which authorizes the taxing of a stenographer's fee "in every 
case" does not include a garnishment process. 

(Mo.) Mechanics etc. Bank v. Glaser (1890), 40 Mo. App. 371. 

A general direction to tax costs and disbursements, is too indefinite to 
permit the taxation of stenographer's fees where a reference has been 
ordered on a motion. 

(N. Y.) "Ward v. Ward (1892), 23 Civ. Pro. 61, 22 N. Y. S. 903. 

In the absence of a stipulation, stenographer's fees cannot be taxed as 
costs in proceedings- to investigate the fiscal affairs of the municipality. 

(N. Y.) Matter of Town of Hempstead (1899), 36 App. Div. 321, 
55 N. Y. S. 345. 

225 



6K 1 SHORTHAND EliPOKTEBS 

Code of Civ. Pro., § 1866, authorizing the taxation of legal fees paid 
stenographers for per diem and for copies, as disbursements, is limited to 
fees paid official stenographers, and does not authorize the taxation of such 
disbursements paid to private stenographers who attended the trial of an 
action in the place of the official stenographer by the consent of the par- 
ties and of the court. 

(Mont.) Mont. Ore Purch. Co. v. Boston & M. etc. Co. (1902), 27 
Mont. 288, 70 Pac. 1114. 

Under a statute which provides that in all cases, except criminal, when 
a stenographer is employed, his pay shall be taxed as costs in the case, and 
when there is no requirement in the statute that any party to a civil action 
shall employ or assist in employing a stenographer to take the case, a party 
to a civil case cannot complain of the refusal of the other to assist in em- 
ploying a stenographer. 

CWyo.) Chosen Friends' etc. League v. Otterson (1897), 7 Wyo. 89, 
50 Pac. 194. 

Under Kurd's Rev. St. 1908, c. 53, providing that the master in chancery 
shall be allowed fifteen cents per hundred words for taking and reporting 
testimony under order of court, it is error to tax as costs the fee of the 
shorthand court reporter for making a transcript of the testimony taken 
before the master. Allowance under that statute can only be made to the 
master, and he is entitled to it, whether he transcribes the testimony or 
procures a reporter to do it. Ch. 37, §§ 82a and 82b, providing for the 
appointment by the circuit court of shorthand reporters and for taxing 
transcript fees, do not apply to the taking of testimony before a master in 
chancery. 

(111.) Ruddy v. McDonald (1910), 244 111. 494, 91 N. E. 651. 

On a hearing in damages before assessors sums paid by the prevailing 
party under an agreement between counsel for the hiring of a stenographer 
were properly refused as an item of costs. 

(Mass.) Boston Belting Co. v. Boston (1903), 183 Mass. 254, 67 
N. E. 428. 

The reporter's fee for a transcript of the record used by the defendant 
in preparing its bill of exceptions on appeal should not be taxed as costs. 

(U. S.) Pine River Dogging Co. v. United States (1901), 186 U. S. 
279, 22 Sup. Ct. 920, 46 L. Ed. 1162. 

At a hearing before a master the party who calls a witness must pay 
the expense of taking the direct and redirect examination of such witness, 
but his adversary must pay the expense of taking the cross and re-cross 
examination. 

(U. S.) Brickhill v. Mayor of New York (1893), 55 Fed. (C. C.) 665. 

6K 2 — Taxation of Fees, When Not Allowed — For Transcripts Required by 
Court for Its Own Use. 

Money paid by order of court for s. transcript cannot be allowed as a 
part of the costs. 

(N. T.) Cohen v. Weill (1900), 32 Misc. 198, 65 N. T. S. 695. 
When parties to a proceeding before a referee agree to the employment 
of a stenographer to be paid for by them in equal proportion, the cost of an 
extra transcript which the referee orders for his own use, is embraced within 
the agreement and is not to be taxed against the unsuccessful party. 
(N. T.) Mark v. Buffalo (1881), 87 N. T. 184. 
There is no authority for taxing an additional copy of the testimony 
for the convenience of the court, in a bankruptcy matter, whether one or 
two copies have been made. 

(U. S.) In re Todd (1901), 109 Fed. (D. C.) 265, 6 Am. B. R. 88. 

226 



COMPENSATION 6K 2 

^ A stenographer's fees for reporting, for the court, the argument of plain- 
tiff's counsel, cannot be taxed, in the absence of an agreement by the par- 
ties that it shall be taxed. 

(U. S.) HuBsey v. Bradley (1864), 5 Blatch. (C. C.) 210. 

Under Laws 1915, c. 224, and Judiciary Law, § 116, item of $3 for stenog- 
rapher's fees for furnishing copy of minutes to official referee was not 
allowable against the defendant. 

(N. T.) City Tax Lien Go. v. Murray (1915), 154 N. T. S. (N. T. 
Sup.) 300. 

8K 3 — Taxation of Fees, When Not Allowed — For Transcripts for Party's 
Own Use. 

The money paid for a transcript for a party's own convenience cannot 
be taxed as costs. 

(Cal.) Senior v. Anderson (1900), 130 Cal. 290, 62 Pac. 563. 

(Mich.) Detroit etc. K. Co. v. Hayt (1884), 55 Mich. 347, 21 N. W. 
S67, 911. 

(N. T.) Hamilton v. Butler (1865), 30 How. Pr. 36, 19 Abb. Pr. 446, 
27 N. T. Super. Ct. 654; Spring v. Day (1873), 44 How. Pr. 390; Varnum 
V. Wheeler (1886), 9 Civ. Pro. 421; Pfandler etc. Co. v. Pfandler (1886), 
39 Hun 191, 3 How. Pr. (N. S.) 253; Pfandler etc. Co. v. Sargent (1887), 
43 Hun 164, 5 N. T. S. R. 413; Whitney v. Roe (1894). 75 Hun 508, 57 
N. T. S. R. 683, 27 N. T. S. 511; Shaver v. Bldred (1895), 86 Hun 61, 
«6 N. T. S. B. 783, 33 N. T. S. 158. 

(U. S.) Gunther v. Liverpool etc. Ins. Co. (1882), 20 Blatch. (U. S.) 
390, 10 Fed. (C. C.) 830; Wooster v. Handy (1885), 23 Fed. (C. C.) 49; 
The William Branfoot (1892), 8 U. S. App. 129, 3 C. C. A. 155, 52 Fed. 
390; Monahan v. Godkin (1900), 100 Fed. (C. C.) 196. 

The court has no authority to tax the cost of transcribing the stenog- 
rapher's notes, furnished upon the plaintiff's demand, after a mistrial, against 
the defendant, at whose request the stenographer was employed, under 
Shannon's Code, Pars. 4695-4697, providing that in case of appeal, a tran- 
script of the stenographer's notes, if one has been employed at the request 
of a party, shall be made a part of the bill of exceptions, and the party at 
whose instance the stenographer was employed, shall be responsible for his 
compensation for the work done by him, as the statute merely contemplates 
the case of an appeal. 

(Tenn.) Louisville & Nashville R. R. Co. v. Ray (1898), 101 Tenn. 
1, 46 S. W. 554. 

The stenographer's transcript of the testimony of the trial in the court 
below is not a proper item of costs to be recovered on appeal, whether pro- 
cured for the purpose of preparing the statement of facts on appeal or used 
as the statement itself. 

(Wash.) Brown v. Winehill (1892), 4 Wash. 98, 29 Pac. 927; Ting- 
ley V. Bellingham Bay Boom Co. (1893), 5 Wash. 644, 33 Pac. 1055. 

In the absence of a statute allowing it, a party who is granted costs 
cannot tax the stenographer's fee for a transcript required to perfect the 
appeal record. 

(S. D.) Elfring v. New Birdsall Co. (1903), 17 S. D. 350, 96 N. W. 
703. 

Under Stats., § 4639, requiring the official court stenographer, upon 
direction of the judge, either upon his own motion, or upon the motion of 
either party, to take stenographic notes of the testimony in an action, and 
"upon the motion of either party" to cause a full transcript of the same to 
be made, the fee of the stenographer for such transcript cannot be taxed as 
a part of the costs against the unsuccessful party unless the transcript was 
made by order of court. 

(Ky.) Albln v. Louisville Ry. Co. (1902), 114 Ky. 982, 67 S. W. 17. 

227 



6K 3 SHOBTHAND BEPOBTEBS 

Carbon copies ordered for a party's own use are not taxable as costs. 
(U. S.) Atwood V. Jaques (1894), 63 Fed. (C. C.) 561. 

Amounts paid for transcript of the testimony for the use of the attorney 
during the progress of the trial, unless by agreement, are not taxable dis- 
bursements. 

(Minn.) Salo v. Duluth etc. R. R. Co. (1914), 124 Minn. 361, 145 N. 
W. 114. 

(Wis.) Wis. S. F. Co. v. Lumber Co. (1907), 132 Wis. 1, 111 N. W. 
237. 

A party is not entitled to have the cost of three copies of the reporter's 
minutes taxed as part of the costs, but only the cost of one copy; and while 
Laws 1907, c. 547, allows the reporter to do the work of preparing a bill of 
exceptions, it was not provided that his additional work in this regard should 
be taxed against the losing party. 

(Wis.) Buehler v. Staudenmayer (1911), 146 Wis. 25, 131 N. W. 986. 

The expense of the transcript of an examination for the discovery of 
assets conducted in the interest of general creditors in a bankruptcy matter 
should not be allowed to deplete the funds to be paid preferred creditors, 
but such expense must be borne by the creditors who procured the examina- 
tion. 

(U. S.) In re Rozinslcy (1900), 101 Fed. 229, 3 Am. B. R. 830. 

A transcript of the stenographer's notes taken under a stipulation, which 
is given for the purpose of preparing a bill of exceptions, is not obtained for 
use on the trial within the meaning of TJ. S. Rev. St., § 983, and cannot be 
taxed as costs. 

(U. S.) Monahan v. Godkin (1900), 100 Fed. (C. C.) 196. 

When the defendant orders the notes written out to assist in the prep- 
aration of a motion for a new trial, and before the judgment is reversed on 
appeal, the reporter's fees cannot be taxed as costs, as they are not a part 
of the costs on appeal. 

(Cal.) Bank of Woodland v. Hiatt (1881), 59 Cal. 580. 

Stenographer's fees paid out in preparing affidavits in the appellate 
court will not be allowed as a part of the costs. 

(S. D.) Sorenson v. Donahue (1899), 12 S. D. 204, 80 N. W. 179. 

There is no express authority under the statute providing for stenog- 
raphers in counties having less than 45,000 inhabitants (R. S. 1899, c. 162, 
art. 4) to tax as costs the sum which the litigant pays the stenographer for 
a transcript of such portion of the testimony as he may order for use in 
the appellate court. 

(Mo.) Baldwin v. Boulware (1900), 82 Mo. App. 321. 

6K 4 — Taxation of Fees, When Not Allowed — As Necessary Disbursements. 

The charges for a copy of the stenographer's minutes procured for the 
purpose of making a motion for a new trial, cannot be allowed as a dis- 
bursement in an action. 

(N. T.) Whitney v. Roe (1894), 75 Hun 508, 57 N. T. S. R. 683, 27 
N. T. S. 511. 

In the absence of a stipulation allowing it, the stenographer's fees on a 
trial before a referee cannot be taxed as a necessary disbursement. 

(N. T.) Colton V. Simmons (1878), 14 Hun 75; Nugent v. Keenan 
(1886), 53 N. T. Super. Ct. 530, 1 N. T. S. R. 708; Griggs v. Guinn 
(1892), 29 Abb. N. Cas. 144; Baffl v. Elias (1912), 152 App. Div. 226, 136 
N. T. S. 563; Hertzberg v. Blvldge (1913), 80 Misc. 290, 142 N. T. S. 211. 

228 



COMPENSATION 6K 4 

A stenographer's fee cannot be taxed as a necessary disbursement, when 
the transcript was not ordered from day to day during the trial and the 
defeated party did not appeal. 

(N. T.) Kahn v. Norrie (1875), 4 Hun 72. 

Where one of the parties orders the stenographer's minutes to be fur- 
nished during the trial with a view to using them to prepare amendments 
to the case on appeal, he may not tax as disbursements any charges for 
expediting the minutes. 

(N. T.) Pratt v. Clark (1908), 124 App. Div. 248, 108 N. T. S. 734. 

Stenographer's fees are disbursements and not costs. 
(N. T.) Down V. McGourkey (1878), 15 Hun 444. 

Under Code Civ. Pro., § 3256, the cost of a copy of the stenographic 
notes of a former trial for the use of a party on a subsequent trial, is not a 
necessary disbursement and cannot be taxed as such. 

(N. T.) Hamilton v. Butler (1865), 19 Abb. Pr. 446, 30 How. Pr. 36, 
27 N. T. Super. Ct. 654; Spring v. Day (1873), 44 How. Pr. 390; Pfandler 
etc. Co. V. Pfandler (1886), 39 Hun 191, 3 How. Pr. (N. S.) 253; Hudson 
V. Erie R. Co. (1901), 57 App. Div. 98, 68 N. T. S. 28; Gilmour Mfg. Co. 
V. Stettler (1908), 58 Misc. 361, 109 N. T. S. 667; Vogel Co. v. Reinhardt 
(1915), 89 Misc. 606, 153 N. T. S. 906. 

The expense of a carbon copy of the transcript of evidence on appeal 
is not a proper disbursement. 

(Or.) Litherland v. Cohn Real Est. & Inv. Co. (1909), 54 Or. 71, 
102 Pac. 303. 

When a statute allows the employment of a stenographer upon the di- 
rection of the court, and provides that the court may order the expense 
thereof to be paid by the parties, the part paid by the successful party can- 
not be taxed as costs in the case as a necessary disbursement. 

(N. T.) Arnoux v. Phelan (1860), 21 How. Pr. 88; Gilman v. Oliver 
(1862), 14 Abb. Pr. 174, 22 N. Y. Super Ct. 589. 

A stehographer's fees for a transcript are not taxable as a disbursement 
even when procured to enable a party to propose amendmetits to a case. 

(N. T.) Pfandler etc. Co. v. Sargent (1887), 43 Hun 154, 5 N. T. 
S. R. 413. 

Where the parties before a referee agree to employ a stenographer, and 
that each party shall pay one-half of his fees, the successful party cannot 
tax the amount paid by him as a disbursement. 

(N. T.) Nugent v. Keenan (1886), 53 N. T. Super. Ct. 530, 1 N. T. 
S. R. 708. 

Where plaintiff refused to contribute to the expense of a stenographer, 
defendant on being successful, held, not entitled to have the cost of having 
the testimony taken by a stenographer employed by him, taxed to plaintiff. 
(U. S.) Sedlacek v. Bryan (1912), 192 Fed. (C. C.) 361. 

Where after trial plaintiff gave notice of appeal, and on serving pro- 
posed case and exceptions tendered the use of his copy of the stenographer's 
minutes to the defendant to be used in preparing amendments, such tender 
was made in proper time and defendant was not entitled to tax as part of 
the disbursements on the appeal the cost of a second copy of the minutes 
obtained by him from the stenographer. 

(N. T.) Adams Laundry Mach. Co. v. Prunier (1913), 157 App. Div. 
153, 141 N. T. S. 803. 

In an appeal from the Municipal Court, the original transcript of the 
shorthand notes being on file in the clerk's office, an expenditure by respond- 
ent for a copy of the stenographer's minutes will not be taxed as a disburse- 

229 



6K 4 SHOETHAND EEPORTEKS 

ment, as an inspection of the stenographer's minutes may be made by re- 
spondent at the clerk's office whenever necessary. 

(N. T.) Wiener v. Rudinsky (1913), 80 Misc. 234, 140 N. T. S. 948. 

The cash paid to the official reporter of the trial court for a transcript 
of the evidence is not recoverable as costs, unless the order directing the 
reporter to transcribe his notes was made as prescribed by Code Civ. Pro., 
J 274. 

(Cal.) Blair v. Brownstone Oil & R. Co. (1913), 20 Cal. App. 316, 
128 Pac. 1022. 

Either party may have the stenographer's notes transcribed and filed 

and the costs taxed, and when filed the transcript becomes a part of the 

record, which may be used in preparing a bill of exceptions; but the cost 

of copying it for use in a bill of exceptions is no part of the disbursements. 

(Or.) Allen v. Standard Box & Lbr. Co. (1908), 53 Or. 18, 98 Pac. 

509; Sommer v. Compton (1909), 53 Or. 341, 100 Pac, 289; McGee v. 

Beckley (1909), 54 Or. 250, 103 Pac. 61. 

In a legal action money paid for a transcript must be taxed in the trial 
court, and cannot be entered on appeal as disbursements. 

(Or.) DeVall v. DeVall (1910), 57 Or. 128, 110 Pac. 705; Delovage 
V. Old Oregon Creamery Co. (1915), 149 Pac. 317. 

6K 5 — Taxation of Fees, When Not Allowed — In Criminal Cases. 

In a criminal case the fees of the reporter cannot be taxed as costs 
against the defendant. 

(Cal.) Petty v. San Joaquin County Court (1872), 45 Cal. 245. 

The state is not liable to the county, upon the successful prosecution 
of a felony in the superior court, for such costs as stenographer's fees, etc. 
(Wash.) State ex rel v. Grimes (1894), 7 Wash. 445, 35 Pac. 361. 

The superior court, in the absence of statute, is without jurisdiction to 
order the costs of an appeal prosecuted by a convicted defendant in forma 
pauperis, to be charged against the county and to be paid by the county. 

(Wash.) state ex rel v. Superior Court Lewis Co. (1903), 32 Wash. 
80, 72 Pac. 1028. 

6L Review of Action of Court as to Fees. 

The allowance by a coroner of fees to a stenographer for taking down 
testimony will not be disturbed unless it is shown that some illegal claim 
is allowed. 

(Mich.) Turner v. Smith, Calhoun Circuit Judge (1894), 101 Mich. 
212, 59 N. W. 398. 

A trial judge who refuses to order the court stenographer to furnish 
a transcript of the proceedings to a person allowed to sue as a poor person 
without the payment of the fees chargeable therefor, will be required by 
mandamus to make such an order. 

(Mo.) state ex rel v. Hitchcock (1913), 171 Mo. App. 109, 153 S. W. 
546. 

An order allowing $20 for two per diems, commencing at 11 o'clock 
one day and ending at 1:15 P. M. the next day, held a proper allowance and 
not an abuse of discretion by the court. 

(Utah) Andreson v. Ogden Union Ry. Co. (1891), 7 Utah 396, 26 
Pac. 1119. 

In the absence of a statute requiring each party to pay one-half of the 
reporter's per diem before trial, the court cannot in pursuance of a rule of 
court to that effect, order judgment in favor of the opposing party where 

230 



COMPENSATION 6Li 

one party refuses to comply with such rule. If plaintiff had desired to pro- 
ceed with the trial, he could have deposited with the clerk the whole of the 
reporter's per diem, and if he obtained judgment, included the amount in 
his cost bill. 

(Cal.) Meacham v. Bear Valley Irrig. Co. (1904), 145 Cal. 606, 79 
Pac. 281. 

The auditing of a stenographer's bill is not a civil action from which 
a writ of error lies to the supreme court. 

(W. Va.) Robinson v. LaPollette (1899), 46 W. Va. 565, 33 S. E. 288. 

6M Right of Court to Compel Payment of Fees. 

The court has the power to compel by rule, an appellant to pay a re- 
porter for making a transcript in a cause, as In any other case in which the 
allowance to an officer is to be made by the court. 

(Ky.) Marks v. Graham (1881), 2 Ky. Law Rep. 222. 
(Cal.) See Meacham v. Bear Valley Irrig. Co. cited at 6L of this 
digest. 

Service of notice upon the clerk that the reporter's fees have not been 
paid, works as a stay of the entry of judgment, unless the court otherwise 
orders under § 274 of the Code of Civ. Pro. 

(Cal.) Taylor v. McConlgle (1898), 120 Cal. 123, 52 Pac. 159. 

When a shorthand reporter has voluntarily taken notes in an action 
without demanding a deposit from the parties to an action, and the trial 
has terminated and judgment been entered, he stands in no more favorable 
relation than that of a creditor of the parties to the action for the amount of 
his fees, and a judge has no right to refuse to settle a bill of exceptions until 
the stenographer's fees are paid, and if the judge refuses to settle the bill 
he will be compelled by mandamus so to do. 

(Cal.) James v. McCann (1892), 93 Cal. 513, 29 Pac. 49. 

The refusal of the treasurer of the city and county of San Francisco 
to obey an order of the judge directing him to pay certain moneys to the 
stenographic reporter of the judge's court, cannot justify proceedings against 
him for contempt, and if ordered to be imprisoned therefor, he will be re- 
leased upon habeas corpus. 

(Cal.) Ex parte Truman (1899), 124 Cal. 387. 

The judge has power, under Civ. Code 1895, § 4447, to enter up judgment 
in favor of the stenographer against the party or parties by whom the judge 
prescribes compensation for taking down the proceedings shall be paid; 
and all that is necessary for the stenographer to obtain such judgment is 
for him to render his bill to the judge and for the judge to be satisfied 
that the same is correct and just, at the rate of compensation fixed by him. 
(Ga.) Seaboard Airline Ry. v. Memory (1906), 126 Ga. 183, 65 
S. E. 15. 

The judge has no power, upon the ex parte application of the stenog- 
rapher, to render a judgment in his favor against a party to a civil case, in 
which he has taken down the proceedings, for the amount of the 
stenographer's bill for a transcript, from his shorthand notes, of the evi- 
dence and charge of the court in such case, prepared and delivered to such 
party at his request. 

(Ga.) Seaboard Airline Ry. v. Memory (1906), 126 Ga. 183, 55 
S. B. 15. 

231 



6N SHORTHAND REPOBTEES 

6N Mandamus to Compel Payment of Fees. 

When the compensation of a stenographer is fixed hy court under a 
statute, the county auditor shall draw a warrant on the treasurer for the 
amount which the court shall direct, and he may be mandamused so to do. 

(Cal.) McAllister v. Hamlin (1890), 83 Cal. 361, 23 Pao. 357. 
(N. J.) Knight v. Ocean County Freeholders (1887), 49 N. J. Law 
485, 12 Atl. 625. 

Mandamus will lie to compel a county treasurer to pay an order of a 
judge for the payment of an oflicial stenographer when by statute it is made 
the duty of the judge to issue such order. 

(Ga.) Lamb v. Toomer (1892), 91 Ga. 621, 17 S. B. 966. 

A petition for mandamus against a county treasurer to compel payment 
to a court stenographer for services in criminal cases must state that the 
treasurer has funds in his hands applicable to the payment of the demand. 
(Cal.) Stevens v. Truman (1899), 127 Cal. 155, 59 Pao. 397. 

Mandamus will not lie to compel the county treasurer to pay a cer- 
tificate issued by a city judge to a shorthand reporter, as the act of 1897 
authorizing judges of the circuit courts to appoint shorthand reporters 
does not apply to the city courts. 

(111.) Bartling v. People (1900), 92 111. App. 410. 

Mandamus will not lie to compel an auditor to allow a stenographer's 
account, when by statute he is allowed a discretion in regard to the allow- 
ance or rejection of such claim. 

(W. Va.) Supervisors v. Minturn (1870), 4 W. Va. 300; Robinson v. 
LaPollette (1899), 46 "W. Va. 565, 33 S. B. 288. 

Upon application for mandamus to compel a county treasurer to pay 
the stenographer's fees, when there is no statute in the state prescribing 
the fees which should be charged, although the statute provides for the 
appointment of a stenographer and that his fees shall be paid by the county 
treasurer on the certificate of the magistrate; held, that the certificate of 
the magistrate that the' services had been rendered was not a demand upon 
the county treasurer, and that he was not bound to pay. 
(Cal.) Fox V. Lindley (1881), 57 Cal. 650. 

Under the act of Oct. 12, 1885, in regard to the compensation of oflicial 
stenographers, and which provides that they shall be paid for taking down 
testimony in the trial of such criminal cases as are required by law to be 
reported on the certificate and order of the judge of the superior court, 
county authorities, such as boards of commissioners of roads and revenues, 
have no right to audit or order paid such orders, and therefore mandamus 
will not lie to compel them to do so. 

(Ga.) Lamb v. Toomer (1892), 91 Ga. 621, 17 S. E. 966. 

Under Gen. Laws, 1888-9, p. 25, mandamus will issue to compel the 
state auditor to issue a warrant for the payment of the court reporter's 
salary as required by said act, and the fact that there are no funds in the hands 
of the state treasurer to pay the same is no excuse for a failure to issue 
the warrant. 

(Idaho) Gilbert v. Moody (1891), 3 Idaho 3, 25 Pac. 1092. 

Under a statute providing a stenographer's salary of $2,000 which 
shall be apportioned by the judge among the counties embraced in the cir- 
cuit, a stenographer cannot compel a county to pay him any specific sum of 

232 



COMPENSATION 6N 

salary until he has shown that such amount was apportioned by the judge 
to such county. 

(Mich.) Goodale v. Marquette County Supervisors (1880), 45 Mich. 
47, 7 N. W. 207. 

A judge can be compelled by mandamus to issue an order on the 
county treasurer in favor of a reporter for fees for services in criminal 
cases, where it appears that the court had ordered such services to be per- 
formed; but the finding of the lower court as to whether or not such an 
order had been made is conclusive and will not be reviewed by the appel- 
late court on appeal. 

(Cal.) Plpher v. Superior Court (1906), 3 Cal. App. 627, 86 Pao. 904. 

VThere, on presentation of an official stenographer's claim for fees in a 
criminal case, the judge allowed a portion of the claim, but disallowed a 
portion of the claim for a transcript because it had not been ordered by him, 
as contended by the stenographer, mandamus will not lie to compel the 
judge to make a different finding oi fact as to the order of such transcript 
and to compel the allowance of the balance of the claim. 

(Cal.) Pipher v. Superior Court (1906), 3 Cal. App, 627, 86 Pao. 904. 



233 



7— BILL OF EXCEPTIONS. 

A Notes when not a bill of exceptions. 
B Notes as bill of exceptions. 
C Preparation of bill of exceptions. 
D Bill of Exceptions should be in condensed form. 
" Party cannot be compelled to incorporate transcript in bill 
of exceptions. 
Filing of transcript a necessary precedent. 



E 



7A Notes When Not a Bill of Exceptions. 

Notes are not a bill of exceptions. 

(Dak.) St. Croix Lumber Co. v. Pennington (1881), 2 Dak. 467, 11 
N. W. 497. 

(N. D.) Goose River Bank v. Gllmore (1893), 3 N. D. 188, 54 
N. W. 1032. 

(Okla.) U. S. V. Choctaw, O. G. R. Co. (1895), 3 Okla. 465, 41 Pao. 729. 

Notes cannot take the place of a bill of exceptions. 

(S. D.) Merchants Nat. Bk. v. McKinney (1894), 6 S. D. 58, 60 
N. W. 162. 

A stenographer's notes can be made available on appeal only by being 
made a part of the bill of exceptions. The transcript of the stenographer 
alone will not answer. 

(Ark.) Moore v. State (1898), 65 Ark. 330, 46 S. "W. 127; Snyder v. 
State (1908), 86 Ark. 456, 111 S. W. 465. 

(Ky.) Ches. & Ohio Co. v. Smith (1897). 101 Ky. 707, 42 S. "W. 538. 
(Or.) McQuaid v. Portland & V. R. R. Co. (1890), 19 Or. 635, 25 
Pac. 26. 

An instrument purporting on its face to be the stenographic report of 
the trial, and being in the usual stenographic form, is not a suflScient bill- 
of exceptions. 

(Ala.) Lucas v. Mays (1911), 2 Ala. App. 497, 56 So. 593. 

A skeleton bill of exceptions does not authorize consideration of testi- 
mony subsequently transcribed and certified by the official reporter, and it 
does not appear that the same was approved by the trial judge. 

(Ark.) Grand Lodge A. O. U. W. v. Dreher (1912), 151 S. W. 435. 

Evidence which is not incorporated, but merely called for in the bill 
of exceptions will be disregarded, if a transcript thereof was not made at the 
time of the signature of the bUl. Evidence which is referred to in a bill 
of exceptions should be written out, and a copy of it should be attached to 
the bill at the time of signature, so as to render it capable of identification. 
(Mo.) Gorwyn v. Anahle (1892), 48 Mo. App. 297. 

The trial judge cannot sign a skeleton bill of exceptions directing the 
clerk to copy in a reporter's transcript of the evidence not yet made. It is 
the business of the judge who tried the case to say what evidence was intro- 
duced, and he cannot devolve this duty upon the clerk, the reporter 
or counsel. 

(Mo.) Forbs V. St.,L., L M. & S. Ry. Co. (1904), 107 Mo. App. 661, 
82 S. W. 562. 

Under Code Civ. Pro., § 953a, providing for the authentication of a tran- 
script in lieu of the bill of exceptions, the phonographic report of the trial 
must be settled and allowed by the judge, and certified by him as correct, 
before it can take the place of a bill of exceptions. 

(Cal.) Williams v. Lane (1910), 158 Cal. 39, 109 Pac. 873. 

234 



BILL OF EXCEPTIONS 7 A 

An agreement of counsel on a skeleton bill of exceptions does not, 
together with such bill, make the stenographer's notes part of the report, 
the only reference thereto in the bill being "Stenographer's notes, see pages 

)," the matter sought to be made a part of the record being required 

to be so pointed out as to identify it beyond reasonable doubt. 

(Miss.) Grand Court v. Downs (1910), 98 Miss. 740, 53 So. 417. 

An agreement by counsel that the stenographer's notes shall constitute 
the record on appeal will not be considered hy the Supreme Court. 

(N. C.) Bucken v. South & W. R. Co. (1911), 157 N. C. 443, 73 
S. B. 137. 

The Supreme Court cannot review the evidence unless the same is 
incorporated into the record. The stipulation of counsel that the testimony 
as taken by the court stenographer shall be the record in the case does not 
supply the place of a bill of exceptions duly authenticated and certified. 

(Colo.) City of Denver v. Capelli (1877), 3 Colo. 235; Molandin v. 
Railroad Co. (1877), 3 Colo. 173; Ross v. Duggan (1879), 5 Colo. 85; 
McKenzle v. Ballard (1890), 14 Colo. 426, 24 Pac. 1. 

(S. D.) Merchants Nat. Bk. v. McKinney (1894), 6 S. D. 58, 60 
N. W. 162. 

Where the judge who tried the case resigns, and the evidence was 
taken stenographically, his successor, in the exercise of discretion may sign 
and allow a bill of exceptions under Rev. St., § 953, as amended. 
(U. S.) Mclntyre v. M. W. A. (1912), 200 Fed. (C. C. A.) 1. 

A transcript of the reporter's notes not allowed by the trial judge 
cannot be considered as a bill of exceptions. 

(Ariz.) Leatherwood v. Richardson (1907), 11 Ariz. 163, 89 Pac. 503. 

A mere stenographer's transcript that has never been submitted to 
the court as a bill of exceptions, and to be settled by the judge, is not 
suflBcient. 

(Utah) Snow v. Tarpey (1902), 25 Utah 126, 69 Pac. 718. 

The exemplified transcript of the stenographer's notes made by Gen. 
St., 1902, § 695, prima facie a correct statement of the testimony and proceed- 
ings, and a part of the ofBcial record, cannot supply the place of a finding, and 
the Supreme Court cannot determine thereon from the testimony what 
facts were found and what conclusions of law were drawn. 

(Conn.) Lippitt v. Bidwell (1914), 87 Conn. 609, 89 Atl. 347. 

A longhand transcript of the evidence not in compliance with the 
statute, is not a bill of exceptions containing the evidence. 

(Ind.) Rector v. Druley (1909), 172 Ind. 332, 88 N. E. 602. 

A stenographic report of the evidence in a case, not being a part of 
the record, cannot be considered as presenting questions of law on an appeal. 
(Mass.) Hicks v. Graves (1907), 194 Mass. 589, 80 N. E. 590. 

A stenographer's notes containing the detailed proceedings of the trial 
are not properly a part of the appellate record, and cannot be considered 
by the court of appeals. 

(Tex.) Ken Milling Co. v. Bank of Miami (1913), 155 S. "W. (Civ. 
App.) 325. 

In order that the instructions of the court taken stenographically may 
form part of the transcript of the record and be used on appeal, it is neces- 
sary that they should bear Indorsements setting out the decision of the court 
and signed by the judge; and in this way the objections made thereto may 
be considered the same as if they were contained in a bill of exceptions or 
statement of facts. 

235 



7A SHOETHAND EEPOBTEBS 

(Porto Rico) People v. Torres (1905), 9 P. R. 396; People v. Dones 
(1905), 9 P. R. 423; People v. Diaz (1906), 10 P. R. 441; People v. Robles 
(1906), 10 P. R. 470. 

The notes taken by the stenographer during the trial cannot serve on 
appeal as a basis for a consideration of the findings upon evidence, inasmuch 
as the evidence should be set out in a bill of exceptions or a statement of 
facts, in the absence of which it will be presumed that the verdict is accord- 
ing to law. 

(Porto Rico) People v. Bocanegra (1905), 9 P. R. 490. 

The notes taken by the stenographer during the progress of the trial 
of a case cannot be made to form part of the record on appeal, even though 
the same may be certified by the judge of the district court. 
(Porto Rico) People v. Brenes (1905), 9 P. R. 503. 

Although the notes of the stenographer constitute prima facie the min- 
utes of the court, the latter have never been deemed to include in their sig- 
nification the testimony of witnesses; wherefore such notes cannot be con- 
sidered as a bill of exceptions, or statement of facts, nor can the same be 
used as a substitute therefor, nor has the word minutes the same signifi- 
cation as the word record. 

(Porto Rico) People v. Bllgier (1905), 9 P. R. 357. 

In order that the Supreme Court may consider on appeal the evidence 
taken at the trial, it is necessary that the same be set forth in a bill of 
exceptions or statement of facts, and the stenographer's notes cannot be 
used as a substitute for either of these documents. 

(Porto Rico) People v. Duran (1905), 9 P. R. 78; People v. Merced 
(1905), 9 P. R. 480; People v. Ramos (1906), 10 P. R. 7; Roman v. 
American R. R. Co. (1906), 10 P. R. 52; Orteiza v. Martinez (1906), 11 
P. R. 29; Lopez v. American R. R. Co. (1906), 11 P. R. 148; Estate of 
Iglesias v. Bolivar (1906), 11 P. R. 422; Requena v. Mesa (1906), 11 
P. R. 572; Del Toro v. Municipal Court (1910), 16 P. R. 89; People v. 
Santiago (1910), 16 P. R. 446; Orama v. Oyanguren (1913), 19 P. R. 294. 

A transcript of the testimony at the trial certified by the ofiicial sten- 
ographer, but not certified or identified by the trial judge, is not a bill of 
exceptions so as to authorize the court on appeal to consider technical 
objections to the matters set out in the transcript. 

(Or.) Van De Wiele v. Garbade (1912), 60 Or. 585, 120 Pac. 752. 

A copy of the stenographer's notes of the evidence and certified copies 

of the depositions can only be considered by the Court of Civil Appeals 

when incorporated in a statement of facts prepared in conformity to statute. 

(Tex.) Dealy v. Shepherd (1909), 54 Tex. Civ. App. 80, 116 S. W. 638. 

Matters as to the admission of evidence not presented in separate bills, 
but occurring in the stenographic transcript of the facts adduced, cannot 
be reviewed. 

(Tex.) Mays v. State (1906), 50 Tex. Or. Rep. 391, 97 S. W. 703. 

Excerpts from the testimony certified to by the reporter, but not made 
a part of the bill of exceptions may not be used in testing a finding. 

(Vt.) Landon v. Hunt (1909), 82 Vt. 322, 73 Atl. 865. 

Acts of 1905, c. 112, does not provide for bills of exception to be con- 
sidered, as shown by the stenographer's report, on any other subject 
than the admissibility of evidence. It does not provide that bills of excep- 
tion as to pleadings and other matters shall be deemed bills of exceptions. 

(Tex.) Ex parte Denning (1907), 50 Tex. Cr. Rep. 629, 100 S. W. 402. 

A transcript of stenographer's notes made as required by Act 31 Leg. 
(1 Ex. Sess.) c. 3^, § 5, not signed by counsel for the parties, or signed 

236 



BIIX OF EXCEPTIONS 7 A 

or approved by the court, held not to be considered as a statement of facts, 
though no objection is made. 

(Tex.) Buster v. Woody (1912), 146 S. W. (Civ. App.) 689; Wright 
V. State (1913), 70 Tex. Cr. Rep. 73, 156 S. W. 624. 

Under Act 31 Leg. (1 E::. Soss.) c. "i, the stenographer's transcript was 
never intended to be filed in the apptsilace court, but was to be used by the 
party ordering the transcript in preparing the statement of facts. 

(Tex.) Rader v. Galveston, etc., Ry. Co. (1911), 137 S. W. (Civ. 
App.) 718. 

A transcript of the reporter's notes of oral testimony and proceedings 
of a trial, certified to by the trial judge to be "a true and correct state- 
ment of all the proceedings had in said case, and together with the exhibits 
attached contains all of the evidence introduced on the trial" is not a 
bill of exceptions required by statute. 

(Or.) Keady v. United Rys. Co. (1910), 57 Or. 325, 108 Pac. 197. 

Merely filing the stenographer's notes of the judge's charge and print- 
ing it in the paper book will not make it a part of the record unless it 
afiarmatively appears that the filing was the act of the judge himself, or was 
done by his express direction, evidenced by his signature either to the 
charge itself or to the bill of exceptions. 

(Pa.) Smith v. Times Pub. Company (1897), 178 Pa. 481, 36 Atl. 296, 
35 L. R. A. 819. 

No part of the reporter's transcript is a part of the record of a case 
unless incorporated in the bill of exceptions. The certificate of the judge 
as to the transcript, except as incorporated In his certificate to the bill of 
exceptions, does not make the transcript a part of the record. 

(Wis.) Semmens v. Walters (1882), 55 Wis. 682, 13 N. W. 889. 

Under Kentucky Stat. 1019a, providing that the transcript made by the 
stenographic reporter and filed in the clerk's office, when certified by the 
court to be correct, may be used in the court of appeals as part of the 
record, a transcript of the stenographer's notes which is certified as con- 
taining only all the oral evidence introduced, and which is not filed by 
order of court, cannot be treated as a bill of exceptions. 

(Ky.) Southern Ry. Co. v. Thurman (1903), 25 Ky. Law Rep. 804, 
76 S. W. 499. 

The transcript of the evidence prepared by the official stenographer 
and required by § 4639, Stat. 1903, to be filed among the papers used in 
making up the bill of exceptions, does not become part of the record, 
although attached thereto, without an order of the court. 

(Ky.) 111. Cent. R. R. Co. v. Howard (1905), 27 Ky. Daw Rep. 513, 
85 S. W. 732. 

Evidence in equity actions must be made a part of the bill of 
exceptions. 

(Ky.) Dupoyster v. Ft. Jefferson Imp. Co. (1905), 28 Ky. Law Rep. 
504, 89 S. W. 509; Roemer v. Mottley (1914), 161 Ky. 316, 170 S. W. 649. 

Where the record fails to show that the stenographer's transcript of 
the evidence was filed in the circuit court, endorsed as filed, or directed to 
be filed by order of that court, and it Is not referred to, identified by, or 
made a part of the record, It cannot be treated as a bill of exceptions. 

(Ky.) Leslie County v. Burt & Brabb Lbr. Co. (1907), 32 Ky. Law 
Rep. 465, 105 S. W. 1188. 

A mere reference to the stenographer's notes in the bill of exceptions 
is not sufficient to make the shorthand notes or a transcript thereof a part 
of the record, unless they are filed. 

(Iowa) Lowe v. Lowe (1875), 40 Iowa 220. 

237 



7A SHORTHAND EEPOETEES 

Although a statute declares that the notes of an official stenographer 
are the best authority in any matter in dispute, yet a bill of exceptions is 
necessary to take the testimony up for review. 

(Mont.) Raymond v. Thexton (1888), 7 Mont. 299, 17 Pao. 258; 
Sherman v. Higgins (1888), 7 Mont. 479, 17 Pac. 561. 
(Nev.) State v. Darkin (1876), 11 Nev. 315. 

(Pa.) Rosenthal v. Bhrllcher (1893), 154 Pa. 396, 26 Atl. 435; Connell 
V. O'Neil (1893), 154 Pa. 582, 26 Atl. 607; Commonwealth ex rel v. Arnold 
(1894), 161 Pa. 320, 29 Atl. 270; In re O'Brien (1903), 22 Pa. Super. Ct. 475. 

Code § 3675 particularizes the duties of the reporter, but such acts are 
not made part of the record until certified, and when certified they only 
bring into the record what would not otherwise be there, and constitute a 
bill of exceptions. It Is just as much the duty of the reporter to enter in 
his minutes the return of an improper' as of a proper verdict, and he 
is required to note the action thereon. 

(Iowa) State v. Novak (1899), 109 Iowa 717, 79 N. W. 465. 

A stenographer's transcript of the evidence filed at a subsequent term 
cannot be considered, when the court has lost jurisdiction at the previous 
term by signing a bill of exceptions which did not contain the evidence. 

(Ky.) Knecht v. Louisville Home Tel. Co. (1905), 28 Ky. Law Rep. 
456, 121 Ky. 492, 89 S. "W. 508; Dupoyster v. Ft. Jefferson Imp. Co. (1905), 
28 Ky. Law Rep. 504, 89 S. W. 509. 

The notes of a stenographic reporter form no part of a bill of exceptions 
unless embodied therein or referred to in the bill so as to identify them. 
(Cal.) People v. Talng- (1879), 53 Cal. 602. 
(N. M.) Rogers v. Richards (1896), 8 N. M. 658, 47 Pao. 719. 

A transcript of the evidence by the shorthand reporter not containing 
the name of the cause except by endorsement on the outside not in the 
handwriting of the reporter, and not referred to in the certificate and not 
identified in any other manner is not sufficiently identified to become a part 
of the record, though inserted in the proper place in the bill of exceptions. 
(Iowa) Joy V. Bitzer (1889), 77 Iowa 73, 41 N. "W. 575, 3 L. R. A. 184. 

Before a transcript of the evidence originally taken in shorthand can be 
used on appeal, it must be set out at length in the bill of exceptions. 
(Ark.) Moore v. State (1898), 65 Ark. 330, 46 S. W. 127. 
(Ind.) Woollen v. Wishmier (1880), 70 Ind. 108; Lowery v. Carver 
(1885), 104 Ind. 447, 4 N. E. 52; Marshall v. State (1886), 107 Ind. 173, 
6 N. B. 142; Fahlor v. State (1886), 108 Ind. 387, 9 N. B. 297; Dick v. 
Mullins (1891), 128 Ind. 365, 27 N. E. 741; Shirk v. Coyle (1891), 2 Ind. 
App. 354, 27 N. E. 638. 

(Iowa) Lowe v. Lowe (1875), 40 Iowa 220. 

Where the clerk took the part of the original bill of exceptions con- 
taining the evidence and incorporated it In the transcript without copying 
it, but copied the remainder of the bill including the judge's certificate, 
the evidence is not properly in the record under § 661 nor under § 638a, 
Bums' Stats., 1901. 

(Ind.) Mankin v. Penn. Co. (1902), 160 Ind. 447, 67 N. E. 229. 

A statute providing that the original notes when filed in the office of 
the clerk shall become a part of the record and admissible as evidence in 
any case where material, does not dispense with the necessity for a bill 
of exceptions. 

(Iowa) McAnnulty v. Seick (1882), 59 Iowa 586, 13 N. W. 743; State 
V. Hessian (1882), 58 Iowa 68, 12 N. W. 77; McCarthy v. Watrous (1886), 
69 Iowa 260, 28 N. W. 602. 

A statute providing that the notes of the shorthand reporter shall be 
deemed official and the best authority in any matter in dispute, does not 

238 



BILL OF EXCEPTIONS 7A 

make the notes a part of the record without their being made so by the 
judge by certifying a proper bill of exceptions. 

(W. Va.) Tracy's Adm'x. v. Carver Coal Co. (1905), 57 W. Va. 687, 
50 S. E. 825; Parr v. Currence (1905), 58 W. Va. 523, 52 S. B. 496. 

The minutes of a stenographer taken at the trial, in the absence of 
statute, are not oflBcial records, and can only be made a part of the record 
of a case by being incorporated in the case by bill of exceptions signed 
and settled by the judge. 

(Dak.) Golden Terra Mln. Co. v. Smith (1881), 2 Dak. 377, 11 
N. W. 98. 

The fact that a statute authorizes the minutes of the official stenog- 
rapher to be used in settling the bill of exceptions, does not give them 
the character of record evidence. 

(Mich.) Edwards v. Heuer (1881), 46 Mich. 95, 8 N. W. 717. 

The filing of a transcript with the certificate of the judge and clerk's 
certificate, to the effect that the judge certified thereto, does not make the 
evidence properly on record so as to authorize its consideration on appeal, 
when there is no bill of exceptions. 

(Ind.) Smith v. American Crystal Monument Co. (1902), 29 Ind. 
App. 308, 62 N. E. 1013. 

The fact that a bill of exceptions recites the making of a transcript by 
the official stenographer, and of its examination and approval by the court 
and an order by the court that the transcript be made a part of the bill of 
exceptions, and commanding the clerk to attach a copy thereto, does not 
make the transcript a part of the bill, as the mere identification by the 
trial judge is insufficient to constitute such transcript a part of the bill 
of exceptions. 

(Or.) Nosier v. Coos Bay etc. R. & Nav. Co. (1901), 40 Or. 305, 
63 Pac. 1050, 64 Pac. 855. 

The certificate of the stenographer, who transcribed his notes for 
an appeal, that the transcript contains all the evidence, cannot supply the 
certificate of the judge to that effect, or an omission of the bill of excep- 
tions to show that it does. 

(Mont.) State v. Shepherd (1899), 23 Mont. 323, 58 Pac. 868. 

When a record on appeal includes a transcript of the evidence, but 
contains no bill of exceptions, the appellate court will not consider any 
question in regard to the admission, rejection or sufficiency of evidence. 
(Ind.) King v. Wright (1901), 27 Ind. App. 600, 61 N. E. 796. 

Under Rev. Codes, § 4434, as amended by Laws 1911, c. 119, a matter 
contained in the stenographer's transcript cannot be reviewed unless such 
transcript is settled by the judge. 

(Ida.) Chapman v. Averlll Mach. Co. (1915), 147 Pac. 785. 
And see cases cited under 7B of this digest. 

7B Notes as Bill of Exceptions. 

When the transcript of the stenographic notes is properly attested, 
the transcript becomes a bill of exceptions. 

(Pa.) Connell v. O'Neil (1893), 154 Pa. 582, 26 Atl. 607. 

Where a stenographer is appointed under the provisions of the statute, 
his note of the bill of exceptions to the admission or rejection of evidence 
Is sufficient, and it is not essential that the bill should be actually sealed 
by the judge. 

(Pa.) Chase v. Vandergrlft (1878), 88 Pa. 217. 

239 



7B SHOBTHAND BEP0ETEB8 

There is a present tendency to uphold bills of exceptions when sub- 
stantial justice will be thus promoted, and the purpose of the bills sub- 
served, rather than to reject them on technical grounds. 

(Mo.) Patterson v. Yancey (1903), 97 Mo. App. 681, 71 S. "W. 845. 

Under Rev. Codes, § 4434, as amended by Laws 1911, c. 119, the tran- 
script of the evidence certified by the stenographer must be settled by the 
trial judge. 

(Idaho) Grisinger v. Hubbard (1912), 21 Idaho 469, 122 Pac. 853; 
Furey v. Taylor (1912), 22 Idaho 605, 127 Pao. 676; Edwards v. Anderson 
(1913), 23 Idaho 508, 130 Pac. 1001; Strand v. Crooked River M. & M. 
Co. (1913), 23 Idaho 577, 131 Pao. 5; Chapman v. Averill Mach. Co. (1915), 
147 Pac. 785. 

No preliminary order that the case be reported is necessary under Code 
§ 3675; if the proceedings are in fact taken down and duly certified, they 
become the record. 

(Iowa) State v. Welsh (1899), 109 Iowa 19, 77 N. W. 369. 

Where the reporter's notes were filed with the clerk prior to the filing 
of the skeleton bill of exceptions which directed the clerk to insert the 
evidence as shown by said notes therein, the bill of exceptions was suffi- 
cient to make the evidence a part of the record, though the notes when filed 
were not certified and no entry of the filing thereof was made in the clerk's 
record. 

(Iowa) Holscher v. Gehrig (1904), 127 Iowa 369, 101 N. W. 759. 

A call for the insertion of the evidence in a skeleton bill of exceptions 
will be sufiicient to authorize the clerk to copy it into and make it a part 
of the record, when the transcript of evidence as made by the stenographer 
has been examined and approved by the judge and has been attached to 
the bill. 

(Mo.) State v. Dalton (1891), 106 Mo. 463, 17 S. W. 700. 

The statute making the shorthand notes and their extension a bill of 
exceptions does not deprive the court of the right to settle and approve 
a bill of exceptions according to the former practice. 

(Iowa) State v. Kehr (1908), 137 Iowa 91; 114 N. W. 542. 

All that a judge is required to authenticate in lieu of a bill of excep- 
tions is the stenographic notes of the trial. 

(Cal.) Christenson Lumber Co. v. Seawell (1910), 157 Cal. 405, 108 
Pac. 276; Laplque v. Super. Ct. of Orange County (1912), 18 Cal. App. 50, 
122 Pac. 80. 

A reporter's transcript of the whole evidence taken prior to the denial 
of a motion for nonsuit is a proper bill of exceptions to present the court's 
alleged error in denying the motion for review on appeal. 

(Or.) Gobbl v. Dlleo (1911), 58 Or. 14, 113 Pac. 57. 

When the court embodies in longhand in the bill of exceptions a tran- 
script of the stenographic notes, he adopts them as his own. 

(Ind.) Stagg V. Compton (1881), 81 Ind. 171; Davis v. Liberty 
Gravel Road Co. (1882), 84 Ind. 36; Dennis v. State (1885), 103 Ind. 142, 
2 N. E. 349; Ind. etc. R. R. Co. v. Quick (1887), 109 Ind. 295, 9 N. B. 788, , 
925; McCorraick Harvesting Mach. Co. v. Gray (1887), 114 Ind. 340, 16 
N. B. 787; Bverman v. Hyman (1891), 26 Ind. App. 165, 28 N. E. 1022, 
84 Am. St. Rep. 284; McCoy v. Able (1892), 131 Ind. 417, 30 N. E. 528, 
31 N. B. 453. 

Where a judge orders a stenographer's notes filed, he adopts them as 
his own. 

(Pa.) Connell v. O'Neil (1893), 154 Pa. 582, 26 Atl. 607. 

240 



BUX OF EXCEPTIONS 7B 

When the testimony is taken by a stenographer by agreement of coun- 
sel and the transcript of the stenographer is approved by the court as a 
correct bill of exceptions and ordered filed, and is deposited with the clerk 
in the time provided by law, such transcript is a sufficient bill of exceptions, 
although the stenographer is not an ofiicial stenographer. 

(Ark.) Young v. Gaut (1901), 69 Ark. 114, 61 S. W. 372, 

If the shorthand notes are properly certified by the reporter and judge,, 
and filed within the proper time, they become a part of the record without 
any special direction to that effect by the judge in his certificate, but if 
neither the notes nor the transcript are thus certified within the time for 
filing the bill of exceptions, they cannot be considered. 

(Iowa) Bunyan v. Doftus (1894), 90 Iowa 122, 57 N. W. 685. 

If the court In certifying to a bill of exceptions recognizes the person 
who took the evidence as the ofiicial stenographer, such stenographer 
becomes the de facto stenographer, and it is no exception to the bill of 
exceptions that he was not legally appointed. 

(Iowa) Etter v. O'Nell (1891), 83 Iowa 655, 49 N. "W. 1013; Header 
V. Allen (1900), 110 Iowa 588, 81 N. W. 799. 

Where a stenographer certifies that his report of the testimony signed 
and approved by the judge contains a full and accurate transcript of the 
shorthand notes of the oral testimony given on the trial of the case, and 
that this is all the evidence offered by either party or heard by the court 
and the jury on the trial of the case, the motions and exceptions made on 
the trial being fully set out, and the transcript is noted of record on the 
order book of the court as a bill of exceptions, It may be treated as a 
bill of exceptions under Code. Civ. Prac, Par. 335, which provides that 
no particular form of exceptions or bill of exceptions is required. 

(Ky.) MoKeever v. Kennedy (1897), 19 Ky. Law Rep. 845, 42 S. "W. 
114. 

Under Code Civ. Prac, 335, relating to bills of exceptions, a copy of 
the stenographer's transcript approved by the court and filed for the pur- 
pose of appeal, will be considered and treated as a bill of exceptions, where 
it contains all the essentials of a bill of exceptions. 

(Ky.) Louisville & A. R. Co. v. Phillips' Admr. (1912), 148 Ky. 49, 
145 S. "W. 1105. 

Where a bill of evidence was made by the court stenographer and 
contained the statement over his official signature that it embraced all 
the evidence, and such statement, together with the bill as a whole, received 
the approval of the trial judge over his signature and was by him ordered 
to be filed; held, that the bill of evidence was a part of the record on appeal. 
(Ky.) Slusher. v. Pennington (1907), 31 Ky. Law Rep. 950, 104 
S. "W. 354. 

Where the official stenographer's transcript contains all the evidence, 
and all exceptions and objections, and is certified to as correct 
by the stenographer and approved by the trial judge, and 
made a part of the record by an order of court, it is not neces- 
sary to put in a separate bill of exceptions the names of the witnesses who 
testified, nor any exceptions or objections relating to their evidence, or to 
any other evidence heard or offered, which appears in the stenographer's 
transcript. 

(Ky.) Sinclair's Admr. v. 111. Cent. R. R. Co. (1907), 30 Ky. Law 
Rep. 1040, 100 S. W. 236. 

The fact that a reporter failed to furnish a transcript of the evidence 
within the time ordered by the judge, under § 4434 Rev. Codes, as amended 

241 



7B 8H0ETHAND EEPOBTEBS 

by c. 119, Laws of 1911, will not defeat an appeal if counsel has been guilty 
of no laches in the matter. The court will in all respects insist upon the 
prosecution of appeals with diligence, but Rule 77 of the Supreme Court 
Rules is directory and advisory only, and not mandatory. 

(Idaho) Fischer v. Davis (1913), 24 Idaho 217, 133 Pac. 910. 

Wbere a bill of exceptions signed by the judge was skeleton in form, 
but unmistakeably referred to the reporter's notes of the evidence and 
directed the evidence thus taken to be inserted; held, sufficient. 

(Iowa) Glenn v. Gleason (1883), 61 Iowa 28, 15 N. W. 659. 

(W. V.) Cable Co. v. Mathers (1913), 72 W. Va. 807, 79 S. B. 1079. 

Where the stenographer's report of the evidence is endorsed as a 
correct copy by the counsel for both parties to an action, is signed by the 
trial judge and is securely attached by paper fasteners to the bill of excep- 
tions, the biU and report are so articulated as to form one paper, and there- 
fore a reference in the bill to the evidence will be construed as applying 
to the evidence contained in the report. 

(Va.) Kecoughton Lodge v. Stelner (1907), 106 Va. 589, 56 S. E. 
569, 10 Ann. Cas. 256. 

A carbon copy of an official stenographer's transcript of the testimony 
after having been examined and compared with the original is properly 
included in the transcript on appeal. 

(Md.) Mlddendorf v. Baltimore Refrlg. Co. (1912), 117 Md. 443, 
84 Atl. 150. 

When the stenographer's report is made a part of the bill of exceptions 
and there is a conflict between it and the facts alleged in the bill, the report 
will control. 

(Me.) Harmon v. Harmon (1875), 63 Maine 437; Tower v. Haslam 
(1891), 84 Maine 86, 24 Atl. 587. 

(Vt.) Roebllng Sons Co. v. B. & M. Tract Co. (1903), 76 Vt. 131, 
56 Atl. 530. 

Where the stenographer's report or transcript is referred to by the 
exceptions for certain purposes, it is before the Supreme Court only in 
those particulars. 

(Vt.) Roach V. Caldbeck (1892), 64 Vt. 593, 24 Atl. 989. 

Bills Of exceptions duly signed by the judge will not be disregarded 
because the stenographer was not sworn. 

(Ind.) "Williams v. Turnpike Co. (1881), 76 Ind. 87; Lord v. Bishop 
(1884), 101 Ind. 334. 

(Iowa) Meader v. Allen (1900), 110 Iowa 588, 81 N. W. 799. 

Where a volume of manuscript which was evidently a report of the 
evidence and which contained the formal parts of a bill of exceptions, was 
signed by the judge within the time allowed, and filed with the clerk as 
the original bill, the evidence is sufficiently before the court for review. 

(Ind.) Breedlove v. Breedlove (1901), 27 Ind. App. 560, 61 N. E. 797. 
Acts of 1897, c. 162, declaring the manner in which the evidence shall 
be taken down and how it shall become a part of the record on appeal, is 
not limited to shorthand reporters appointed by the court. 

(Ind.) Chicago & S. B. Ry. Co. v. McBwen (1904), 35 Ind. App. 251, 
71 N. B. 926. 

7C Preparation of Bill of Exceptions. 

Mandamus will lie to compel a judge to sign a bill of exceptions when 
a correct one is presented in apt time, in cases where the right of appeal 
exists. 

(111.) People V. Pearson (1839), 2 Scam. 189; People v. Pearson 
(1840), 3 Scam. 270; People v. Jameson (1867), 40 m. 93; HuUet v. Ames 

242 



Blli OF EXCEPTIONS 7C 

(1874), 74 in. 253; People v. WUliams (1878), 91 lU. 87; People v. 
?„®„"xf,'"^„^^* (1886). 117 111. 588, 6 N. B. 695; People v. Anthony (1889), 
l-i9 111. 218, 21 N. E. 780; Hawes v. People (1889), 129 111. 123, 21 N. E. 
777; People v. Chytraus (1899), 183 111. 190, 55 N. E. 666; People v. 
Holdom (1901), 193 111. 319, 61 N. E. 1014; State ex rel v. Chetlain (1905), 
219 111. 248, 76 N. E. 364. 

When, according to the undisputed facts, a correct, complete and accu- 
rate bill of exceptions is presented to the judge, he is without discretionary 
power, and being without discretion, is obliged to act and sign the bill of 
exceptions. 

(111.) state ex rel v. Chetlain (1905), 219 111. 248, 76 N. E. 364. 

The trial court cannot refuse a bill of exceptions because it was not 
prepared by the official reporter, or verified by any such person or official. 
(111.) People V. Holdom (1901), 193 111. 319, 61 N. E. 1014; State ex 
rel V. Chetlain (1905), 219 111. 248, 76 N. B. 364. 

The Act of 1887 does not make it obligatory upon the party preparing 
a bill of exceptions to use the notes of the official court reporter only, but 
he may prepare and submit a bill of exceptions containing evidence taken 
by any competent and reliable reporter whom he chooses to employ. 
(111.) State ex rel v. Chetlain (1905), 219 111. 248, 76 N. E. 364. 

Under a statute providing that nothing in the act should be construed 
to prevent parties from preparing statements of fact independently of the 
transcript of the notes of the official shorthand reporter, mandamus will 
not lie to compel the reporter to prepare a record for appeal where relator 
in no way undertook to account for his failure to immediately make up a 
statement of fact for approval by the judge. 

(Tex.) Young v. Pearman (1910), 125 S. W. (Tex. Civ. App.) 360. 

On application for mandamus, the judge was compelled to settle a state- 
ment consistently with exceptions taken at the trial and allowed by the 
court at the time, and as shown by the stenographer's report. 
(Wash.) In re Rosner (1893), 5 Wash. 488, 32 Pac. 106. 

The trial judge cannot require that the entire transcript of the reporter's 
minutes be embodied In a statement of facts to which no amendments are 
proposed, because of his inability to decide upon its accuracy without a 
complete transcript of the reporter's minutes, since it is a duty devolving 
upon him to examine the statement and determine from his own judgment 
whether it contains "all the material facts, matters and proceedings" there- 
tofore occurring in said cause and not a part of the record, and if it does 
not, to require their insertion. 

("Wash.) State ex rel v. CllfEord (1909), 55 "Wash. 440, 104 Pac. 631. 

"Where neither the proposed case nor the case as settled by the trial 
justice conforms to the actual occurrences as disclosed by the stenographer's 
minutes, the record should be amended by inserting a transcript of said 
minutes. 

(N. T.) Thomas v. American Molasses Co. (1913), 158 App. Dlv. 692, 
143 N. T. S. 813. 

A party to an appeal is entitled to have his case show the facts as they 
really happened at the trial, and should not be prejudiced by an error or 
omission of the stenographer. "Upon the settlement of the case the trial 
judge must pass upon the accuracy of the record, and the minutes of the 
stenographer, although entitled to great weight, are not conclusive. The 
trial judge need not rely upon the stenographer's minutes hut may settle 
the case from his notes and his recollection of what occurred. 

(N. T.) People v. BuccufurrI (1913), 154 App. Dlv. 827, 139 N. T. S. 
305; Weber v. Interborough Rapid Transit Co. (1915), 152 N. T. S. 197. 

243 



7C SHORTHAND BEPOBTERS 

Under Rev. Stat. 1895, Art. 1380, even though an official shorthand re- 
port had been made of the trial, if a transcript is not ordered by either party, 
it is the duty of the trial judge to sign a Dill of excepciona presented by 
either party if correct, the official stenographer act not being the only 
method of carrying the record into the appellate court. 

(Tex.) Mlddlehurst v. CoUins-Gunther Co. (1906), 99 S. "W. (Tex. 
Civ. App.) 1027. 

In preparing bills of exceptions parties are not required to resort to the 
stenographer's copy of the oral evidence, but they may write it out from 
their notes or from memory as was formerly done. 

(Mo.) state ex rel v. Wear (1890), 101 Mo. 414, 14 S. W. 115. 

In making up statements or bills of exceptions, litigants are under no 
obligation to use the transcript of the evidence furnished by the official 
stenographer; and they may use the notes of any person which furnish a 
correct narrative of the proceedings. 

(Mont.) York v. Steward (1904), 30 Mont. 367, 76 Pac. 756. 
Where a trial judge interlines a bill of exceptions and states that he 
did not think all of the evidence was reported by the stenographer, the 
court of appeals must accept the facts as certified by the judge, and his 
statement cannot be discredited by an assignment charging error in chang- 
ing the testimony of a witness as taken by a sworn stenographer. 

(Tex.) Nacogdoches Grocery Co. v. Hushing & Smith (1904), 82 
S. W. (Tex. Civ. App.) 659. 

While depositions filed with the clerk should be copied In the record 
he makes for the court of appeal, and should not be embodied in the tran- 
script made by the official stenographer, under Ky. Stat. 4639, which con- 
templates that the stenographer shall only take notes of and make a tran- 
script of the oral testimony, yet, where the depositions appear in the stenog- 
rapher's transcript, signed by the judge, or where the bill of exceptions 
shows that the depositions of named witnesses were read as evidence, and 
they were copied by the clerk In the record made out by him, or where the 
stenographer's transcript shows that the depositions of named witnesses 
were read, and they are copied by the clerk in the record, the depositions 
will be considered as a part of the record. 

(Ky.) Postal Tel. Cable Co. v. Louisville Cotton Oil Co. (1909), 136 
Ky. 843, 122 S. W. 852. 

A judge cannot be compelled by mandamus to sign a particular bill of 
exceptions when he alleges in his answer to a rule from the Supreme Court 
that such bill does not truly state the facts. It is necessary, however, that 
he should sign a proper bill, which he must certify does contain the facts. 

(W. V.) Cummings v. Armstrong (1890), 34 W. Va. 1, 11 S. E. 742. 

Under Act of April 3, 1902, p. 566, providing for appeals from the Dis- 
trict to the Supreme Court, the judge of the District Court is not required 
to certify the transcribed stenographic notes of the trial as the state of the 
case, but is to certify the facts found by him. 

(N. J.) Boland v. Kaveny (1904), 71 N. J. Law 488, 58 Atl. 99; 
Spelser v. North Jersey St. Ry. Co. (1906), 73 N. J. Law 413, 63 Atl. 867. 

The statute making the shorthand notes and their extension a bill of 
exceptions, does not deprive the court of the right to settle and approve a 
bill of exceptions according to the former practice. 

(Iowa) State v. Kehr (1908), 137 Iowa 91, 114 N. W. 542. 

It is the duty of the trial judge to examine the bill of exceptions which 
is submitted to him and determine whether it is correct and accurate. The 
signing and sealing of a bill of exceptions is a judicial, not merely a mln- 

244 



BILL OF EXCEPTIONS 7C 

isterial act. If the judge cannot remember the evidence he may send for 
witnesses who testified before him and examine them again, and in this or 
some other mode determine the facts to be incorporated in the certificate. 
(111.) State ex rel v. Chetlain (1905), 219 111. 248, 76 N. E. 364. 

It is no excuse for refusing to settle a statement that appellant had 
failed to pay for the transcript of evidence of a stenographer employed at 
the trial, which the judge desired to consult and which was prepared and 
filed in the cause, but afterwards withdrawn and held by the stenographer 
as security for his fees, as the court can order its return to the files. 

(Wash.) state ex rel v. Allyn (1891), 2 "Wash. 470, 27 Pac. 233. 

Ky. Stat., 1903, § 1019a, provides for the appointment of an ofiicial court 
stenographer for the courts of continuous session, and article 8 declares that 
the transcript made by the reporter and filed in the clerk's office may be 
used in the Court of Appeals as part of the record. Seld, that where the 
record was taken and preserved by an official court reporter, it was proper 
for the court to refuse to sign a bystander's bill of exceptions which was 
' incorrect. 

(Ky.) Zehe's Admr. v. City of Louisville (1906), 123 Ky. 621, 96 
S. "W. 918. 

Ky. Stat., § 4639, provides that the transcript may be used in making 
up a bill of exceptions, and § 4644 declares that a transcript, when attested 
by the judge before whom the trial was had, may be taken without being 
copied to the Court of Appeals, to be used on appeal. Held, that since § 4644 
was only intended to save the cost of copying the transcript, where the 
transcript is made a part of the bill of exceptions, "the same as if copied 
therein," and has been approved by the judge presiding when the bill was 
filed, the statute shall be regarded as having been substantially complied 
with, and the transcript may be used on appeal without having been copied 
into the bill of exceptions. 

(Ky.) County Board of Education v. Rankin (1911), 142 Ky. 324, 
132 S. W. 1026. 

A bill of exceptions may not contain any matter in the characters used 
by shorthand writers, upon the principle that all pleadings must be in the 
English language. The characters used in stenography cannot be said to 
be in the English language. 

(Ind.) Merrick v. State (1878), 63 Ind. 327. 

There is no way by which the speeches of counsel may be legally placed 
on record, nor can it be seen how the judgment of the court could be re- 
versed by reason of their remarks. 

(Pa.) Commonwealth v. Nicely (1889), 130 Pa. 261, 18 Atl. 737. 

Where the remarks of counsel were not incorporated in any official 
repoit of his speech made by the stenographer, but the statements were 
taken down at the time by the opposing counsel, and were in the bill of ex- 
ceptions, certified to by the trial judge, the remarks were properly before 
the appellate court. 

(Ky.) Louisville & Nashville R. R. Co. v. Payne (1910), 138 Ky. 274, 
127 S. W. 993. 

Where a bill of exceptions does not show any objection to the argument 
of the prosecuting attorney, or any ruling of the court with reference there- 
to, or exceptions taken to such ruling, an affidavit by the stenographer who 
reported the trial showing such facts cannot supply the defects. 

(Wyo.) Jenkins v. State (1913), (On rehearing), 22 Wyo. 34, 135 
Pac. 749. 

245 



7C SHOETHAND REPOBTEBS 

A bill of exceptions cannot be amended so as to show the introduction 
of omitted evidence by an aflSdavit of an attorney for one of the parties that 
the evidence was omitted by the reporter by mistake. 

(Ky.) Nicholson Coal Mining Co. v. Moulden (1911), 143 Ky. 348, 
136 S. W. 620. 

On an appeal from the county court in a civil case it is proper to bring 
the original statement of facts filed below to the appellate court instead of 
copying the statement in the transcript. 

(Tex.) McMullen v. Green (1912), 149 S. W. (Tex. Civ. App.) 762; 
Staley v. Colony Union Gin Co. (1914), 163 S. "W. (Tex. Civ. App.) 381. 

The provisions of 31 Leg., p. 374, relative to the incorporation of a 
statement of facts in the clerk's transcript do not apply to criminal cases 
in the county court.. 

(Tex.) Brogdon v. State (1911), 63 Tex. Cr. Rep. 475, 140 S. W. 352. 

The provisions of Art. 2073 that on an appeal from the district or county 
court the parties shall have thirty days after adjournment of court in which 
to prepare and file a statement of facts and bills of exception, by the express 
provisions of this article, only applies where official shorthand reporters 
have in fact been appointed. 

(Tex.) Hamilton v. State (1912), 145 S. W. (Tex. Cr. Rep.) 348. 

Bills of exceptions should show only what actually occurred in court, 
and what the court stenographer told the court as to what happened in the 
jury room where he was sent by consent of counsel to read testimony to the 
jury cannot be embodied in the bill of exceptions. 

(Mo.) Quinn v. Metropolitan St. Ry. Co. (1909), 218 Mo. App. 545, 
118 S. "W. 46. 

The evidence stated in a bill of exceptions need not have been tran- 
scribed by the official stenographer. 

(Ind.) Avery v. Nordyke & Marmon Co. (1904), 34 Ind. App. 541, 
70 N. E. 888. 

A bill of exceptions cannot be objected to upon the ground that the 
stenographer was not sworn. 

(Ind.) Williams v. Turnpike Co. (1881), 76 Ind. 87; Lord v. Bishop 
(1884), 101 Ind. 334. 

(Iowa) Meader v. Allen (1900), 110 Iowa 588, 81 N. W. 799. 

A bin of exceptions cannot be objected to upon the ground that the 
stenographer was not regularly appointed by the judge. 

(Iowa) Btter v. O'Neal (1891), 83 Iowa 655, 49 N. "W. 1013; Meader 
V. Allen (1900), 110 Iowa 588, 81 N. "W. 799. 

Where there is no official stenographer in the district, the court may 
appoint a competent stenographer to keep the record, and if he does so and 
the record is prepared as required by law, it is sufficient. It is immaterial 
how the stenographer is appointed. 

(Tex.) Galveston, H. & S. A. R. R. v. Quinn (1907), 100 Tex. 613, 102 
S. "W. 723. 
It Is not the judge's duty to require the court stenographer to read his 
notes to him in settling a bill of exceptions. 

(S. D.) Myers v. Campbell (1899), 11 S. D. 433, 78 N. W. 353. 

An appellate court will not refuse to consider the evidence because the 
bill of exceptions does not show that the stenographer was selected or agreed 
upon by the parties, or that he was sworn to report the case, when the 
Judge certifies that the report sets out all the evidence that was given In 

the case. 

(Ind.) Garn v. Working (1892), 5 Ind. App. 14, 31 N. E. 821; Gaar 
Soott & Co. V. Wilson (1898), 21 Ind. App. 91, 51 N. E. 502. 

246 



Blli OF EXCEPTIONS 7C 

Where an examination of a juror on his voir dire discloses that he 
was a competent juror, and the record proper shows that he was so accepted 
by the court and he was not challenged, an entry in the stenographer's notes 
of the evidence, and copied into the bill of exceptions, directing the juror 
to "stand aside," will be disregarded as having been inadvertently made. 
(Mo.) State v. Hultz (1891), 106 Mo. 41, 16 S. W. 940. 

When a stenographer is appointed and acts in the trial of a case, it 
makes no difference by whom the evidence is written out, if the evidence 
be shown in a bill of exceptions which purports to contain all the evidence. 
(Ind.) Hill V. Hagaman (1882), 84 Ind. 287. 

On an appeal from the court of claims in an equity case under a special 
act, the evidence must be set out so that the Supreme Court can review the 
facts and the law as in other cases in equity. 

(U. S.) Harvey v. United States (1881), 105 U. S. 671, 26 L,. Ed. 1206. 

Where defendant was delayed in making his case on appeal by the 
failure of the stenographer to furnish a copy of the minutes, and by negoti- 
ations for a settlement, a motion to declare the appeal abandoned for failure 
to make and serve the case in time should not be sustained, though defend- 
ant failed to ask for an extension. 

(N. T.) Fox V. Fox (1913), 82 Misc. 394, 143 N. T. S. 714. 

Under Laws of 1913, c. 178, § 6, providing that where no mode is pro- 
vided by law for the settlement of the record, it shall be settled and certi- 
fied as the Supreme Court may direct, the trial court must, on the death 
of the official stenographer, appoint some competent stenographer as the 
official reporter, who, after qualifying shall prepare from the stenographic 
notes such transcript as appellant may direct. 

(S. D.) Henry v. Meade County Bank of Sturgis (1913), 32 S. D. 298, 
142 N. W. 1130. 

Under Act. No. 136 of 1880, Code Prac. arts. 896-898, held that the defend- 
ant's appeal by transcript, omitting plaintiff's testimony, would be dis- 
missed, though plaintiff, because of poverty, was unable to pay for the tak- 
ing of evidence. 

(La.) Bartlett v. Lee (1914), 66 So. 390. 

That there was no stenographer present when testimony was heard 
does not deprive parties of the right to insert such evidence in the record. 
(S. D.) Wood V. McCain (1914), 34 S. D. 544, 149 N. W. 426. 

Under Rev. St. 1911, arts. 1924, 2070, a statement of facts prepared from 
stenographer's notes, no transcript of which had been filed, should be strick- 
en, where the parties have not agreed to a statement as authorized by the 
article. 

(Tex.) Gulf, C. & S. F. Ry. Co. v. Prazak (1914), 170 S. W. (Tex. 
Civ. App.) 859. 

Under Acts 32d Leg., c. 119, §§ 5, 6 and 13, where appellant had the 
official stenographer prepare in narrative form a statement of facta from 
the shorthand notes, the reporter acted as appellant's agent, and the state- 
ment so prepared was a statement of facts, independent of the transcript 
of the reporter's notes permitted by § 13. 

(Tex.) Canode v. Sewell (1914), 170 S. W. (Tex. CJv. App.) 271. 

7D Bill of Exceptions should be In Condensed Form. 

A bill of exceptions should be in condensed and narrative form. 

(Ala.) Hester v. Cantrell (1910), 169 Ala. 490, 53 So. 1009; Turner 
v. Thornton (1915), 68 So. 813. 

(Mich.) Andrews v. Lavery (1909), 169 Mich. 26, 123 N. W. 643. 
(Mo.) McMlllen v. Elder (1911), 155 Mo. App. 662, 136 S. W. 496. 

247 



^T> SHOBTHAND EEPOETEES 

(N. C.) Cressler v. Asheville (1905), 138 N. C. 482, 51 S. E. 53; 
Bucken v. South & W. R. Co. (1911), 157 N. C. 443, 73 S. E. 137; Locklear 
V. Savage (1912), 159 N. C. 240, 74 S. E. 347. 

(N. D.) O'Keefe v. Beecher (1908), 17 N. D. 404, 117 N. "W. 353. 

(N. T.) Pulcino v. Long Island- R. R. Co. (1908), 125 App. Dlv. 629, 
109 N. Y. S. 1076. 

(Vt.) Josselyn v. Town of Ludlow (1872), 44 Vt. 534. 

The Stenographer's notes should not be included in the bill of excep- 
tions or statement of facts. The evidence should be set forth in those docu- 
ments in narrative form. 

(Porto Rico) People v. Robles (1906), 10 P. R. 470; Rivera v. Tibet 
(1906), 11 P. R. 531; Lamboglla v. School Board of Guayama (1907), 13 
P. R. 51; People v. Llauger (1908), 14 P. R. 534. 

It is improper on appeal, even in equity cases, to print the entire stenog- 
rapher's minutes without elimination of immaterial testiiKony, repetitions 
and arguments. 

(Mich.) Tower v. Somerset (1906), 143 Mich. 193, 106 N. W. 874. 

It Is improper under Rev. 1905, § 591, to submit as a prepared case the 
stenographer's notes in the form of question and answer, though plaintiff 
sued in forma pauperis. 

(N. C.) Skipper v. Kingsdale Lumber Co. (1912), 158 N. C. 322, 
74 S. B. 342. 

A bill Of exceptions should be stricken from the files when it contains 

a verbatim copy of the stenographer's notes, instead of a narrative thereof. 

(Ala.) Gassenheimer Paper Co. v. Marietta Paper Mfg. Co. (1899), 

127 Ala. 183, 28 So. 564; Woodward Iron Co. v. Herndon (1900), 130 Ala. 

364, 30 So. 370; L. & N. R. R. Co. v. Hall (1901), 131 Ala. 161, 32 So. 603; 

Birmingham Nat. Bank v. Bradley (1902), 134 Ala. 660, 31 So. 1035. 

(Tex.) Murphy & Co. v. Dunman (1909), 55 Tex. Civ. App. 587, 120 
S. "W. 240. 

Before incorporating the notes of the stenographic reporter in a bill of 
exceptions, all matters should be eliminated which are not necessary to illus- 
trate the point to be presented on appeal. Unless such matters are elim- 
inated it is the duty of the court not only to refuse to settle the bill, but 
to strike it from the files. 

(Cal.) People v. Tetherow (1870), 40 Cal. 286; People v. PadlUla 
(1871), 42 Cal. 535; People v. Getty (1875), 49 Cal. 584; People v. Sprague 
(1879), 53 Cal. 423; People v. Taing (1879), 53 Cal. 602. 

Under § 997 of the Code of Civ. Pro., which provides that the record on 
appeal must contain so much of the evidence and other proceedings as is 
material to the question raised, it is proper for the court to strike out the 
irrelevant matter in the stenographer's notes which is Included in the pro- 
posed settlement of the case. 

(N. T.) Wierichs v. Innis (1900), 32 Misc. 462, 66 N. T. S. 553. 

A statement of facts consisting of the stenographer's notes in question 
and answer form in violation of the Acts of 1907, p. 509, was objectionable 
and might be stricken out on the court's own motion. 

(Tex.) Poitevent v. Scarborough (1909), 117 S. W. (Tex. Civ. App.) 
443. 

The entire evidence as stenographically taken was sent up as a bill of 
exceptions, with no index to the record, or to the parts thereof to which 
the assignments of error applied. It was held that the court in such case 
will not examine the record critically for error. 

(Mich.) Pease v. Monroe (1890), 83 Mich. 475, 47 N. W. 345. 

In making up a record on appeal the testimony 'should be set out in 
narrative form, but where the exact words are in the opinion of the judge 

248 



Blli or EXCEPTIONS 7D 

necessary, he may order such part of the evidence as he believes necessaiy 
to be set out by question and answer. 

(Minn.) state ex rel v. Otis (1898), 71 Minn. 511, 74 N. W. 283. 

Preparation of a bill of exceptions by tacking a heading and conclusion 
to the usually voluminous notes of a stenographer is oppressive in its ex- 
pense to the parties, and imposes unnecessary labor on the court. 
(Mich.) Rice v. Rice (1883), 50 Mich. 448, 15 N. W. 545. 

Where a statement of facts prepared by the stenographer contains a 
great amount of matter in violation of the rules of the Supreme Court, the 
cost of such unnecessary matter will be imposed on appellant. 

(Tex.) Chaison v. McFaddln (1910), 132 S. W. (Tex. Civ. App.) 524. 

The appeal record was a question and answer transcript of the stenog- 
rapher's notes, and no reason assigned for it. Held, that such record could 
not be considered. 

(Mont.) Barger v. Halford (1890), 10 Mont. 57, 24 Pac. 699. 

The Massachusetts statute of 1870 providing for the appointment of 
stenographers in Suffolk county is to afford assistance in making up bills 
of exceptions, and where 200 pages which "consisted in a large part of irrel- 
evant details of testimony, long cross examinations and interlocutory dis- 
cussions," were presented; held, that the report was so irregular that it 
must be dismissed. 

(Mass.) Churchill v. Palmer (1874), 115 Mass. 310. 

By statute in Oregon a bill of exceptions shall not set out more of the 
evidence or other matter than is necessary to explain the objections. Held, 
that the insertion of the entire transcript of the stenographer's notes in a 
bill of exceptions which did not set out any objections or exceptions, does 
not make the transcript a part of the bill. 

(Or.) Nosier v. Coos Bay etc. R. & Nav. Co. (1901), 40 Or. 305, 63 
Pac. 1050, 64 Pac. 855. 

Under Court of Appeals, Rule 10, §2 (193 Fed. vil., 112 C. C. A. vii), 

requiring bills of exception to recite the evidence in narrative form, a bill 

setting out unnecessarily a copy of the stenographer's transcript is improper. 

(U. S.) Wheeling Terminal By. Co. v. Tussell (1914), 209 Fed. 

(C. C. A.) 795. 

The stenographic report of the testimony, a large portion of which is 
in questions and answers, and counsel's objections and the rulings of the 
court, is not such a brief of evidence as is required. 

(Ga.) Russell, Admr. v. Hammock (1908), 4 Ga. App. 519, 61 S. E. 
1054. 

The session laws requiring statements of fact on appeal to be In narra- 
tive form apply to all courts, whether they have an official stenographer 
or not. 

(Tex.) Peoples v. Evans (190S), 50 Tex. Civ. App. 225, 111 S. W. 756. 

While a stenographer's notes are material for the consultation of the 
trial judge in making up the case, he may not send them up of his own 
motion. 

(N. C.) Green v. Dunn (1913), 162 N. C. 340, 78 S. E. 211. 

The Statute making a typewritten transcript of the evidence the record 
on appeal does not change the Supreme Court rule requiring the transcripts 
in all cases to conform to certain dimensions. 

(Cal.) People v. Phillips (1910), 12 Cal. App. 760, 108 Pac. 731. 

249 



7D SHORTHAND BEPOETEBS 

A statement of facts containing the evidence in narrative form is suf- 
ficient when certified to contain all of the material evidence and testimony 
introduced upon the trial. 

(Wash.) Delaskl v. Nwn. Imp. Co. (1910), 61 "Wash. 255, 112 Pac. 341. 

Under Code Pub. Gen. Laws, 1904, art. 5, § 10, it is improper to include 
the full stenographer's report of the evidence in the bill of exceptions when 
it is not necessary to enable the Court of Appeals to understand the testimony. 
(Md.) White v. Snyder (1914), 124 Md. 395, 92 Atl. 763. 

7E Party Cannot be Compelled to Incorporate Transcript in Bill of Excep- 
tions. 

The notes taken by the stenographer are not a part of the record, and 
appellant cannot be required to furnish a transcript of such notes to be 
used in the settlement of the statement of facts. 

(Wash.) state ex rel v. Superior Court (1896), 13 Wash. 514, 43 
Pac. 636. 

No transcript of the evideijce In a law action is necessary on appeal 
where the abstract of the appe^nt purports to present the evidence intro- 
duced on the trial, until the appellee denies the correctness of the abstract 
and points out the particulars in which it is erroneous. 

(Iowa) Howerton v. Augustine (1909), 145 Iowa 246, 121 N. W. 373. 

Code § 3675 does not change the rule that the bill of exceptions need 
contain only such matter as will enable the court to pass on the errors 
assigned. ' "^ 

(Iowa) State v. Welsh (1899), 109 Iowa 19, 77 N. W. 369. 

The party desiring to make a bill of exceptions is under obligation to 
order no more of the testimony from the stenographer than he thinks neces- 
sary. If the other party wishes more he must order and pay for it himself. 
(Mich.) Cole v. Ingham Circuit Judg-e (1889), 77 Mich. 619, 43 
N. W. 995. 

Upon a denial by appellee that the evidence was properly preserved, 
appellant must furnish a transcript from the clerk showing the proper cer- 
tification and filing of the shorthand notes or a transcript thereof. 

(Iowa) State v. Owens (1899), 109 Iowa 143, 80 N. W. 226. 

The court cannot require the embodiment in a proposed statement of 
facts of the entire transcript of the evidence and proceedings as taken by 
the stenographer at the trial, upon the ground that it can only then know 
that the statement is a proper one, for the law requires the court to know 
whether the proposed statement of facts is accurate from its own judgment 
and memory of the proceedings. ' 

(Wash.) State ex rel v. ClifEord (1909), 55 Wash. 440. 104 Pac. 631. 

No law makes it Incumbent upon a defeated party to bring evidence 
into the record, and where the evidence is not set out on appeal solely on 
account of the fault of the court stenographer, who did not properly care 
for his notes, and defendant was unable to obtain the testimony and put it 
into the bill of exceptions in accordance with the recognized practice, he is 
not obliged to resort to some discarded practice and trust to the memory of 
bystanders and the court, and thus make up a bill of exceptions; and if 
the instructions are erroneous under any state of facts that could have been 
proven under the issue, the case will be reversed. 

(Note: In this case the defendant was under sentence of death, and 
the official shorthand notes were unintentionally destroyed by being thrown 
into the fire at the stenographer's home by members of his family, so that 

250 



BIIX OF EXCEPTIONS 7B 

the stenographer was unable to furnish a transcript. The case was reviewed 
on the instructions of the court and the pleadings, without the facts being 
before the court. In a very vigorous dissenting opinion, it is said: "When 
it is recognized that a consideration of all of the proceedings had in the 
lower court in any manner bearing on the question raised by an Instruc- 
tion, might show that it was without merit, the rule must be that they must 
be presented here in an appropriate manner before we can say that the 
error worked prejudice; otherwise a defendant convicted of a crime is per- 
mitted to gain an advantage by not bringing up the testimony in the case.") 
(Colo.) King v. People (1912), 54 Colo. 122, 129 Pac. 235. 

A trial judge has no power to compel a party moving for a new trial to 
make up the brief of evidence from the official stenographer's report, or to 
produce the report or a copy of it to be used in verifying the brief. 

(Ga.) Central R. R. Co. v. Robinson (1892), 92 6a. 741, 18 S. B. 986; 
Bugg v. State (1913), 13 Ga. App. 672, 79 S. E. 748. 

There is no requirement of law that a bill of exceptions shall be pre- 
pared only by the official stenographer of the trial court, and that none other 
will be considered. However desirable it may be that the official stenog- 
rapher shall do this work, there is no imperative requirement that he shall 
do it; but on the contrary, § 385 of the Code expressly provides for the filing 
of a bill of exceptions attested and proved as was the bill of exceptions to 
which objection is urged. 

(Colo.) Reynolds v. Campling (1895), 21 Colo. 86, 39 Pac. 1092. 



7F Filing of Transcript a Necessary Precedent. 

When a stenographer's notes are incorporated in a bill of exceptions 
by reference, a transcript must be filed before the clerk is required under a 
then existing statute to prepare the transcript on appeal. 

(Iowa) Warbasse v. Card (1887), 74 Iowa 306, 37 N. "W. 383; Ham- 
mond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. 

Under a former statute the stenographer's notes in an equity case should 
be certified and filed within six months from the date of the rendering of 
the judgment. 

(Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Kavaller 
V. Machula (1889), 77 Iowa 121, 41 N. W. 590; Hammond v. Wolf (1889), 
78 Iowa 227, 42 N. W. 778. 

Prior to the act of 1897, in order to make a transcript of the evidence 
a part of the record on appeal, it was necessary to file it in the office of the 
clerk before being incorporated into the bill of exceptions and signed by 
a judge. 

(Ind.) Garrett v. State (1897), 149 Ind. 264, 49 N. E. 33; Bedford 
Belt Ry. Co. v. McDonald (1897), 17 Ind. App. 492, 46 N. E. 1022. 

It is not essential that the official stenographer's original transcript shall 
be filed in the clerk's office before it may be incorporated into the bill of 
exceptions. 

(Ind.) B. Li. Blair Co. v. Rose (1901), 26 Ind. App. 487, 60 N. E. 10. 

The mere fact that the stenographer was too busy to transcribe the evi- 
dence, held no excuse for failure to file transcript on time. 
(Mo.) Stewart v. Davis (1891), 44 Mo. App. 562. 

A transcript of the evidence not filed in the circuit court cannot be con- 
sidered on appeal. 

(Ky.) Robertson v. Commonwealth (1912), 148 Ky. 630, 147 S. W. 1. 

251 



7F SHORTHAND EEPOBTEES 

Original transcript of evidence remains a record of the circuit couri;, 
although filed with the clerk of the court of appeals as part of the transcript 
of record In the case. 

(Ky.) Harbison-Walker Co. v. White (1908), 114 S. W. 250. 

Under Code 190.6, § 797, requiring clerks of the circuit court as soon as 
the transcribed stenographer's notes are received, to notify each attorney 
or firm interested in the case, where the clerk failed to notify one of the 
firms employed by a party, the notes will be stricken out on motion; but 
formal notice is not necessary where counsel examined the transcript after 
it was filed. 

(Miss.) Scarborough v. Harrison Naval Stores Co. (1909), 95 Miss. 
497, 52 So. 143. 

A transcript is filed at the term "at which judgment is rendered" when 
it is filed at the term at which the motion for a new trial is overruled and 
the judgment becomes final. 

(Ariz.) Prescott Nat. Bk. v. Head (1907), 11 Ariz. 213, 90 Pao. 328, 
21 Ann, Cas. 990. 

Before a transcript of the evidence originally taken in shorthand can be 
made use of on appeal, it must have been filed within the time designated 
by statute or rule of court. 

(Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Kavaller 
v. Machula (1889), 77 Iowa 121, 41 N. W. 590; Hammond v. Wolf (1889), 
78 Iowa 227, 42 N. W. 778. 

Upon filing notice of intention to prosecute a bill of exceptions, an order 
was made that the transcript be delivered by the stenographer on or before 
August 1st, and bill and transcript be filed on or before August 11th in 
clerk's office. Time for filing of the transcript was extended to October 1st. 
The bill and transcript were filed on October 8th, and were not acted upon 
by the trial judge. Held, on petition to establish the truth of the exceptions 
and correctness of transcript, that the time for filing the transcript not hav- 
ing been extended to October 8th, the court could not make such an exten- 
sion indirectly by establishing the truth of the exceptions, or correctness of 
transcript. 

(R. I.) McLean v. Wheelwright (1910), 31 R. I. 562, 78 Atl. 261. 

The provisions of the Code requiring the filing of a transcript of the 
record in the clerk's office of the court of appeals within sixty days after 
the judgment cannot be dispensed with, even by agreement of parties. 

(Ky.) Berge v. Commonwealth (1914), 158 Ky. 424, 165 S. W. 410; 
Lane v. Commonwealth (1914), 161 Ky. 329, 170 S. W. 627. 

Where the court allowed ninety days for filing the stenographer's notes 
and then before the expiration of that time allowed twenty days more, and 
the notes were filed after the expiration of ninety days, held, they were filed 
too late; and an endorsement on the notes to the effect that the moving 
party's counsel had examined them and found them correct, was not an 
agreement that the notes could be filed out of time. 

(Miss.) Chenault v. Adams Mach. Co. (1910), 97 Miss. 487, 52 So. 189. 

The Supreme Court has no jurisdiction to compel a stenographer em- 
ployed in the trial court to transcribe and file his notes of the evidence with- 
in a specified time in aid of the bill of exceptions. 

(Miss.) Brooks &_Co. v. Gentry (1914), 64 So. 214. 

Although not specifically prescribed by § 6169, Gen. St. 1909, it is the 
duty of appellant to procure a transcript of the shorthand notes, or so much 

252 



BIIX OF EXCEPTIONS 7F 

thereof as may be pertinent to his appeal, and have it made a part of the 
record before filing his abstract in the Supreme Court. 

(KJan.) Baker v. Readlcker (1911), 84 Kan. 489, 115 Pac. 112. 

An appellant who asks a consyigration of the evidence on appeal must 
procure a certified transcript of the notes of the oflacial stenographer. 

(Kan.) Underwooii Typewriter Co. v. Anderson (1911), 85 Kan. 867, 
118 Pac. 879. 

Where neither a complete transcript of the record nor suflScient ab- 
stracts of it could have been filed in the appellate court within the time for 
perfecting an appeal, because the bill of exceptions could not be obtained 
from the court stenographer, a sufiacient excuse is thereby shown for failure 
to perfect the appeal in time. 

(Mo.) Wall V. Casualty Co. (1905), 11 Mo. App. 504, 86 S. "W. 491. 

Under sub-section 2 of § 337 of the Code, as amended by Act of 1878, 
the party excepting may at any time during the term at which the judgment 
becomes final request an extension of time to a day in the succeeding term 
in which to prepare and file bill of exceptions. 

(Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. 

Upon a motion for a new trial upon the minutes of the court, provided 
by Rev. Codes, § 6795, it is not necessary that the stenographer's notes of 
the trial proceedings be transcribed. If the court can without them remem- 
ber the proceedings sufiSciently to enable him to decide the motion. 

(Mont.) State ex rel Cohn v. Second Jud. Dist. Crt. (1909), 38 Mont. 
119, 99 Pac. 139. 

A transcript of the stenographer's notes, under Rev. Codes, § 4434, as 
amended by Laws 1911, c. 119, is intended for use as a part of the record 
on appeal, and is not required to be settled before the motion for a new 
trial is heard; but the stenographer's notes may be used at the hearing of 
the motion if necessary. 

(Idaho) Kelley v. Clark (1912), 21 Idaho 231, 121 Pac. 95. 

Transcript or bill of exceptions must be filed within the time prescribed 
by statute. 

(Ky.) Blue Grass Traction Co. v. Crosdale (1911), 143 Ky. 196, 136 
S. "W. 204; Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 
794; Carroll v. Commonwealth (1915), 164 Ky. 599, 175 S. W. 1043. 

Under Laws 1910, c. Ill, § 1, pars. A, D, a stenographer's transcript 
cannot be stricken from the record for delay in filing it or the omission to 
give appellee an opportunity to examine it, without a showing of material 
error therein. 

(Miss.) Newman Lumber Co. v. Lucas (1915), 67 So. 451. 

Under Rev. St. 1911, arts. 1924,2070, a statement of facts prepared from 
the stenographer's notes, no transcript of which had been filed, should be 
stricken, where the parties have not agreed to a statement as authorized 
by the article. 

(Tex.) Gulf, C. & S. F. Ry. Co. v. Prazak, 170 S. "W. (Tex. Civ. 
App.) 859. 



253 



8— CERTIFICATES. 

A Necessity for Certificate. 
B Sufflciency of Certification. 
C Time for Certifying. 

8A Necessity for Certificate. 

Before a transcript of the evidence originally taken in shorthand can 
be made use of on appeal, it must be certified to as correct. 

(Ky.) McAllister v. Conn. Mutual Life Ins. Co. (1879), 78 Ky. 531; 
Forrest v. Crenshaw (1883), i Ky. Law Rep. 596, 81 Ky. 51; McKeever 
V. Kennedy (1897), 19 Ky. Law Rep. 845, 42 S. W. 114; Chesapeake & 
Ohio Co. V. Smith (1897), 101 Ky. 707, 42 S. W. 538. 

(Ind.) Shirk v. Coyle (1891), 2 Ind. App. 354, 27 N. B. 638. 

(Iowa) Richards v. Louneshury (1885), 65 Iowa 587, 22 N. W. 687; 
Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; DeLong v. Lee (1887), 
73 Iowa 53, 34 N. "W. 613; Harrison v. Snair (1889), 76 Iowa 558, 41 N. 
W. 41; Kavalier v. Machula (1889), 77 Iowa 121, 41 N. W. 590; Ham- 
mond V. Wolf (1889), 78 Iowa 227, 42 N. "W. 778. 

(N. M.) Territory v. Christman (1899), 9 N. Mex. 582, 58 Pac. 343. 

The transcript for appeal must be attested by the trial judge, as provided 
in § 4644, or it will not be considered on appeal. 

(Ky.) Mann v. Moore (1902), 23 Ky. Law Rep. 2121, 112 Ky. 725, 
66 S. W. 723; Southern Ry. Co. v. Thurman (1903), 25 Ky. Law Rep. 804, 
76 S. W. 499; 111. Cent. R. Co. v. Howard (1905), 27 Ky. Law Rep. 513, 
85 S. W. 732; Knecht v. Louisville Tel. Co. (1905), 28 Ky. Law Rep. 456, 
121 Ky. 492, 89 S. W. 508; Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 
173 S. W. 794. 

A transcript of evidence which is not properly certified cannot be 
considered. 

(Ky.) Robertson v. Commonwealth (1912), 148 Ky. 630, 147 S. W. 1. 

Act of April 12, 1905, providing that the stenographer's report of a 

trial may be certified by the judge of that court as the state of the case on 

appeal, does not authorize the attorneys to certify such a state of the case. 

(N. J.) Speiser v., North Jersey St. Ry. Co. (1906), 73 N. J. Law 413, 

63 Atl. 867. 

P. Ij. 1905, p. 259, requiring the certification of a transcript where a 
stenographer is appointed, establishes the only method of bringing appeal- 
able rulings of the district court before the appellate court, but does not 
supersede P. L. 1902, p. 365, as to rulings outside of the scope of the stenog- 
rapher's transcript. 

(N. J.) Hauser v. Squire (1911), 81 N. J. Law 287, 81 Atl. 263. 

It is essential to the validity of the record that the stenographer's 
notes of evidence, exceptions, and the charge when filed of record, should 
be certified to as correct by the signature of the judge. The judge may 
BO declare either by formal bills with his seal, or he may adopt the notes 
of the stenographer as a verity, and so declare by his certificate at the end 
of the stenographic report, certifying to its correctness as a whole. 

(Pa.) Commonwealth ex rel v. Arnold (1894), 161 Pa. 320, 29 Atl. 
270; Kerns v. Prudential Ins. Co. (1899), 11 Pa. Super. Ct. 209; Yoast v. 
Beatty (1899), 12 Pa. Super. Ct. 219; Rothschilds Sons Co. v. McLaughlin 
(1900), 12 Pa. Super. Ct. 612; Levy v. Singer Mfg. Co. (1906), 32 Pa. 
Super. Ct. 117; American Car & F. Co. v. Altoona etc. Ry. Co. (1907), 
218 Pa. 519, 67 Atl. 838; Farley v. Altoona etc. Ry. Co. (1907), 32 Pa. 
Super. Ct. 413; Thompson v. Petriello (1907), 33 Pa. Super. Ct. 651. 

It must aflfirmatively appear of record, by the certificate of the trial 
judge, that the record made up by the stenographer, including the evidence 
and the charge, is true, and filed of record at his direction. 

254 



CEKTIFICATES 8A 

(Pa.) Philadelphia v. West Philadelphia Institute (1896), 177 Pa. 
37, 33 Atl. 1012; Yoast v. Beatty (1899), 12 Pa. Super. Ct. 219; Glenn 
V. Strickland (1902), 21 Pa. Super. Ct. 88. 

The stenograplier's minutes of the testimony will be stricken out if 
not incorporated in a statement of facts, and it is not sufiBcient to recite 
that they are part of the statement, without any certificate or proof that 
it is all the evidence. 

(Wash.) Case v. Ham (1894), 9 Wash. 54, 36 Pao. 1050. 

The certificate of a judge who cannot read the shorthand notes does 
not give them the character of evidence, and when a period of six months 
is allowed for the certification by the judge, a transcript properly certified 
must be filed within that time. 

(Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687; 
Hammond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. 

Where the notes of testimony in an equity case have not been certi- 
fied by either the ofllcial stenographer or the trial judge, the appeal may 
be quashed. 

(Pa.) Thomas v. Borden (1908), 222 Pa. 184, 70 Atl. 1051. 

The certificate of a stenographer to a transcript of evidence cannot 
be permitted to impeach the certificate of the judge, even if it tended to 
show a contrary state of facts. The lower court may require the stenog- 
rapher's certificate, but it adds nothing to its verity on appeal. 

(Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. 

Bill of exceptions purporting to make a part of the record all testimony, 
etc., held worthless, where testimony was identified by neither the stenog- 
rapher, clerk nor judge. 

(U. S.) Brown v. Cumberland Tel. & T. Co. (1915), 221 Fed. (C. C. A.) 
(La.) 261. 

A purported bill of exceptions containing the evidence, certified to by 
the reporter, but not signed by the trial judge and not showing that it was 
ever filed with the clerk of the trial court, cannot be considered. 

(Ind.) Indianapolis Outfitting Co. v. Brooks (1915), 108 N. E. 
(Ind. App.) 867. 

8B Sufficiency of Certification. 

The official stenographer is often the only person who can read his 
notes, and he therefore should certify to the accuracy of the transcript. 

(Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687. 
(Pa.) Heyer v. Cunningham Piano Co. (1897), 6 Pa. Super Ct. 504. 

The person who actually takes the stenographic notes must certify them, 
and it is not enough if they are certified to by a deputy or in the firm name 
of the firm of which the stenographer is a member. 

(Pa.) Rosenthal v. Bhrllcher (1893), 154 Pa. 396, 26 Atl. 435; Wood- 
ward v. Heist (1896), 180 Pa. 161, 36 Atl. 645; Heyer v. Cunningham 
Piano Co. (1897), 6 Pa. Super. Ct. 504. 

The court will not take judicial notice of the fact that if the sy'stem 
of shorthand used by two reporters is the same the notes of one may be 
read by the other, and the latter can properly translate and certify to the 
translation of the notes made by the former. Therefore, when notes are 
taken by an assistant reporter, a transcript certified by the official reporter 
is not sufficient. 

(Iowa) Spinney v. Halliday (1902), 115 Iowa 420, 88 N. W. 939. 
While it is a well known fact that the stenographic notes taken by 
one stenographer cannot always be read and transcribed by another, yet, 

255 



8B SHOBTHAND EEPORTEES 

nevertheless, where stenographers use the same system of shorthand, the 
notes taken by one may be read by another familiar with that system. The 
stenographer who took the notes died before the same were transcribed, 
and they were transcribed by another stenographer who used the same 
system. Held, in the absence of proof that the transcription was not correct, 
a transcript certified by the reporter who transcribed the notes should be 
accepted as a true and correct translation of the notes taken on the trial. 
(P. I.) United States v. Choa Tong (1912), 22 Philippine 562. 

When the evidence on the trial in the lower court was taken, a part 
by the oflBcial stenographer, and the rest by another stenographer acting 
for him, each of the stenographers wks the "official stenographer" pro 
hac vice. 

(Miss.) Lumber Mineral Co. v. King (1910), 98 Miss. 733, 54 So. 250. 

Where one official reporter reported the first part of the trial and 
another the latter part, and there was an agreement by counsel that one 
reporter should certify the entire record as though he were the sol« 
reporter, and this was done, and each reporter transcribed the notes taken 
by him and certified to the same, the record was properly preserved. 

(Iowa) Hofacre v. Monticello (1905), 128 Iowa 239, 103 N. "W. 488. 

An official stenographer's certificate as to the accuracy of the transcript 
is a sufficient certificate. 

(Cal.) People v. Morine (1882), 61 Cal. 367. 

(Iowa) Ross V. Loomis (1884), 64 Iowa 432, 20 N. W. 749. 

The stenographer's certificate should state that the proceedings, evi- 
dence and charge were fully and accurately taken on the trial, and that the 
transcript is a correct translation of such notes. 

(Pa.) Heyer v. Cunuingliam Piano Co. (1897), 6 Pa. Super. Ct. 504. 

Where there is no statement of facts or bill of exceptions, but reliance 
is had on the reporter's transcript, great care should be exercised to have it 
properly authenticated by the trial judge. Under Rev. St., § 614, a report- 
er's transcript simply marked "Approved" by the trial judge was not a 
sufficient compliance with the statute. 

(Ariz.) Reiniger v. Besley (1914), 16 Ariz. 161, 141 Pao. 574. 

A certificate by the stenographer that "the foregoing is a full, true and 
correct transcript of the testimony and other proceedings had on the trial 
of the foregoing case," shows that the bill of exceptions contained all the 
evidence, and is sufficient. 

(Utah) Mitchell v. Jensen (1905), 29 Utah 346, 81 Pac. 165. 

The bill of exceptions was a transcript of the official stenographer's 
notes, with a certificate by him that it contained a full transcript of all the 
evidence. Held, that though the court in the certificate of the statement did 
not expressly state that it contained all of the evidence, yet it necessarily 
by implication certified to the truth of the statement by the stenographer 
that it contained all the evidence. 

(Utah) Bowman v. Ogden (1908), 33 Utah 196, 93 Pao. 561. 

If the certificate that "the above and foregoing is a full, true and 
correct transcript of all the proceedings therein" is not a technical com- 
pliance with § 4670 requiring the statement to be certified "as being a cor- 
rect statement of such testimony and proceedings in the case," and is not 
satisfactory, the defect is merely formal and may be amended on the trial. 
(Utah) State v. Vance (1910), 38 Utah 1, 110 Pac. 434. 

256 



CEETIFICATES 8B 

Prior to 1907 an uncertified transcript of the reporter's notes, while 
not serving as a bill of exceptions, was sufficient to serve as a statement 
of the evidence. 

(Ariz.) Leatherwood v. Richardson (1908), 11 Ariz. 278, 94 Pac. 110. 

A certificate to a transcript of a preliminary examination reading, 
"I hereby certify the foregoing to be a correct transcript of the examination 
in the above entitled case" held sufficient under Penal Code, § 869. 
(Cal.) People v. Riley (1888), 75 Cal. 98, 16 Pac. 544. 

Where the shorthand notes were duly certified by the trial judge but 
on making the transcript the reporter detached the certificate from the notes 
and attached it to the transcript, although unauthorized, such detachment 
does not affect the validity of the notes, and the original attached to the 
transcript will be treated as a copy. 

(Iowa) Steele Smith Co. v. Potthast (1899), 109 Iowa 413, 80 
N. W. 517. 

The certificate of a stenographer to a transcript of the evidence pre- 
pared under Laws of 1905, § 534, is not ineffectual and the transcript is not 
invalid, because such certificate does not immediately follow the recital of 
the evidence in the record. 

(Kan.) Hardy v. Curry (1907), 75 Kan. 92, 89 Pac. 19. 

Photographs iproperly certified by the official stenographer, in the ab- 
sence of any suggestion that they are not true exhibits, will not be stricken 
out because not certified by the Circuit Court Clerk with the transcript. 
(Ky.) Southern Ry. Co. v. Schmidt (1909), 118 S. "W. 324. 

Where a shorthand report was made of a trial, under § 3675, and the 
notes are properly certified by the judge and reporter, a certificate to the 
transcript that "the within and foregoing is a full, true and complete exten- 
sion of the official report" is sufficient. 

(Iowa) Fordyoe v. Humphrey (1911), 152 Iowa 76, 131 N. W. 686. 

The contention that a bill of exceptions is not properly authenticated 
when there Is only the certificate of the stenographer that it contained all 
the testimony and proceedings, is not good, and the objection to such bill 
of exceptions cannot be considered. 

(Utah) State v. Delvecchio (1902), 25 Utah 18, 69 Pac. 68. 

Upon overruling a motion for a new trial on the ground that the verdict 
is contrary to the evidence, the usual and better practice is for the evi- 
dence to be set out In the bill of exceptions before the signature of the judge 
is attached; but it is not fatal error if the certificate of the judge precedes 
the evidence where the evidence is completely identified, and is. In effect, 
made a iiart of the bill of exceptions. 

(Va.) Jeremy Improvement Co. v. Commonwealth of Virginia 
(1907), 106 Va. 482, 56 S. E. 224. 

A shorthand reporter is an officer of the court and the filing and 
translation of his notes are official acts, and where they are duly certified 
and filed they are presumed to be correct. Therefore, held where a decree 
recited that all the evidence was taken down in shorthand by the reporter, 
and was ordered filed and made a part of the record, the record was prop- 
erly preserved, and that a transcript duly certified by the reporter was 
not required to be certified by the judge. 

(Iowa) Burnett v. Loughridge (1893), 87 Iowa 324, 54 N. "W. 238. 

A transcript must be certified to by the reporter. (This is held to be 
dictum in Smith v. State, 42 Neb. 356, 60 N. W. 585.) 

(Neb.) Speilman v. Plynn (1886), 19 Neb. 342, 27 N. W. 224. 

257 



SB SHORTHAND BEPOETEES 

Under former statutes, held that before a reporter's notes can become 
a part of a bill of exceptions, they must be certified to by the reporter and 
the judge, and a certified transcript filed within the time prescribed for 
filing a bill of exceptions. (But now see Code § 3652 as amended.) 

(Iowa) Glbbs v. Buckingham (1878), 48 Iowa 98; McCarthy v. 

Watrous (1886), 69 Iowa 260, 28 N. W. 602; Merrill v. Bowe (1886), 69 

Iowa 653, 29 N. W. 766; Ferris v. Anderson (1887), 72 Iowa 420, 34 N. W. 

186; Arts v. Culbertson (1887), 73 Iowa 13, 34 N. W. 490; Wadsworth v. 

Nat. Bank (1887), 73 Iowa 425, 35 N. W. 504; Harrison v. Snalr (1889), 

76 Iowa 558, 41 N. W. 41. 

The shorthand report provided for by Code S 3675 is a substitute for 
the ordinary bill of exceptions, but either a formal bill of exceptions or the 
shorthand report properly certified must be filed within thirty days after 
the final determination of the case, or within a reasonable time thereafter 
to be fixed by the court, not to exceed ninety days. 

(Iowa) In re Tobey's estate (1900), 112 Iowa 581, 84 N. W. 666. 

Under Code §§ 3675 and 3749, the reporter's notes certified by himself 
and the trial judge, and filed in the office of the clerk within thirty days 
from the date of the judgment from which appeal is taken, constitute a 
bill of exceptions and make the reported evidence a part of the record. The 
certificate is not required to be made at once, in court or by the court, 
but by the judge and the reporter. 

(Iowa) HamlU v. Schlltz Brewing Co. (1913), 165 Io-*a 266, 143 
N. "W. 99. 

The precise language of the statute need not be followed in the certifi- 
cate to the shorthand notes to constitute them the bill of exceptions. 
(Iowa) State v. Welsh (1899), 109 Iowa 19, 77 N. "W. 369. 

Where a party to a trial has filed with the clerk of the trial court a 
transcript of the evidence certified by the official stenographer, the stenog- 
rapher's certificate is sufficient to authenticate the transcript in the first 
instance. If it is subsequently settled by the judge on objections thereto, 
his certificate is sufficient to authenticate it as a full, true and complete 
transcript. 

(Kan.) Bliss v. Brown (1908), 78 Kan. 467, 96 Pac. 945. 

Where it was sought, under Rem. & Bal. Code, 1 1247, to introduce 
testimony given on a former trial, the testimony which had been certified by 
the trial judge, for use on appeal, need not be re-certified for use on a subse- 
quent trial. 

(Wash.) Knutson v. Moe Bros. (1913), 72 Wash. 290, 130 Pac. 347. 

Under Rev. Codes, § 7576, as amended by Laws 1909, p. 146, where the 
evidence at a preliminary examination is taken by a stenographer, his cer- 
tificate takes the place of the certificate of the magistrate as to the cor- 
rectness of the evidence. 

(Idaho) State v. Carlson (1913), 23 Idaho 545, 130 Pac. 463. 

A mere certificate by the judge to the reporter's notes, set up outside 
of the bill of exceptions, is insufficient. 

(Wis.) Semmens v. Walters (1882), 55 Wis. 682, 13 N. W. 889. 

A Stenographer's certificate as to the accuracy of the transcript is not 
a sufficient certification. 

(Ind.) McCormlck Harvesting Mach. Co. v. Gray (1887), 114 Ind. 340, 
16 N. B. 787; L'Hommedleu v. C. W. & M. R. R. Co. (1889), 120 Ind. 435, 
22 N. E. 125; Clark v. State (1890), 125 Ind. 1, 24 N. B. 744; Piscus v. 
Turner (1890), 125 Ind. 46, 24 N. B. 662; State v. Bercaw (1892), 132 
Ind. 260, 31 N. E. 798. 

(Pa.) Commonwealth ex rel v. Arnold (1894), 161 Pa. 320. 29 Atl. 
270. 

258 



CERTIFICATES 8B 

Code § 3675 provides that the reporter shall note in his report in short- 
hand or in writing the fact that the jury were instructed, together with all 
exceptions and objections to instructions given by the court on its own 
motion. Held, that neither such section nor any other provision of the code 
authorized the preservation of the record of such exceptions by the mere 
certificate of the judge and reporter that they were taken, but the record 
itself must show this. 

(Iowa) Black v. Miller (1912), 158 Iowa 29a, 138 N. "W. 535. 

The appellate court will not consider assignments of errors which 
require a consideration of the evidence, unless the stenographer's notes 
are properly certified and made a part of the record, and a certificate of a 
judge that "the report of the charge of the court and answers to plaintiff's 
points is substantially correct," is insufficient. 

(Pa.) Rothschilds Sons Co. v. McLaughlin (1900), 12 Pa. Super. 
Ct. 612. 

A stenographer's certificate of a transcript of evidence in a criminal 
case, that it is a full and accurate transcript of the shorthand notes of the 
oral evidence produced upon the trial, does not show that the transcript 
contains all the evidence, where there are indications that record evi- 
dence was admitted. 

(Ky.) Commonwealth v. Campbell (1906), 28 Ky. Law Rep. 1354, 
91 S. W. 1128. 

The certificate of the stenographer certifying that the evidence con- 
tained in the case made is a correct and complete transcript of all his 
shorthand notes of all the evidence introduced or offered on the trial is not 
sufficient, but the case made must contain the positive averment by way 
of recital that it contains all the evidence submitted or introduced on the 
trial of the case. 

(Okla.) Wagner v. Sattley Mfg. Co. (1909), 23 Okla. 52, 99 Pac. 643. 

Under Code Civ. Proc, § 941a, etc., as amended by Laws of 1907, p. 753, 
a certificate by the shorthand reporter is not sufficient; the court or judge 
being empowered to make such a record authentic. 

(Cal.) Lane v. Tanner (1909), 156 Cal. 135, 103 Pac. 846. 

A statement of facts not certified by the trial judge, but simply authen- 
ticated by the affidavit of the stenographer who reported the case, will be 
struck out on motion. 

(Wash.) Adams v. Columbia Canal Co. (1908), 51 Wash. 297, 98 
Pac. 741. 

A shorthand report of the trial was not properly certified where the 
certificate thereto was also written in shorthand. 

(Iowa) Howerton v. Augustine (1911), 153 Iowa 17, 132 N. W. 814; 
In re Sklllman's estate (1912), 134 N. W. 1064; Wiggins v. Swayze 
(1913), 139 N. W. 1075. 

A certificate as to the accuracy of the shorthand notes made by a judge 
alone, who cannot read them, is insufficient. 

(Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687; 
Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766. 

The stenographer's certificate that the bill of exceptions contains all 
the evidence received upon the trial is of no value for the purposes of 
certification. 

(Colo.) Pelton v. Bauer (1894), 4 Colo. App. 339, 35 Pac. 918. 

In the absence of a statute allowing it, a stenographer cannot certify 
that the transcript contains all the evidence. 

(Ind.) Stout V. Stout (1881), 77 Ind. 537; Marshall v. State (1886), 

259 



8B SHORTHAND EEPOKTEES 

107 Ind. 173, 6 N. B. 142; "Wagoner v. "Wilson (1886), 108 Ind. 210, 8 N. E. 
925; Lyon v. Davis (1887), 111 Ind. 384, 12 N. E. 714. 

(Pa.) Rosenthal v. Ehrllcher (1893), 154 Pa. 396, 26 Atl. 435; Connell 
V. O'Nell (1893), 154 Pa. 582, 26 Atl. 607; Commonwealth ex rel v. Arnold 
(1894), 161 Pa. 320, 29 Atl. 270. ^ 

A mere statement of the stenographer without the sanction and sig- 
nature of the judge -who presided at the trial is not a formal and proper 
certificate of the proceedings and findings had upon the trial. 

(S. C.) Rynerson v. Allison (1888), 30 S. C. 534, 9 S. B. 656. 

Where the shorthand notes upon their return to the clerk's oflice after 
a transcript "was made by the reporter had only a blank certificate attached, 
but the reporter's transcript set out a purported copy of a duly signed 
certificate, and the reporter on the hearing of a motion to correct the 
record testified that the notes when originally filed had a proper certificate 
attached, it "will not be assumed that the reporter is unworthy of confi- 
dence. Held, under the evidence, that the record should be corrected to 
show the notes properly certified. 

(Iowa) First Nat. Bank v. Elchmeler (1911), 153 Iowa 154, 133 
N. "W. 454. 

The certificate of the reporter only to his transcript is required as to 
the correctness thereof upon appeal, when the trial is had before the 
court. Only in cases where the trial is had before a referee is the certi- 
ficate of the judge required. 

(Or.) Tallmadge v. Hooper (1900), 37 Or. 503, 61 Pac. 349; Sanborn 
V. Fitzpatrick (1907), 51 Or. 457, 91 Pac. 540. 

Under Laws 1907, c. 57, § 24, where causes are tried without a jury, the 
certificate of the official reporter is not alone sufficient to make the tran- 
script of the testimony an element in review of the case. Such transcript 
must in addition be properly certified as correct by the trial judge. 

(N. M.) street v. Smith (1909), 15 N. M. 95, 103 Pac. 644; Oliver 
Typewriter Co. v. Burtner (1912), 17 N. Mex. 354, 128 Pac. 62. 

The certificate upon a reporter's transcript of notes taken by him at 
an examination of a prosecuting witness before the committing magistrate, 
must state that the transcript is a correct statement of the testimony and 
proceedings, and not merely that it is a full, true and correct transcript of 
the shorthand notes. The certificate must be correctly written, and its 
absence cannot be supplied by parol evidence so as to make the tran- 
script admissible. 

(Gal.) People v. Carty (1888), 77 Cal. 213, 19 Pac. 490. 

The act of 1873 does not create the office of official shorthand reporter 
whose oath of office covers his reports of all cases, and a transcript of 
evidence certified by one styling himself "official shorthand reporter" Is 
insufficient, unless the record shows his authority to report the evidence 
in the particular case. 

(Ind.) LuckenblU v. Kreig (1899), 153 Ind. 479, 55 N. E. 259. 

"When testimony is given in a foreign language, and taken down steno- 
graphically, a transcript thereof cannot be proven by the stenographer who 
took the evidence, but the interpreter should be called to prove the 
transcript. 

(Cal.) People v. Ah Tut (1880), 56 Cal. 119. 

A certificate "that the foregoing is a true and correct transcript of the 
evidence taken by me in shorthand in the case" without giving the title. 
Is not sufficient to identify the testimony as being that taken on a hearing 

260 



CEETiriOATES 8B 

Of a motion to correct the record, especially where there Is nothing to 
ehow that the testimony was filed and made a part of the record. 

(Ark.) Murphy v. Citizens Bank (1907), 84 Ark. 100, 104 S. W. 187. 
Under Stats. 1903, i§ 4639, 4641 and 4644, held, that an original bill 
of exceptions filed in the circuit court by an order of that court could not be 
brought to the Court of Appeals, where it had not been attested by the 
circuit judge, and where it did not appear that the evidence was taken in 
shorthand. 

(Ky.) Blackburn v. Hanlon (1906), 29 Ky. Law Rep. 1290, 97 
S. W. 352. 

The mere statement in a certificate of the reporter that "it contains 
all the testimony and oral proceedings" held not to be sufficient, the word 
"testimony" implying only sworn testimony, and not synonymous with the 
word "evidence." 

(Utah) Carter v. Cummlngs (1908), 34 Utah 315, 97 Pac. 334. 
"Testimony" is not a proper word to be employed in a certificate to a 
bill of exceptions that it contains all the evidence, to warrant an assignment 
of error that the evidence is insufficient to support the decision. 

(Utah) Crooks v. Harmon (1905), 29 Utah 304, 81 Pac. 93. 
Under Comp. Laws 1907, §§ 4670, 4685x1, transcript of testimony on 
preliminary examination for homicide, transcribed by stenographer in type- 
writing, testified by stenographer at trial to be correct, was not inadmissible 
because certificate stated transcript was in longhand when it was typewritten. 
(Utah) State v. Hillstrom (1915), 150 Pac. 935. 

8C Time for Certifying. 

Under a statute requiring that the evidence in an equity case shall be 
certified within six months, a transcript should be certified within that time, 
as the transcript alone constitutes the written evidence. 

(Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Ham- 
mond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. 

Under Ky. Stats., § 4644, transcripts of testimony made by the official 
stenographer in civil cases, when attested by the trial judge, may be taken 
to the Court of Appeals, and be used upon appeal without being copied. 
Held, that where a circuit judge made an order for filing a bill of excep- 
tions, but inadvertently failed to sign it, he might sign it after it had been 
filed in the Court of Appeals. 

(Ky.) Blackburn v. Hanlon (1906), 29 Ky. Law Rep. 1290, 97 
S. W. 352. 
Under Ky. Stats., § 4644, a stenographer's transcript not attested by the 
judge will be stricken from the record on appeal, though there was an order 
by the trial court reciting that it was approved and signed, made a part 
of the record, and ordered to be transmitted to the clerk of the Court of 
Appeals without copying; but the appellee may withdraw such transcript 
for the purpose of having it properly attested, if it can be done, and then 
refile it as part of the record. 

(Ky.) Mann v. Moore (1902), 23 Ky. Law Rep. 2121, 112 Ky. 725, 66 

S. W. 723. 

If it is necessary for the stenographer to certify the transcript at all, it 

was not necessary to do so on the day it was tendered. It is evident that 

the stenographer certified the transcript while it was in the hands of 

the court. 

(Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. 
It is highly improper for the stenographer and the trial judge to sign 
the certificate to the transcript of the evidence before the transcript itself 
has been prepared. 

(Ky.) Fuson v. Commonwealth (1915), 162 Ky. 341, 172 S. W. 646. 

261 



9— NOTES AS EVIDENCE. 

A When admissible. 

B Inadmissibility. 

C Reading of Notes. 

D Receivable only upon showing Impossibility of procuring at- 
tendance of witness. 

E Admissible though stenographer has no independent recol- 
lection. 

F Evidence to contradict notes admissible. 

G Notes as best evidence. 

H Receivable as depositions. 
I Effect of erroneous admission. 

9A When Admissible. 

An official stenographer's notes are admissible upon a subsequent trial 
when made so by statute. 

(Cal.) Reid v. Reid (1887), 73 Cal. 206, 14 Pac. 781. 

(111.) Pharea v. Barber (1871), 61 111. 271. 
When allowed by statute, notes taken on a former trial may be rea,d 
upon a subsequent trial of the same action. 

(111.) Chicago & Alton R. Co. v. Robinson (1884), 16 111. App. 229. 

(Ind.) Sage v. State (1890), 127 Ind. 15, 26 N. E. 667; Bass v. State 
(1893), 136 Ind. 165, 36 N. E. 124. 

(Iowa) State v. Smith (1896), 99 Iowa 26, 68 N. W. 428. 

(Kan.) Wright v. Wright (1897), 58 Kan. 525, 50 Pac. 444. 

(Maine) State v. Frederic (1879), 69 Maine 400; Noyes v. Gilraan 
(1880), 71 Maine 394. 

(Mich.) Stewart v. Port Huron First Nat. Bk. (1880), 43 Mich. 257, 
5 N. W. 302; Dabar v. Crane (1885), 56 Mich. 585, 23 N. W. 323; Pickard 
V. Bryant (1892), 92 Mich. 430, 52 N. W. 788. 

(N. T.) Lawson v. Jones (1881), 1 Civ. Pro. (N. T.) 247, 61 How. 
Pr. 424. 

(S. D.) Merchants Nat. Bank v. Stebbins (1898), 10 S. D. 466, 74 
N. W. 199. 

(U. S.) Chicago, St. P. M. & O. Ry. Co. v. Myers (1897), 25 C. C. A. 
486, 80 Fed. 361. 

(Vt.) Quinn v. Halbert (1885), 57 Vt. 178. 

(Wash.) Klepsch v. Donald (1894), 8 Wash. 162, 35 Pac. 621. 

The requirement of § 4670 that the transcript be filed within ten days 
with the clerk is merely directory, and in the absence of any showing that 
the defendant was thereby prejudiced, it is proper to allow the same to be 
read and used on the trial. 

(Utah) State v. Vance (1910), 38 Utah 1, 110 Pac. 434. 

It was proper in a manslaughter trial to allow the court reporter who 

took stenographic notes of the accused's testimony at a former trial to 

state part of such testimony, where he testified to the accuracy of his report. 

(Tex.) Cornelius v. State (1908), 54 Tex. Cr. Rep. 173, 112 S. W. 1050. 

A transcript of evidence is swimissible only in the cases authorized by 
statute (§ 245-a, Code Supp. 1913) — a retrial, or when offered for the pur- 
pose of impeachment. 

(Iowa) Walker v. Walker (1902), 117 Iowa 609, 91 N. W. 908; In 
re Wiltsey's will (1904), 122 Iowa 423, 98 N. W. 294, and (1907), 135 
Iowa 430, 109 N. W. 776. 

A transcript of the evidence may be usjed on a subsequent trial of a 
case to impeach the testimony of witnesses whose evidence on a former 
trial is contained therein. 

(Iowa) Hibbard v. Zenor (1891), 82 Iowa 505, 49 N. W. 63. 

262 



NOTES AS EVIDENCE 9A 

A transcript of notes taken at a former trial may be used to show ad- 
missions, or for impeacliment purposes. 

(Iowa) Ructa V. Dewey (1908), 139 Iowa 528, 116 N. "W. 1062. 

A transcript of the testimony taken in proceedings supplemental to 
execution is admissible as an admission. 

(Iowa) Coldren Land Co. v. Royal (1908), 140 Iowa 381, 118 N. W. 
426. 

The transcript of the testimony of a party on a former trial may be 
introduced as admissions as against interest, even though no foundation has 
been laid for offering it for impeachment purposes. 

(Iowa) Lush V. Town of Parkersburg (1905), 127 Iowa 701, 104 
N. W. 336. 

Proof of defendant's testimony on a former trial does not deprive him 
of his statutory right to refrain from being a witness on his retrial if he 
so elects, but such evidence is competent as a statement or declaration 
against interest. 

(Iowa) State v. Kimes (1911), 152 Iowa 240, 132 N. W. 180. 

On the retrial of a criminal case, a transcript of the testimony of a 
witness on the first trial who is beyond the jurisdiction of the court may 
be read without violating the constitutional right of the defendant to be 
confronted with the witnesses against him. 

(Iowa) State v. Kimes (1911), 152 Iowa 240, 132 N. W. 180; State 
v. Brown (1911), 152 Iowa 427, 132 N. W. 682; State v. Conklin (1911), 
153 Iowa 216, 133 N. W. 119. 

Testimony taken upon a former trial is not hearsay, and may be admit- 
ted when proven, to impeach a witness. 

(Ga.) Pound v. State (1871), 43 Ga. 88. 

Where the stenographer who took the testimony of a witness at a 
former trial testified to the accuracy of his notes, the court properly per- 
mitted him to read from his notes for the purpose of impeaching the 
witness. 

(Tex.) Casey v. State (1906), 50 Tex. Cr. Rep. 392, 97 S. "W. 496. 

In a prosecution for perjury committed in a civil case, it was proper 
to allow the official stenographer to read in evidence a transcript of his 
original stenographic notes of the testimony of the accused, where it was 
shown that he was experienced and capable, and that the original notes had 
been lost. 

(Tex.) Barber v. State (1912), 64 Tex. Cr. Rep. 96, 142 S. W. 577. 

An official court stenographer who took the notes of a witness before 
the grand jury, may as impeaching such witness, read his notes in evidence to 
the jury, if he remernbers and can testify that at the time they were correctly 
taken, and that the notes contain all the evidence of the witness on the 
question at variance, although at the time he is called to testify he has no 
independent recollection of the testimony. 

(Ohio) Baum v. State (1904), 27 Ohio C. C. 569. 

Where witnesses have denied making certain statements at a former 
trial, testimony of the stenographer that they made the statements ascribed 
to them is competent in rebuttal, and its weight is for the jury. 

(Wash.) State v. Fetterly (1903), 33 Wash. 599, 74 Pac. 810. 

One's testimony at an inquest being admissible under Rev. Codes, 
§ 8025, only to impeach him by showing that he had there made statements 
at variance with his testimony at the trial, not all of it, but only such part 
of it as tends to contradict his testimony at the trial is admissible. 

263 



9A SHOBTHAND EEPOETEBS 

(Mont.) Westlake v. Keating Gold Mln. Co. (1914), 48 Mont. 120, 
136 Pac. 38. 

The testimony of a party to an action given on a former trial may 
be introduced against him on the second trial, though he is present in-court 
and may be called as a witness. 

(Colo.) Buddee v. Spangler (1888), 12 Colo. 216. 20 Pac. 760. 

It was proper to permit plaintiffs counsel to read the testimony of a 
witness given at a former trial, where the testimony had been read to the 
witness and he had stated that he did not do the acts stated in the testi- 
mony and did not remember having so testified. 

(R. I.) Carr v. Am. Locomotive Co. (1908), 29 R. I. 276, 70 Atl. 196. 

The fact that a witness gave contrary testimony on a former trial may 
be shown by a witness who heard the testimony on the former trial, though 
it may also be shown by stenographic notes or bill of exceptions. 
(Ind.) Dotterer v. State (1909), 172 Ind. 357, 88 N. E. 689. 

Where, in the trial for an alleged felony, a witness is called by the 
state who has testified about the same facts at the preliminary examination, 
and the defense produces and offers in evidence a transcript of the court 
stenographer's notes taken at the preliminary examination, claiming a 
material variance, such transcript should usually be admitted in evidence. 
(Kan.) state v. Berger (1912), 87 Kan. 479, 124 Pac. 400. 

A shorthand report of the testimony of defendant as a witness before 
the grand jury was properly admitted in evidence at the trial for the pur- 
pose of impeaching defendant, where the stenographer who took down the 
evidence testified, before reading the same, that it was a true and complete 
report thereof, although he testified that he had no independent recollection 
of defendant's testimony independent of the shorthand copy thereof. 
(Ind.) Higgins v. State (1901), 157 Ind. 57, 60 N. E. 685. 

In a civil action for assault and battery, it was not error to admit evi- 
dence of a witness taken in shorthand on the trial of the defendant for 
assault with intent to commit great bodily injury on plaintiff, involving 
the same assault, in which such witness was fully cross-examined, where 
the proper foundation was laid, and the reporter who took the notes 
testified at the civil trial as to what the witness said in the criminal trial. 
(Iowa) Kreuger v. Sylvester (1897), 100 Iowa 647, 69 N. W. 1059. 

The admissions made by the accused while testifying on the trial of 

a civil case may be proved by the court stenographer, and for such purpose 

he may refer to and read from a transcript of his notes after laying a 

proper foundation by showing that they were correctly taken and transcribed. 

(N. D.) state v. Longstreth (1909), 19 N. D. 268, 121 N. W. 1114. 

Where on the trial of a will a witness for contestants had testified that 
the testator in giving his evidence in a certain action was incoherent, and 
on cross-examination said he had the stenographer's notes of his evidence 
in the action, that the stenographer was not sworn but the witness said 
the notes were substantially correct, and on motion the proponents to 
contradict were permitted to read the notes to the jury, held, no error. 

(W. Va.) Kerr v. Lunsford (1888), 31 W. Va. 659, 8 S. B. 493, 2 L. 
R. A. 668. 

The oflacial stenographic reporter of the court who had taken down 
the evidence at the trial in a criminal case was put upon the stand in a 
civil cause for malicious prosecution and allowed to testify as to the evi- 
dence given by a witness at the criminal trial, but beyond the jurisdiction 
of the court at the trial of the civil case. He read from his official notes. 

264 



NOTES AS EVIDENCE 9A 

The objection that the plaintiff might have taken the deposition of the 
witness or produced him was not well taken. For the purpose of showing 
want of probable cause, the reporter was as competent to testify as the 
witness, and if the witness had been in the court room it is highly probable 
that his memory as to the evidence given at the trial would not have been 
BO accurate as the official report of it. 

(Colo.) Brown v. WiHoughby (1879), 5 Colo. 1. 

The stenographer's minutes of the testimony of a saloon keeper on 
a prosecution for drunkenness of one to whom he had sold liquor, are admis- 
sible in an action under the civil damage act against the saloonist by the 
wife of the person convicted. 

(Mich.) Liucker v. Llske (1897), 111 Mich. 683, 70 N. W. 421. 

A Stenographer's transcript of his shorthand notes taken at the coron- 
er's inquest is properly admitted in a murder trial as original; though, if it 
be desired to impeach the correctness of the transcript, comparison may be 
had with the original notes. 

(Ala.) Godau v. State (1913), 179 Ala. 27, 60 So. 908. 

In any case where a stenographer's report is admissible in evidence, a 
duly certified copy thereof may be received. 

(Neb.) Speilman v. Flynn (1886), 19 Neb. 342, 27 N. W. 224. 

When it appears that the original transcript has been lost, and that 
a witness who testified on a former trial is too infirm to be present and 
testify, a carbon copy of the original transcript may be read in evidence, 
if identified by the official stenographer as a true carbon copy. 

(Pa.) Molloy v. U. S. Ex. Co. (1902), 22 Pa. Super. Ct. 173. 

Although the stenographer writes out in words the signs made by a 
dumb witness, yet his notes are admissible under a statute allowing steno- 
graphic notes to be admitted in evidence. 

(Vt.) Quinn v. Halbert (1885), 57 Vt. 178. 

Although a stenographer's transcript which Is introduced in evidence 
concerns the testimony of a witness who has subsequently made a deposi- 
tion, yet the transcript may be admitted in evidence. 

(Mich.) Labar v. Crane (1885), 56 Mich. 585, 23 N. W. 323. 

Where a witness was beyond the jurisdiction. It was proper to permit 
plaintiff to read in evidence his testimony given at a former trial. 

(Mich.) Dolph V. Lake S. &c. Ry. Co. (1907), 149 Mich. 278, 112 N. "W. 
981; Croze v. St. Mary's &c. Co. (1908), 153 Mich. 363, 117 N. W. 81. 

Where the evidence of a witness in a case was taken down and pre- 
served by the court stenographer, and the witness afterwards removed from 
the state, such evidence was admissible In a subsequent trial of the same 
case between the same parties, though no diligence was exercised to pro- 
cure the deposition of such witness. 

(Colo.) Rico R. & M. Co. v. Musgrave (1890), 14 Colo. 79, 23 Pao. 
458; Emerson v. Burnett (1898), 11 Colo. App. 86, 52 Pac. 752. 

A transcript of evidence taken on a former trial is competent to show 
what witnesses testified to on that trial, when they are not within the juris- 
diction of the court on the subsequent trial, and the official reporter who 
reported the case has certified that said transcript Is full, true and correct. 
(Ala.) Ala. Western R. R. Co. v. Downey (1912), 177 Ala. 612, 58 
So. 918. 

The state may introduce in evidence stenographic notes of the testi- 
mony of a witness given at a former trial, where such witness is without 
the state and not available. 

(Colo.) Kenwood v. People (1914), 57 Colo. 544, 143 Pac. 373. 

265 



9A SHOBTHAND BEPOBTERS 

Where a -witness is absent from the state, his testimony, given at a 
former trial of the same cause between the same parties is admissible, If 
otherwise unobjectionable. 

(Neb.) Jerlch v. Union Pac. H. Co. (1915), 97 Neb. 767, 151 N. W. 310. 

In a prosecution for manslaughter, where the sheriff showed due dili- 
gence to serve process on a witness, and that the witness could not be 
found within the state, testimony of such witness on a former trial was 
admissible. 

(Cal.) People v. Wilson (1915), 146 Pac. (Cal. App.) 1048. 

Under Laws 1909, c. 5897, the exclusive method for procuring the testi- 
mony given by an absent witness on a former trial is to introduce the 
original bill of exceptions containing the witness' testimony, or, if lost, to 
re-establish such bill of exceptions. 

(Fla.) Johnson v. State (1914), 68 Fla. 528, 67 So. 100. 

Admission of evidence given by one defendant on a former trial against 
him, held not violative of his privilege against self-incrimination. 

(Minn.) State v. Newman (1914), 127 Minn. 445, 149 N. W. 945. 

Transcript of only part of defendants' testimony before coroner's jury 
held admissible in evidence to contradict their testimony at the trial. 
(Ala.) Patterson v. State (1915), 67 So. 997. 

Record of testimony given by plaintiff and her sister on the trial of 
another action held admissible to discredit their testimony that at the time 
of the injury plaintiff was In good health. 

(Pa.) Gallagher v. Phila. Rapid Transit Co. (1915), 248 Pa. 304, 
93 Atl. 1074. 

Gen. St. 1909, § 2407, permitting the use of the stenographer's tran- 
script in testimony does not restrict such use to the limitations attaching 
to a deposition under §§ 5931 and 5953. (Code Civ. Proc. §§ 337, 358.) 
(Kan.) New v. Smith (1915), 94 Kan. 6, 145 Pac. 880. 

The stenographer who took the evidence of a witness at a preliminary 
examination testified that he transcribed a portion of the notes and 
dictated a portion to a typewriter operator; that he compared the transcript 
with his original notes and that the same was correct, and that all the type- 
writing done by persons other than himself was done under his dictation 
and in his presence. Held, that the transcript was admissible in evidence 
on the trial, the witness being out of the state. 

(Cal.) People v. Garnett (1908), 9 Cal. App. 194, 98 Pac. 247. 

Upon a motion for a new trial, a transcript may be used if the stenog- 
rapher testified that the witnesses were sworn and that the copy of the 
evidence is correct. 

(111.) Brown v. Luehrs (1875), 79 111. 575. 

To render a stenographer's transcript admissible, It must appear that 
he certified thereto within a reasonable time after the testimony was given. 
(Cal.) Reid v. Reid (1887), 73 Cal. 206, 14 Pac. 781. 

Before a stenographer's notes can be admitted in evidence at a subse- 
quent trial, they must be properly authenticated by the stenographer's 
certificate, or otherwise, and the mere fact that the person who made them 
was an official stenographer does not raise the presumption that they were 
accurate and therefore obviate the necessity for the authentication. 
(Mich.) Misner v. Darling (1880), 44 Mich. 438, 7 N. "W. 77. 

Stenographic notes of testimony at a former trial of a witness not in 
attendance at a subsequent trial were admissible where proved to be 

266 



NOTES AS EVIDENCE 9A 

substantially the testimony of the absent witness by a witness who was 
present at the former trial and heard the testimony. 

(Tex.) Smith v. State (1912), 148 S. W. (Tex. Cr. R.) 722. 

The court did not err in permitting the stenographer to reproduce tes- 
timony of a former trial as transcribed by him, where the stenographer testi- 
fied that it was a correct transcript. 

(Tex.) Pace v. State (1913), 69 Tex. Cr. Rep. 27, 153 S. W. 132. 

In a proceeding to punish the bankrupt for contempt in giving evasive 
answers, the accuracy of the notes being proved by the stenographer who 
made them, no further proof was required. 

(U. S.) In re Kaplan Bros. (1914), 213 Fed. (C. C. A.) 753. 

The state, on the second trial, may not introduce the stenographic 
report of the testimony of a witness on a former trial by merely showing 
his absence at the second trial, but must first show the correctness of the 
testimony as taken by the stenographer. 

(Tex.) Franklin v. State (1911), 62 Tex, Cr. Rep. 433, 138 S. "W. 112; 
Eads V. State (1914), 170 S. W. (Tex. Cr. Rep.) 145. 

Where an official reporter correctly reported testimony on a former 
trial, and accurately transcribed it into the bill of exceptions, which had 
been settled and allowed under a stipulation, and it was admitted that the 
witnesses were then non-resident of the county and absent therefrom, and 
it was shown that a party was without means to secure the depositions of 
such witnesses or their attendance at court, it was not error to permit the 
testimony of such absent witnesses to be read from the bill of exceptions. 

(Neb.) Souchek v. Karr (1909), 83 Neb. 649, 120 N. W. 210. 

The testimony of a witness on a former trial can be read only to 
refresh the memory of such witness, or to contradict him. 

(N. T.) Dambmann v. Metropolitan St. Ry. Co. (1907), 55 Misc. 60, 
106 N. T. S. 221. 

Before a stenographer's notes taken before a coroner or committing 
magistrate can be admitted in evidence at a subsequent trial to impeach a 
witness, it must be shown that they were read to, approved and signed 
by such witness. 

(Neb.) Lipscomb v. Lyon (1886), 19 Neb. 511, 27 N. W. 731. 

The Stenographer who took the incriminating answers of accused on an 
examination, swore that a transcript of his minutes had been compared 
with the original stenographic notes, and that it was correct; that in taking 
the notes the questions and answers were correctly taken, and that while 
he could remember some of the questions and answers in part, he could not 
remember them in full without referring to the notes, but no demand that 
he testify to the particular questions and answers remembered was made. 
Held, that the transcript of his notes made and certified in accordance with 
/the practice in civil cases under Code Civil Pro., §§83 and 84, was com- 
petent evidence. 

(N. T.) People t. Randazzio (1909), 194 N. Y. 147, 87 N. E. 112. 

In order to render admissible upon a subsequent trial the notes made by 
a stenographer upon a preliminary hearing, his notes must be transcribed 
into longhand and certified to as correct. 

(Cal.) People v. Carty (1888), 77 Cal. 213, 19 Pac. 490. 

Where the testimony at an investigation before a prosecuting attorney 
was taken down and correctly transcribed and produced in court at a subse- 
quept trial by the public stenographer, by whom it was taken and who is 

267 



9A BHOBTHAND BEFOBTEBS 

a witness at the trial, he may be permitted to read from the transcript when 
asked what the witness had testified. 

(Del.) state v. Rash (1910), 25 Del. (2 Boyce) 77, 7S Atl. 405. 

Where the testimony given at a previous trial had been taken down in 
shorthand by the official court stenographer, by whom it is produced when 
he Is called as a witness for the state In a subsequent trial, and he has 
testified that the transcript is a true and correct copy of the testimony 
given, he may be permitted to read therefrom. 

(Del.) State v. Rash (1910), 25 Del. (2 Boyce) 77, 78 Atl. 405. 

One who heard the testimony of a witness at an examining trial and 
who took down the testimony Is, on the death of the witness, authorized to 
swear to the accuracy of the statement after identifying the paper on which 
the testimony was taken down, regardless of certificate; but. where the only 
means of identification of the testimony is a certificate, the certificate must 
be shown. 

(Tex.) Dowd r. State (1908), 52 Tex. Cr. Rep. 563, 108 S. "W. 389. 

A stenographer's transcript of evidence is admissible when he testified 
that he took the testimony in shorthand, and that the transcript is correct 
and contains all the testimony received. 

(U. S.) In re Gary (1881), 9 Fed. 754. 

The testimony of a witness taken at the examining trial before the 
county judge by an official reporter, and afterwards transcribed, may bo 
read on the subsequent trial, the witness being then deceased, where the 
reporter testified that the witness had been sworn, and that the testimony 
was correctly taken down and transcribed, even though the record of the 
county court did not show there had been an examining trial or the 
appointment of such stenographer for the occasion. 

(Ky.) Moore v. Commonwealth (1911), 143 Ky. 405, 136 S. W. 608. 

Under Comp. L., 1909, § 6623, a transcript of the testimony of a witness at 
the examining trial is admissible on the witness' death without further 
verification or identification; but where the provisions of said section were 
not complied with, such transcript is not admissible unless the stenographer 
testified that a purported copy was a true and correct copy of his notes. 

(Okla.) Wadsworth v. State (1913), 9 Okla. Cr. App. 84, 130 Pac. 808. 

Stenographic notes of testimony taken down at the coroner's inquest 
aad afterwards written out in ordinary characters may, upon due proof 
that the writing is a correct minute of what the witness testified, be read 
to show contradictions between that testimony and the testimony of the 
witness on the stand, his attention being first called to the same. 
(Ga.) Cox V. State (1879), 64 Ga. 374, 37 Am. Rep. 76. 

A transcript of a witness' testimony In a former trial of the case 
being part of a duly certified copy of the report of the trial which, by 
statste. Is made admissible as evidence in all cases where the subject matter 
would be admissible under the rules of evidence, may be used to refresh 
the recollection of the witness In the subsequent trial, in the discretion of 
the trial court. 

(Vt.) Mahoney's Admr. v. Rutland R. Co. (1908), 81 Vt. 210, 69 
Atl. 652. 

If the court permitted a stenographic report of testimony taken at a 
previous trial to be read in evidence, a transcript thereof should be deemed 
to be in evidence, with the privilege to the opposite party of examining it 
and cross-examining upon It. 

(Ohio) Hutchinson v. State (1906), 28 Ohio C. C. 595. 

268 



NOTES AS EVIDENCE 9A 

When a party has testified on a former trial and his evidence is made 
incompetent through the death of the other party before a second trial, the 
testimony of such party can be read by the stenographer who took it down, 
although it is not in the form of a deposition subscribed to by the party. 

(N. T.) Lawson v. Jones (1881), 1 Civ. Pro. (N. T.) 247, 61 How. 
Pr. 424. 

The testimony of a witness at a former trial, who has since died, given 
before a court having jurisdiction of the parties and power to administer 
oaths, but not having jurisdiction of the subject matter, may be Introduced 
in evidence at a subsequent trial. 

(Colo.) Jerome v. Bohm (1895), 21 Colo. 322, 40 Pac. 570. 

§ 4643 Of the Ky. statutes providing that the testimony of any witness 
taken by the official stenographer in any court may be used in a subsequent 
trial between the same parties where the testimony of such witness can- 
not be procured, does not apply to a witness who is dead, but applies only 
to the testimony of living witnesses whose presence cannot be procured 
at a subsequent trial. 

(Ky.) Puqua v. Commonwealth (1905), 26 Ky. Law Rep. 420, 81 
S. W. 923. 

Where a witness testified on the trial of a criminal case and died before 
another trial, his evidence taken down by the official stenographer in 
phonetic characters and transcribed into ordinary characters was admissible 
at the second trial, where it was shown that the notes were correctly taken, 
and that the written evidence tendered was a correct transcript of such notes. 
(Ga.) Jones v. State (1907), 128 Ga. 23, 57 S. E. 313. 

The transcript of the testimony of a deceased witness who testified at 
a former trial is admissible, on the official stenographer testifying that the 
testimony was taken down accurately and correctly transcribed. 

(Ky.) Austin v. Commonwealth (1906), 30 Ky. Law Rep. 295, 98 
S. W. 295. 

Testimony taken on a preliminary hearing and supported by the stenog- 
rapher's evidence is admissible on the trial, where the witness giving 
the same is dead. 

(Okla.) Stealer v. State (1914), 10 Okla. Cr. App. 460, 138 Pac. 395. 

The testimony of witnesses at a former trial, who were dead or absent 
from the state at the present trial, may be read to the jury. 

(Ky.) Yocum's Admx. v. C. N. O. & T. P. Ry. Co. (1911), 143 Ky. 
700, 137 S. W. 217. 

Testimony of a witness in a criminal case may be proved on a sub- 
sequent trial, where it is shown that the witness is dead or insane, or is 
beyond the jurisdiction of the state. 

(Ala.) Brown v. State (1914), 11 Ala. App. 321, 66 So. 829. 

Under C!omp. Laws 1907, §§ 4670, 4685x1, transcript of testimony of 
physician on preliminary examination for homicide held admissible, the 
witness being out of the state and due diligence to subpoena him having 
been shown. 

(Utah) State v. Hlllstrom (1915), 150 Pac. 935. 

On second trial of a case, the testimony of a witness on the first, since 
deceased, is admissible on behalf of either party, when properly proved. 

(Tex.) Texas & N. O. R. Co. v. Williams (1915), 178 S. "W. (Tex. 
Civ. App.) 701. 

In a prosecution for homicide, testimony of dead witness at former 
trial, admissible if witness were living, held admissible. 

(Tex.) Sweat v. State (1915), 178 S. W. (Tex. Cr. Rep.) 554. 

269 



9A SHORTHAND BEPOBTEBS 

On the retrial of a case, the original plaintiff being deceased, his tes- 
timony given on the first trial may be read in evidence. 

(Iowa) Flint v. Atlas Mut. Ins. Co. (1909), 142 Iowa 431, 120 N. W. 
1031. 

Decedent, for injury to whom his administrator sues, having testified 
on a former trial, it was proper to read his testimony from the official sten- 
ographer's notes. 

(Tex.) "Waggoner v. Sneed (1911), 138 S. W. (Tex. Civ. App.) 219. 

Where, in an action to recover damages for personal injuries, plaintiff's 
judgment was reversed upon appeal; and after remand of the case, plaintiff 
died, and the action was, by consent, revived in the name of the adminis- 
trator, such stipulation concedes the death of the original plaintiff and dis- 
penses with the necessity of the affidavit required by § 4643, Ky. Stats., to 
render admissible the testimony of plaintiff's intestate taken upon the 
former trial by the official stenographer. The benefit of former testimony 
of an Intestate extends to his personal representative. 

(Ky.) Ky. Trac. & Term. Co. v. Downing's Admr. (1914), 159 Ky. 
502, 167 S. W. 683. 

While at common law the substance of the testimony of a deceased wit- 
ness was admissible on a subsequent trial, the exact words can under the 
system of stenographic reporting be reproduced, and Rev. St., ch. 84, § 162, 
makes a certified copy of the stenographer's notes admissible. 

(Me.) Bdgeley v. Appleyard (1913), 110 Maine 337, 86 Atl. 244. 

Where a witness at a former trial had since died, the reporter's notes 
of his testimony given at such trial, though not signed by the witness, were 
admissible to prove his testimony. 

(Ala.) Jones v. State (1911), 174 Ala. 85, 57 So. 36. 

A transcript of the evidence of a deceased witness who testified at an 
examining trial of accused is admissible on the proof by the stenographer 
that it was taken down correctly and accurately transcribed. 

(Ky.) Qulnlan v. Commonwealth (1912), 149 Ky. 476, 149 S. W. 
892. 

Where a party who testified at the first trial died before the second 
trial, the stenographic report of the testimony, accompanied by the testi- 
mony of the stenographer that the report was a correct transcrrpt of the 
notes taken by him, was admissible. 

(Tex.) Wiener v. Zwelb (1910), 128 S. W. (Tex. Civ. App.) 699. 

The evidence given by a deceased witness is competent where the issues 
in the former trial were substantially the same as those in which the tes- 
timony was offered. 

(111.) Levine v. Carroll (1905), 121 lU. App. 105. 

Testimony given in a prior suit involving the present issue is admis- 
sible, the witness being dead. 

(Ala.) Coulson v. Scott (1910), 167 Ala. 606, 52 So. 436. 

Where plaintiff testified before an auditor, and died, a stenographic 
transcript of his testimony was admissible at a subsequent trial of the 

same action. 

(Mass.) Randall v. Peerless Motor Car Co. (1912), 212 Mass. 352, 
99 N. B. 221. 
Under the law of 1893 notes of the e,vidence of a deceased witness taken 
at a former trial may be read. 

(S. D.) Merchants Nat. Bk. v. Stebblns (1898), 10 S. D. 466, 74 N. 
W. 199. 

270 



NOTES AS EVIDENCE 9A 

It is competent for a party, on the second trial of an action in the fed- 
eral court, under the general rule, to prove the testimony given on the 
former trial by a witness who has since died, there being no federal statute 
on the subject. 

(U. S.) Npme Beach &c. Co. v. Standard Marine Ins. Co. (1907), 156 
Fed. (C. C— Cal.) 484. 

In a prosecution for rape, the official stenographer was properly per- 
mitted to read to the jury the transcript of the testimony of the prosecutrix 
given at the examining trial, where the prosecutrix had since died. 

(Ky.) Lake v. Commonwealth (1907), 31 Ky. Law Rep. 1231, 104 
S. W. 1002. 

A transcript of an official stenographer duly filed in a former trial is 
admissible in evidence upon a subsequent trial, although the filing in the 
former case was not authorized by the judge. 

(Vt.) Bridgman v. Corey's B3st. (1890), 62 Vt. 1, 20 Atl. 273. 

When a witness who has given evidence on a former action between the 
same parties, where the same issue is involved, is out of the jurisdiction 
of the court, such testimony is admissible upon a subsequent trial. 
See cases cited in 11 A. & E. Enc. of liaw, page 523, note 2. 

In case of a first and second trial, there being a bill of exceptions made 
a part of the record containing the evidence on the former trial, and suf- 
ficient ground being shown on the latter trial for reproducing the evidence 
of any witness, it may be done by reading from such bill, and if it is not 
certified to contain all the evidence, the rest thereof may be shown by any 
competent proof, such as a certified transcript of the stenographer's minutes. 
(Wis.) Howard v. Beldenvllle Lbr. Co. (1908), 134 Wis. 644, 114 
N W. 1114. 

Where one party offers part of the evidence of a witness given on a 
former trial to contradict such witness, the other party may put in so much 
as is relevant, and may cause the stenographer to read his original minutes. 
(Me.) Noyes v. Gilman (1880), 71 Maine 394. 

Under a statute providing that certified copies of all papers belonging 
to any public office or by authority of law filed to be kept therein, a certified 
copy of the stenographer's transcript of the proceedings in the District 
Court is admissible, where the original would be under an act which pro- 
vides for the appointment of an official stenographer, and which further pro- 
vides that he shall keep an office and preserve his stenographic report, which 
shall be the property of the state. 

(Neb.) Spellman v. Flynn (1886), 19 Neb. 342, 27 N. W. 224. 

When depositions are taken in shorthand, under statutory provisions 
the notes may be signed by the witness after being read over to him, and 
it is not necessary that the witness sign or swear to the translation of the 
notes. 

(Iowa) Slooum v. Brown (1898), 105 Iowa 209, 74 N. W. 936. 

In a prosecution for statutory rape, where accused had been acquitted 
In a former prosecution, when the state relied on a different act, evidence 
in the former trial, tending to show that the accused was guilty of the act 
charged in the second prosecution, was admissible. 

(Tex.) Hamilton v. State (1914), 168 S. W. (Tex. Cr. Rep.) 536. 

Under L. O. L., §§ 727, 1533, and Const., art. 1, § 11, testimony of wit- 
nesses out of the state, given in a former trial for larceny, is admissible, so 
far as relevant, against the same defendant in a prosecution for polygamy. 
(Or.) State v. Von Klein (1914), 71 Or. 159, 142 Pac. 549. 

- 271 



9B SHOBTHAMT) EEPOBTEES 

9B Inadmissibility. 

In the absence of a statute the notes of a stenographer are inadmissible 
upon a subsequent trial 

(Cal.) Reld v. Reid (1887), 73 Cal. 206, 14 Pao. 781. 

The testimony of an official stenographer, refreshed by his notes taken 
at a former trial, as to the testimony of an absent witness, is regarded as 
hearsay and is inadmissible in the absence of a statute declaring the legal 
value of such notes, in a case where it does not affirmatively appear that 
by the exercise of due diligence the testimony of such absent witness could 
not have been taken by deposition. 

<N. M.) Klrchner v. Laughlln (1890), 5 N. M. 365, 28 Pao. 505. 

The stenographer's notes are only admissible in the case of an absent 
■witness, and cannot be allowed to impeach a present witness. 
(Ohio) Penn. Co. v. Trainer (1896), 12 Ohio C. C. 66. 

In a criminal case the shorthand notes of an absent witness taken on 
a former trial are inadmissible against the defendant. 

(Tex.) Smith v. State (1905), 48 Tex. Cr. Rep. 65, 85 S. "W. 1153. 

Under laws of 1909, c. 5897, it was error to permit the official stenog- 
rapher to read the testimony of two absent witnesses as given at a former 
trial. 

(Fla.) Coley v. State (1914), 67 Pla. 178, 64 So. 751. 

A stenographer's transcript of evidence on a former trial cannot be used 
to contradict the witness on a subsequent trial, the legislature not having 
declared such reports evidence for any purpose. 

(111.) Phares v. Barber (1871), 61 111. 271. 

The official stenographer's notes of the testimony of a party upon a 
former trial cannot be read in evidence, especially when the party is alive 
and present in court, but on laying the proper foundation, such former testi- 
mony can be proved by the stenographer or any other person that heard it. 
(Mo.) Byrd v. Hartman (1897), 70 Mo. App. 57; Derapsey v. Lawson 
(1898), 76 Mo. App. 522. 

A stenographer's notes taken at a former trial are Inadmissible to 
impeach the testimony of a witness on the second trial regarding matters 
alleged to have been testified to by. him at such former trial. 

(Wash.) State v. Freldrich (1892), 4 Wash. 204, 29 Pao. 1055; Red- 
ford V. Spokane St. R. Co. (1896), 15 Wash 419, 46 Pao. 650. 

One's testimony at an inquest being admissible under Rev. Codes, 
i 8025, only to impeach him by showing that he had there made statements 
at variance with his testimony at the trial, not all of it, but only such 
part of it as tends to contradict his testimony at the trial is admissible. 

(Mont.) Westlake v. Keating Gold Min. Co. (1914), 48 Mont. 120, 
136 Pao. 38. 

When the law does not provide for the certification by the shorthand 
reporter of the proceedings of a district court, a transcript of his notes, 
although certified to, is not admissible as independent evidence in a second 

trial. 

(Neb.) Jordan v. Howe (1903), 4 Neb. (Unoff.) 667, 95 N. W. 853. 

Unless the transcript has been compared with the stenographer's 
notes, a transcript made by a person other than the stenographer who took 
the testimony is not admissible in evidence. 

(Mich.) People v. McKinney (1882), 49 Mich. 334, 13 N. W. 619. 

272 



NOTES AS EVIDENCE 9B 

The court stenographer's notes of the evidence of a witness at a former 
trial could not be admitted in evidence unless transcribed so that they 
could be read and shown to be correct. 

(Tex.) Harris v. State (1913), 71 Tex. Cr. Rep. 463, 160 S. W. 447. 

An official stenographer's notes are not admissible as evidence in a 
subsequent action in which the parties are not the same as in the action 
in which the notes were taken. 

(111.) Sebree v. Bd. of Education (1912), 254 111. 438, 98 N. B. 931. 
(Mich.) Eesley Light & P. Co. v. Commonwealth Power Co. (1912), 
172 Mich. 78, 137 N. W. 663. 

(N. Y.) Lyon v. Brown (1898), 31 App. Div. 67, 52 N. T. S. 531. 

A copy of testimony shown by a report of the Interstate Commerce 
Commission to have been given by a witness In an investigation before 
that body, not otherwise authenticated, is not competent evidence In a 
subsequent suit In the federal court between different parties and in which 
different issues are Involved. 

(U. S.) United States v. Reading Co. (1910), 183 Fed. (C. C.) 427. 

A transcript of testimony can only be used in a re-trlal of the case in 
which it was taken, so that evidence taken on the contest of a will cannot 
be used in the subsequent contest of a different will. 

(Iowa) Spiers v. Hendershott (1909), 142 Iowa 446, 120 N. "W. 62. 

The admission as to what an absent witness would testify to, received 
to avoid a continuance, may not be offered on a subsequent trial except 
to avoid a continuance thereof, notwithstanding Code Supp. 1907, § 245a, 
making the reporter's notes of evidence admissible in evidence. 

(Iowa) Neidy v. Littlejohn (1910), 146 Iowa 355, 125 N. W. 198. 

The testimony of witnesses at a preliminary hearing was not reduced 
to writing, but was taken in stenographic notes by a stenographer employed 
by one of the parties. It did not appear that the stenographer was an 
officer of the law. The stenographic notes were not transcribed and read 
over and subscribed by the witnesses during the preliminary trial. At some 
time after the trial the notes were transcribed, and at a different place in 
the absence of the defendant taken by the magistrate and read over to the 
witnesses testifying, who subscribed their names as such. The stenographer 
was not examined as to the correctness of his notes or his transcribing. 
Held, not to establish a proper foundation for the admission of such second- 
ary testimony. 

(Ala.) Degg v. State (1907), 150 Ala. 3, 43 So. 484. 

Where the stenographer stated that he could not say that his notes 
contained all that the witness stated at a coroner's Inquest, such notes 
could not be used for impeachment purposes. 

(Or.) State v. Martin (1906), 47 Or. 282, 83 Pac. 849. 

The testimony of a witness given at a trial In a county court cannot 
be proved by the notes of the county court reporter upon the trial of the 
cause on appeal to the district court, unless the parties so stipulate. 

(Colo.) Cerrusite Mineral Co. v. Steele (1902), 18 Colo. App. 216, 
70 Pac. 1091. 

A stenographer's transcript of testimony given by witnesses at a former 
trial who have since died is not admissible in the absence of any evidence 
that the evidence was correctly transcribed, other than the certificate of 
the stenographer. 

(Colo.) Williams v. Sleepy Hollow Min. Co. (1906), 37 Colo. 62, 86 
Pac. 337, 7 L. R. A. (N. S.) 1170. 

A part of the stenographic notes was read in evidence by the defend- 
ant, and he then called a witness to testify as to other statements made at 

273 



9B SHOBTHAND BEPOBTEBS 

the former trial. The prosecution was then allowed against objection to 
read the portion of the stenographic notes bearing upon the statement testi- 
fied to. Held, erroneous. 

(Cal.) People v. Morlne (1882), 61 Cal. 367. 

Evidence given at a former trial could not be proved by reading to a 
witness from an alleged transcript what purported to be extracts from the 
testimony given on the occasion named by the named witnesses and asking 
him whether as a fact the testimony was given as purported to have been 
from the transcript so used. 

(Md.) Packhara v. Ludwig (1906), 103 Md. 416, 63 Atl. 1048. 

A transcript of the evidence of a party relating to personal trans- 
action with the adverse party, since deceased, is not a deposition within 
the meaning of Code § 4605, and cannot be used as such in a subsequent 
trial of the action. 

(Iowa) Greenlee v. Mosnat (1907), 136 Iowa 639, 111 N. "W. 996. 

Under the provisions of Art. 772 of Code of Civ. Pro., 1895, allowing 
the reading of depositions upon proof that a witness is dead or out of the 
state, the shorthand notes of the testimony of a witness taken upon a 
former trial are inadmissible. 

(Tex.) Smith v. State (1905), 48 Tex. Cr. Rep. 65, 85 S. W. 1153. 

The notes of an olficial stenographer, though accompanied by a formal 
certificate, are not admissible in evidence as independent evidence, when 
the law makes no provision for the certification by the stenographer of 
the proceedings of the District Court. 

(Neb.) Smith v. State (1894), 42 Neb. 356, 60 N. W. 586. 

Under the act of 52nd Congress, 1 sess., c. 14, which provides that 
depositions may be taken in the manner allowed by law in the state In 
which the federal court is held, the stenographic transcript of notes taken 
on a former trial, though such notes are admissible in evidence under the 
law of the state where the court is held, are not admissible in the fed- 
eral court. 

(U. S.) Mulcahey v. Lake Brie & W. R. R. Co. (1895), 69 Fed. 
(C. C.) 172. 

A deposition taken before a proper notary and taken down in short- 
hand and typewritten by a clerk of plaintiff's attorneys should be sup- 
pressed, since such clerk was not a "disinterested person" within the mean- 
ing of the statute. 

(Ind.) Knickerbocker Ice Co. v. Gray (1904), 165 Ind. 140, 72 N. E. 
869. 

When a stenographer's notes are Incomplete they cannot be introduced 
to contradict a witness. 

(Ky.) Beavers v. Bowen (1904), 26 Ky. Law Rep. 291, 80 S. W. 1165. 

An unverified transcript of defendant's testimony taken at a former 
trial by a stenographer appointed by the court was inadmissible on a 
subsequent trial. 

(Tex.) St. L. S. W. Ry. Co. v. Rea (1904), 84 S. W. (Tex. Civ. App.) 

428. 

It is improper to admit in evidence a transcript of the official stenog- 
rapher's notes of a witness' testimony taken at a former trial, where It Is 
not signed by him or otherwise certified by him to be correct. 

(Tex.) Prewitt v. S. "W. Tel. & Tel. Co. (1907), 46 Tex. Civ. App. 123, 
101 S. W. 812. 
Testimony of a stenographer as to what a witness had testified to 
on another trial is properly excluded, in the absence of a showing that the 

274 



NOTES AS EVIDENCE 9B 

testimony of such witness was correctly taken by the stenographer or the 
minutes correctly transcribed. 

(N. Y.) People v. Hoke (1912), 27 N. T. Cr. R. 483, 151 App. Dlv. 
744, 136 N. Y. S. 235. 

(Tex.) Eads v. State (1914), 170 S. W. (Tex. Cr. Rep.) 145. 

The testimony of a witness on the stand inconsistent with his testimony 
given upon a former trial cannot be shown by the case on appeal, but 
only by a transcript of the minutes of the stenographer, supported by his 
oath upon the stand. 

(N. Y.) Trenkman v. Schneider (1899), 26 Misc. 695, 56 N. Y. S. 770. 

The unverified minutes of the stenographer on a former trial are Inad- 
missible to contradict a witness. 

(N. Y.) JafEe v. Penn R. Co. (1906), 49 Misc. 520, 97 N. Y. S. 1037. 

Under § 245a, Code Supp., a transcript of the evidence on a former trial 
is not admissible for impeachment purposes on a subsequent trial where 
the same is not certified to contain the whole of the shorthand notes of 
the evidence of such witness. 

(Iowa) Connell v. Connell (1903), 119 Iowa 602, 93 N. W. 582. 

A Stipulation that a stenographer who reported the evidence on an 
examining trial would state, if present, that the transcript of his notes 
was incomplete, and did not contain all that was testified to by the wit- 
nesses, but that all contained in it was said by the witnesses, and was 
correct as far as the testimony was written, constituted a waiver of the 
production and proof of the notes by the stenographer only in order to 
authorize their use in evidence, but did not waive an objection to the rel- 
evancy of the contents of the notes. 

(Ky.) Beavers v. Bowen (1904), 26 Ky. Law Rep. 291, 80 S. W. 1165. 

Testimony given on a preliminary examination before a magistrate must 
be proved orally and not by reading the notes of the stenographer, as such 
notes are not admissible except as a memoranda to refresh his memory. 
(Wis.) Rounds v. St^te (1883), 57 Wis. 45, 14 N. W. 865. 

To allow the stenographer who produced a transcript of shorthand notes 
taken at the preliminary examination of the defendant to read directly 
therefrom to the jury was an irregular practice. 

(Cal.) People v. Warr (1914), 136 Pac. (Cal. App.) 304. 

Without proof of the genuineness and correctness thereof, a stenographic 
report of evidence on a former trial is inadmissible. 

(Ga.) Barksdale v. Security Inv. Co. (1904), 120 Ga. 388, 47 S. E. 943. 
Before the shorthand notes of the testimony of a witness in another 
case can be introduced in evidence, the correctness of the notes must 
be shown. 

(Wyo.) Fletcher v. State (1912), 20 Wyo. 284, 123 Pac. 80. 

The stenographic report of the evidence of witnesses on a former trial 
was properly excluded, where no sufiicient predicate was laid for its 
admission. 

(Ala.) D. & N. R. Co. v. Dilburn (1912), 178 Ala. 600, 59 So. 438. 
Where there is no showing as to the absence of the witnesses and the 
stenographer does not testify either from memory or his notes that they 
contained a true and correct reproduction of the testimony of said wit- 
ilesses, the proper foundation has not been laid for their introduction. 

(Mich.) Kaiser v. Detroit United Ry. (1911), 167 Mich. 288, 132 
N. W. 1051. 

A transcript of the testimony of a Chinese witness taken at the coroner's 
inquest is inadmissible as hearsay, unless the interpreter or some other 

275 



9B SHOBTHAND BEPOBTEBS 

witness familiar with the language who heard the testimony testified as to 
the accuracy of the transcript. 

(Cal.) People v. Ah Tut (1880), 56 Cal. 119; People v. Luis (1910), 
158 Cal. 185, 110 Pac. 580; People v. Ong Git (1914), 137 Pao. (Cal. App.) 
283. 

Where a copy of the reporter's minutes of evidence given on a former 
trial was not certified to by him as required by § 4141, Stats. 1898, nor 
proof made of the facts required to be so certified, it was not admissible, 
although the reporter testified that it was a correct copy made by himself 
of the minutes of the court as taken by him on the former trial. 

(Wis.) Wells V. Chase (1905), 126 Wis. 202, 105 N. W. 799. 

One who took down in shorthand the testimony of plaintifi at a former 
trial may not read from the transcript what purports to be her testimony at 
such trial, it not being shown the transcript is correct, the original short- 
hand notes not being produced and the witness having no independent recol- 
lection of the plaintiff's testimony. 

(Tex.) Combest v. Wall (1909), 115 S. W. (Tex. Civ. App.) 354. 

When the stenographer who took the notes is dead, the notes taken 
upon a former trial cannot be used in evidence upon a subsequent trial. 
(Cal.) People v. Qurise (1881), 59 Cal. 343. 

Where a witness promised, but failed, to be present at the second trial, 
plaintiff could not introduce his testimony given at a former trial, over 
defendant's objection. 

(U. S.) C. M. & St. P. Ry. Co. v. Newsome (1909), 98 C. C. A. 1, 174 
Fed. 394. 

Where plaintiff, in an action for personal injuries, was a witness on the 
second trial and stated all that he could remember of the circumstances of 
the accident, a transcript of his testimony on a former trial of the action 
is not competent when offered by him. 

(111.) Donaldson v. Spring Valley Coal Co. (1912), 175 111. App. 224. 

L. O. L., § 727, subd. 3, does not authorize the admission of the testi- 
mony of a witness at a former trial which was not taken or certified by 
the official reporter as provided in § 932. 

(Or.) state v. McPherson (1914), 70 Or. 371, 141 Pac. 1018. 

The notes of the stenographer of the House cannot be used to impeach 
a bill by showing that the action on it was indefinitely postponed and 
never taken up. 

(Okla.) McNeal v. Ritterbusch (1911), 29 Okla. 223, 116 Pac. 778. 

Dictagraph conversation. — A stenographer concealed in an adjoining 
room, by means of a dictagraph, took down a portion of a conversation 
between defendant and an attorney. She did not see defendant, had never 
seen him before, and did not know or recognize his voice. She' was not 
called as a witness to testify to statements made in her presence by the 
defendant, but her transcription of the incomplete notes she had taken 
was received in evidence against defenda.nt as primary or independent 
evidence of his admissions, and not to contradict him upon cross-examlnar 
tion, nor as an aid to the recollection of a witness to a conversation which 
she had heard. Held, erroneous. 

(N. T.) People v. Martin (1915), 154 N. T. S. (Sup. Ct.) 324. 

9C Reading of Notes. 

Notes may be read to the jury where authorized by statute. 

(Mass.) Merritt v. N. T., N. H. & H. R. Co. (1895), 164 Mass. 440, 
41 N. B. 667. 

(Mont.) Freezer v. Sweeney (1889), 8 Mont. 508, 21 Pac. 20. 

276 



NOTES AS EVIDENCE 9C 

It Is proper for the jury to return to the court room during its delibera- 
tions, and upon its request for the reporter to read to them from his notes 
portions of the testimony, when done at the direction of the court and in the 
presence of counsel for both parties; and the objection that undue prom- 
inence is given the evidence thus read is not tenable. 

(Iowa) state v. Perkins (1909), 143 Iowa 55, 120 N. "W. 62. 

The court may of its own motion have the stenographic report of a wit- 
ness' testimony read to the jury in the trial of a criminal case where they 
differ as to the testimony of the witness, and coming into court make this 
difference known. 

(Ga.) Morman v. State (1900), 110 Ga. 311, 35 S. E. 152. 

In a civil action the court may permit the stenographer to read his 
shorthand notes of the testimony to the jury where they disagree as to what 
certain witnesses testified to, when such testimony is read in the presence 
of the party complaining. 

(Kan.) Cannon v. Griffith (1896), 3 Kan. App. 506, 43 Pac. 829. 

It is error for the court to refuse to bring in the jury at their request 
seconded by the request of counsel for one of the parties, and inform them 
as to what a witness had sworn to. 

(N. Y.) Drew v. Andrews (1876), 8 Hun (N. T.) 23. 

The jury may, after retiring to their room, return, and in the presence 
of the court and of the parties and their attorneys have read to them the 
answer made to a deposition read as evidence on the trial. 

(Ky.) Westerfleld v. Baldwin (1894), 16 Ky. Law Rep. 318. 

It is competent for the judges of such courts as employ official stenog- 
raphers to cause portions of their notes of the evidence to be read over to 
the jury in open court, if requested by them, and also to cause typewritten 
transcripts of desired portions of the testimony, or even the whole of it, to 
be submitted to the jury if they so request. The exercise of this power must 
necessarily rest to a great extent in the discretion of the trial judge. 
(Conn.) state v. Rubaka (1909), 82 Conn. 60, 72 Atl. 566. 

The jury have a right to request the court that their recollection of the 
evidence may be refreshed by having the testimony, if taken down, read t» 
them. 

(Ga.) Roberts v. Atlanta Consol. St. Ry. Co. (1898), 104 Ga. 865, 
30 S. E. 966. 

The testimony of one of the witnesses for the state may properly be 
read to the jury at their request upon their return into court, in the pres- 
ence of the defendant, under the provisions of Code § 5398. 

(Iowa) State v. Hunt (1900), 112 Iowa 509, 84 N. W. 525. 

It is within the discretion of the court to comply with the request of the 
jury made after they have retired to consider their verdict for information 
as to certain testimony which had been produced before them. 

(Mich.) People v. Shuler (1904), 136 Mich. 161, 98 N. W. 986. 

That the stenographer without the consent of the prisoner's counsel 
and at the request of the jury read to them his notes of the testimony of 
the prosecuting witness in chief, and not his cross examination, or other 
testimony in the case, is not erroneous on the ground that it was a second 
testifying of the witness without cross examination. 

(Neb.) Jamieson v. State (1888), 25 Neb. 185, 41 N. W. 138. 

The testimony of a witness for the state may properly be read to the 
jury in answer to their questions, where the court has no thought of asking 

277 



9C SHOETHAND BEPOBTEBS 

the jury to decide the case upon the testimony of any one witness to the 
exclusion of other evidence before them. 

(N. T.) People V. Foy (1893), 138 N. T. 664, 34 N. E. 396. 

Where after the jury retired it returned into court and asked for the 
testimony of a witness, the court did not exceed its discretion in also read- 
ing the testimony of another witness relative to the same matter, although 
it might properly have complied with the request made. 

(Vt.) Comstock V. Jacobs (1912), 86 Vt. 182, 84 Atl. 568. 

It is not error for the trial judge, in answer to a request made by the 
jury, to permit their recollection to be refreshed by having the stenographer 
read a portion of the testimony delivered on the trial, concerning which 
some misapprehension had arisen in the minds of the jury after they had 
retired. 

(Pa.) Commonwealth v. Bolger (1910), 42 Pa. Super. Ct. 115. 

It is not a valid objection to reading to the jury upon their return into 
court the stenographer's notes of the evidence, that the notes are secondary 
and inadmissible if the witnesses themselves can be produced, since the 
notes of the stenographer, who is a sworn officer of the court, are presumed 
to be correct until shown otherwise, and since the court is without authority 
to reopen the case or recall witnesses and admit new or additional testi- 
mony. 

(Mont.) Freezer v. Sweeney (1889), 8 Mont. 508, 21 Pac. 20. 

If the jury in a criminal case disagree as to the testimony of certain 
witnesses, it is not error for the court in the presence of the accused and 
his counsel, to require the official stenographer to read the testimony of 
such witnesses from his notes. 

(Ga.) Green v. State (1905), 122 Ga. 169, 50 S. E. 53. 

Denial of the jury's request made after retirement to be furnished with 
certain testimony is not erroneous where there was no request for further 
instruction and neither of the counsel requested to have the jury called back 
for any purpose. 

(N. T.) Byrnes v. N. T. &c. R. Co. (1888), 47 Hun 637, 14 N. T. S, 
R. 554. 

It is not reversible error to permit the official stenographer to read to 
the jury at their request, upon their coming into court after having retired, 
a portion of the testimony of the appellant, where it does not appear but 
that part of the testimony which was most favorable to him was read. 

(Neb.) Darner v. Daggett (1892), 35 Neb. 695, 63 N. W. 608. 

In the absence of statute the jury have no absolute right to have the 
stenographer's notes taken in the case read to them. Whether their re- 
quest in this regard should be complied with rests in the discretion of the 
court. The trial judge in his discretion may grant or deny the jury's re- 
quest upon their return into court that certain testimony be read to them. 
(Vt.) state v. Manning (1903), 75 Vt. 185, 54 Atl. 181. 

Only by agreement of counsel may a stenographer read his minutes of 
the testimony of a witness, where the statute provides that at the request 
of the jury any witness may be recalled to state the testimony given by the 
witness in regard to a particular point about which there is a controversy. 
(Tex.) Vaughn v. State (1907), 51 Tex. Cr. R. 180, 101 S. W. 445. 

After the submission of a case to the jury, the jury was brought into 
court, and upon its request, by direction of the court, the stenographer read 
from his notes the testimony upon a certain matter. Held, it was serious 
error to permit the testimony to be read to the jury after the case had been 

278 



NOTES AS EVIDENCE 9C 

submitted to them. They thus heard a portion of the plaintiff's testimony 
twice, and the last time disconnected from all other evidence, so that they 
went back to their room with their 'memories refreshed as to this; and 
having listened to it out of its connection, they would be liable to give it 
an importance to which it was not entitled, and which they would not have 
given it otherwise. 

(Colo.) Hersey v. TuUy (1896), 8 Colo. App. 110, 44 Pac. 854. 

It is error for the court to send the stenographer into the jury room in 
response to an inquiry by the jury as to the testimony, and to have him 
read to them from his minutes portions of the testimony, in the absence of 
counsel. 

(N. T.) Otto v. Young (1904), 43 Misc. 628, 88 N. T. S. 188. 

Held reversible error for the court, without consulting either of the 
attorneys, to permit the official reporter to go into the jury room at the 
request of the jury to read from his notes portions of the testimony. 

(Iowa) Fleming v. Town of Shenandoah (1885), 67 Iowa 505, 25 N. 
W. 752, 56 Am. Rep. 354. 

The jury, on the second day after the case was submitted to them, sent 
a note to the trial judge stating that they could not agree as to the facts in 
the evidence of two witnesses, and asking to have the stenographer's tran- 
script of their testimony, being "satisfied that the jury cannot agree with- 
out" such transcript. Held, error for the court, without the consent of 
counsel on both sides, to order the jury afterwards brought into court and 
the stenographer to read them his notes of the testimony of such witnesses. 

(Mo.) Padgitt V. Moll (1900), 159 Mo. 143, 60 S. W. 121, 52 L. R. A. 
854, 81 Am. St. Rep. 347, and note, 358. 

The reporter, at the direction of the court, read to the jury from his 
notes at their request, upon their return into court, the evidence given on 
the trial by two of the witnesses for the state. Held reversible error, al- 
though the prisoner was present in court, where his counsel was not pres- 
ent nor notified to be present. 

(Neb.) Bartell v. State (1894), 40 Neb. 232, 58 N. W. 716. 

It is reversible error to permit a portion of the testimony of a witness 
as taken down to be read to the jury at their request upon their return into 
court, in the absence of the prisoner. 

(Va.) Jackson v. Commonwealth (1870), 19 Gratt. (Va.) 656. 

Having the stenographer in a criminal case read to the jury at its 
request the testimony of a witness is an irregularity in procedure; and de- 
fendant cannot except thereto on appeal without objecting at the trial. 
(S. C.) state v. Norton (1904), 69 S. C. 454, 48 S. B. 464. 

When the court and counsel differ as to what the witness testified to, 
the stenographer may be required by the court to read from his notes the 
exact words of the witness. 

(Ga.) Vann v. State (1889), 83 Ga. 44, 9 S. B. 945. 

The court may require the reporter to read his notes of the evidence 
for the purpose of determining what portions should be stricken, though 
In the presence of the jury, where a reasonable discretion in the matter is 
not exceeded. 

(Iowa) State v. Fielding (1907), 135 Iowa 255, 112 N. W. 539. 
It Is within the sound discretion of the trial judge to permit the stenog- 
rapher to read three times, in the presence of the jury, certain testimony of 
plaintiff while testifying on his own behalf, and to allow him to correct a 
statement therein. 

279 



0C SHORTHAND BEPOBTEBS 

(Tex.) Equitable Life Assurance Soo. v. Maverick (1904), 78 S. W. 
(Tex. Civ. App.) 560. 

The official court reporter was properly permitted to read from his 
trial notes to refresh the prosecuting attorney's recollection, the court stating 
that the reading should not be considered by the jury as evidence. 

(Ala.) Loudermllk v. State (1912), 4 Ala. App. 167, 58 So. 180. 

An attorney may properly in his argument to the jury read from a 
transcript of the notes taken by the stenographer at the trial. 

(Mo.) Bradley v. City of SplckardsvlUe (1901), 90 Mo. App. 416. 

It is the right of counsel in argument to the jury to read such portions 
of a witness' testimony as he may desire, without reading the whole of the 
testimony of such witness. 

(Iowa) Goodson v. City of Des Moines (1885), 66 Iowa 255, 23 N. 
"W. 655. 

Counsel in argument may read to the jury from the stenographer's notes 
when obtainable, or from a transcript or depositions, within the discretion 
of the court. 

(R. I.) Podrat v. Narragansett Pier R. Co. (1911), 32 R. I. 255, 
78 Atl. 1041. 

It was no abuse of discretion to permit counsel in argument to the jury 
to quote testimony of witnesses from the notes of the stenographer who had 
taken the proceedings. 

(Wash.) Ralton v. Sherwood Logging Co. (1909), 54 Wash. 254, 
103 Pac. 28. 

There is no objection to the use by counsel in argument of the steno- 
graphic notes of the evidence. 

(N. C.) Gwaltney v. Scottish Carolina Timber Co. (1894), 115 N. C. 
579, 20 S. B. 465. 

It is not error for a trial court to refuse to permit counsel to read to the 
jury from a transcript of the evidence. 

(Iowa) McConkle v. Babcock (1897), 101 Iowa 126, 70 N. W. 103. 
(Wis.) Stuckey v. Prltsche (1890), 77 Wis. 329, 46 N. W. 60. 

In an action by an attorney for fees, where other attorneys were called 
as experts to prove the value of the services, it was not competent for the 
stenographer to read to the witnesses plaintiff's testimony and ask them to 
base their opinion on the value of the services on the testimony, but the 
opinions should have been based upon hypothetical questions propounded by 
counsel, and it was still more erroneous to read to the witnesses only a part 
of plaintiff's testimony and permit them to base their opinions upon what 
they heard read. 

(Colo.) Fairbanks, Morse & Co. v. Weeber (1900), 15 Colo. App. 268, 
62 Pac. 368. 

It is not error to refuse to permit the stenographic notes to go to the 
Jury in response to a request therefor to enable a juror to convince the 
other jurors as to the testimony, and not to aid his own memory. Rev., 
1911, Arts. 1963 and 1964, does not provide for the reading of stenographic 
notes to a jury disagreeing as to the evidence of a witness, and in the 
absence of any other statute on the subject it is not error to refuse to order 
the reading of the stenographic notes to the jury. 

(Tex.) San Antonio Tract. Co. v. Badgett (1913), 158 S. W. (Tex. 
Civ. App.) 803. 

Upon objection being made, the court should not permit, in the argu- 
ment to the jury, the reading from a stenographic report of the testimony, 
nor from any memorandum or report made of it during the trial; but if 

280 



NOTES AS EVIDENCE 9C 

counsel has read from a memorandum purporting to contain a statement 
made by a witness, opposing counsel, for the purpose of contradiction, may 
read from the stenographic report of the testimony of such witness. 
(111.) Heide v. Schubert (1912), 166 111. App. 586. 

It was correct for the court to refuse to allow the stenographer's notes 
to be read to the jury for the purpose of refreshing their recollection. 
(111.) Westgate v. Aschenbrenner (1890), 39 111. App. 263. 

It is within the discretion of the trial court to refuse to allow counsel 
to read from a transcript of the notes of the stenographer. 

(111.) Baker v. 111. Cent. R. Co. (1912), 161 111. App. 521. 
(Ind.) Chicago, I. c& L,. Ry. Co. v. Gorman (1914), 106 N. E. (Ind. 
App.) 897. 

The trial court may, in its discretion, deny the right of counsel for either 
party to read extracts from the testimony of a witness when arguing the 
case to the jury, or deny a request to have the stenographer read extracts 
from his shorthand notes. 

(Wash.) Smith v. Northern Pac. Ry. Co. (1914), 79 Wash. 448, 140 
Pac. 685. 

It is reversible error for the jury, even by accident and wholly without 
fault of themselves, or of the parties or their attorneys, to take out and use 
during their deliberations, the stenographic report of the testimony of one 
of the parties of a most material character delivered before them orally, 
not having any such report of the testimony of the other party or of any 
other witness. 

(Tenn.) Chrisman v. McMurray (1901), 107 Tenn. 469, 64 S. W. 711. 

Detached portions of the testimony of a witness on a former trial may 
be used on the second trial in examining said witness as to his former 
testimony, without necessitating the reading of the whole of his testimony. 
(Mich.) Toohey v. Plummer (1888), 69 Mich. 345, 37 N. W. 297. 

Where a court stenographer has testified to questions propounded to a 
witness upon a former trial, and answers thereto, and for the purpose of 
answering such questions has been permitted to use his shorthand notes of 
the testimony at the former trial, and upon cross examination is asked to 
read from his shorthand notes all of the testimony given by such witnesses 
at such former trial, it is not error to sustain an objection to such question. 
(Okla.) Plohr v. Territory (1904), 14 Okla. 477, 78 Pac. 565. 

Although a stenographer's notes are first introduced in evidence for 
another purpose, they may be read to a witness for the purpose of refreshing 
his recollection. 

(Mich.) Pickard v. Bryant (1892), 92 Mich. 430, 62 N. W. 788. 



9D Receivable Only upon Showing Impossibility of Procuring Attendance of 
Witness. 

Under the Iowa statute as it existed prior to 1898 a transcript was not 
admissible without first showing a reason for not producing the witness. A 
transcript is only receivable under the same circumstances as a deposition 
would be. 

(Iowa) Baldwin v. St. L. &c. R. Co. (1885), 68 Iowa 37, 25 N. W. 
918; Fleming v. Town of Shenandoah (1887), 71 Iowa 456, 32 N. W. 456. 

Stenographic notes of a former trial cannot be Introduced without hav- 
ing exhausted the best sources of information reasonably to learn whether 

281 



9D SHOBTHAiro BEPOBTBES 

the witness himself cannot be found. So held where the witness' wife was 
not questioned as to his whereabouts. 

(Mich.) Mawich v. Elsey (1881), 47 Mich. 10, 10 N. W. 57. 

The testimony of a party that he does not know the whereabouts of a 
desired witness, without showing any effort to ascertain it, or to procure his 
testimony, is insufficient as a basis for the introduction of the testimony of 
such witness in a former case as secondary evidence. On both principle 
and authority, in a court of chancery as in a court of law, testimony given 
on a former trial is regarded as secondary evidence, and is incompetent 
unless a foundation for its admission is laid. 

(U. S.) Dover v. Greenwood (1910), 177 Fed. (C. C. — R. I.) 946. 

Testimony of a witness on a former trial held not admissible Where he 
was a resident of an adjoining county, the word "inaccessible" in the statute 
meaning beyond the limits of the state. 

(Ga.) Brinson Ry. Co. v. Beard (1912), 11 Ga. App. 737, 76 S. E. 76. 

The testimony of witnesses at a former trial, who were dead or absent 
from the state at the subsequent trial, may be read to the jury. 

(Ky.) Yocum's Admx. v. C. N. O. & T. P. Ry. Co. (1911), 143 Ky. 700, 
137 S. W. 217. 

A transcript of evidence taken on a former trial is competent to show 
what witnesses testified on that trial; when they are not within the juris- 
diction of the court on the subsequent trial, and the official reporter who 
reported the case has certified that said transcript is full, true and correct. 
(Ala.) Ala. Western R. R. Co. v. Downey (1912), 177 Ala. 612, 58 
So. 918. 

Evidence taken in one trial is not admissible in another unless the 
witness whose evidence is offered is dead or insane, or beyond the seas, or 
the court is satisfied that the witness has been kept away by the contrivance 
of the opposite party. 

(S. C.) McCall V. Alexander (1909), 84 S. C. 187, 65 S. E. 1021. 

To entitle a party to reproduce the testimony of a witness given on a 
former trial, he must show that by reasonable diligence he has been unable 
to secure the attendance of the witness. 

(Neb.) Vandewege v. Peter (1909), 83 Neb. 140, 119 N. W. 226. 

Where the sheriff's return of a subpoena stated that after diligent 
search he was unable to find the witness in the county, and the sheriff 
testified that the witness' wife informed him that he was not within the 
state, the witness' evidence given at a former trial was admissible. 
(Neb.) Pike v. Hauptman (1909), 83 Neb. 172, 119 N. W. 231. 

The stenographer's notes are only admissible in the case of an absent 
witness, and cannot be allowed to impeach a present witness. 
(Ohio) Penn. Co. v. Trainer (1896), 12 Ohio C. C. 66. 

Where a witness has testified on a former trial of the case, and his 
testimony has been reduced to writing in open court by the stenographic 
reporter, and the witness is absent from the state, such testimony, if other- 
wise competent, is admissible in evidence; and an objection that "no suffi- 
cient cause has been shown for the reading of the testimony" is not an 
objection to the mode to certifying the same, and is properly overruled. 

(Neb.) City of Omaha v. Jensen (1892), 36 Neb. 68, 52 N. W. 833. 

Where on the trial in the superior court there was evidence that a con- 
siderable search for a witness had been made in and about places he had 
formerly frequented and he had not been found, it was sufficient to warrant 

282 



NOTES AS EVIDENCE 9D 

the admission of the transcript of his testimony taken at the preliminary 
examination in the police court. 

(Cal.) People v. Melandrez (1906), 4 Cal. App. 396, 86 Pac. 372. 

The transcript of the testimony of a witness taken at the preliminary 
examination may he read In evidence at the trial where such witness is 
shown to he absent from the state; but such transcript Is only prima facie 
correct, and it may be shown at the trial that other and different testimony 
was given by the witness. 

(Cal.) People v. Pembroke (1907), 6 Cal. App. 588, 92 Pac. 668. 

Where it is shown that a former witness has absconded and that his 
whereabouts are unknown, the stenographer who reported his testimony 
may testify from his notes what the testimony of such witness was. 

(Ind.) Iowa Life Ins. Co. v. Haughton (1910), 46 Ind. App. 467, 87 
N. E. 702. 

On a trial for a felony a stenographer who testifies to having correctly 
made and transcribed shorthand notes of the evidence given at the pre- 
liminary examination in the presence of the defendant by a witness whose 
attendance cannot be procured, may read such transcript to the jury, as a 
witness for the state, so far as the subject matter is competent. 
(Kan.) state v. Gentry (1912), 86 Kan. 534, 121 Pac. 352. 

Where a witness is a non-resident of the state and absent at the time 
of the trial, his testimony at a former trial of the case may be proved. 

(Ind.) Reichers v. Dammeler (1910), 45 Ind. App. 208, 90 N. B. 644. 

Where a person who attended the trial before the examining court and 
took down in writing the testimony of a witness, testified from the writing 
and from his recollection, that it was a correct statement of the testimony 
of the witness, it was proper to permit him to read the testimony of the 
witness, who was absent and beyond the jurisdiction of the court. 
(Ark.) Petty v. State (1905), 76 Ark. 515, 89 S. W. 465. 

The testimony of a witness taken down at the preliminary trial by a 
stenographer and identified as the testimony of the witness by the stenog- 
rapher may be read on the trial, where the witness is beyond the jurisdic- 
tion of the court at the time. 

(Ala.) Francis v. State (1914), 65 So. 969. 

That a witness was a non-resident and absent from the state at the 
time of trial is sufficient under Comp. Laws, 1907, § 4513-4, to authorize to 
be used at the trial his testimony taken at the former trial in the presence 
of and with opportunity to defendant to cross examine. 

(Utah) state v. Vance (1910), 38 Utah 1, 110 Pac. 434. 

When it appears that a witness sworn on a former trial was out of the 
state at the second trial, and could not be reached by subpoena, such testi- 
mony, when correctly transcribed, may be read in evidence on the subse- 
quent trial under § 3475, R. S. 1898. 

(Utah) Reese v. Morgan (1898), 17 Utah 489, 54 Pac. 759. 

The testimony of a witness given at a former trial between the same 
parties involving the same subject matter, with the opportunity for cross- 
examination, taken down by the oflioial stenographer and preserved by a 
bill of exceptions on appeal is admissible, if otherwise unobjectionable, in a 
second trial of the same cause, where the witness resides in another state 
and is not present at the second trial. 

(Okla.) A. T. & S. P. Ry. Co. v. Baker (1913), 37 Okla. 48, 130 Pac. 
577. 

283 



9D SHOETHAND EEP0ETEE8 

The testimony of a witness on a former trial whose whereabouts are 
unknown on the second trial, and diligent search has been made to locate 
him, is admissible. 

(Tex.) Boyd v. St. L. S. "W. Ey. Co. (1908), 101 Tex. 411, 108 S. W. 
813. 

Where it is shown that a witness has been absent nearly three years 
and no person seems to know where he is, sufficient predicate is laid for the 
admission in evidence of his testimony on a former trial. 

(Tex.) St. L. S. W. Ry. Co. v. Boyd (1909), 56 Tex. Civ. App. 282, 
119 S. W. 1154. 

It was error to permit the testimony of a witness at a previous trial to 
be introduced in evidence under Civ. Code, 1895, § 5186, without preliminary 
proof that the witness was "deceased, or disqualified or inaccessible." 
(Ga.) Williams v. "Wolff (1908), 3 Ga. App. 737, 60 S. W. 357. 

Where a witness who testified on a prior trial of a murder case cannot 
be found in the county at the subsequent trial, his testimony on the prior 
trial is admissible. 

(Okla.) Henry v. State (1913), 10 Okla. Cr. App. 369, 136 Pao. 982. 

On a second trial, where a witness at the first trial was absent, and his 
testimony in a brief of evidence had been agreed upon and was offered in 
evidence, and it was shown that the witness at the first trial was located 
about ten days before the trial and was telegraphed to, and that he tele- 
graphed that he was in another state and could not be present, it made a 
prima facie case of inaccessibility, authorizing admission of his former tes- 
timony. 

(Ga.) Georgia, F. & A. Ry. Co. v. Bittick & Maya (1914), 142 Ga. 
191, 82 S. E. 548. 

Under L. O. L., §§ 727, 1533, and Const, art. 1, § 11, testimony of wit- 
nesses out of the state, given in a former trial for larceny, is admissible, so 
far as relevant, against the same defendant in an action for polygamy. 
(Or.) State v. Von Klein (1914), 71 Or. 159, 142 Pao. 549. 

Where a witness is absent from the state, his testimony, given at a 
former trial of the same cause between the same parties is admissible, if 
otherwise unobjectionable. 

(Neb.) Jerich v. Union Pao. R. Co. (1915), 97 Neb. 767, 151 N. "W. 
310. 

Under Comp. Laws 1907, §§ 4670, 4685x1, transcript of testimony of phy- 
sician on preliminary examination for homicide held, admissible, the wit- 
ness being out of the state and due diligence to subpoena him having been 
shown. 

(Utah) State v. Hlllstrom (1915), 150 Pac. 935. 

The state may introduce in evidence stenographic notes of the testimony 
of a witness given at a former trial, where such witness is without the state 
and not available. 

(Colo.) Henwood v. People (1914), 57 Colo. 544, 143 Pac. 373. 

Testimony of a witness in a criminal case may be proved on a sub- 
sequent trial, where it is shown that the witness is dead or insane, or is 
beyond the jurisdiction of the state. 

(Ala.) Brown v. State (1914), 11 Ala. App. 321, 66 So. 829. 

In a prosecution for manslaughter, where the sheriff showed due dil- 
igence to serve process on a witness, and that the witness could not be 
found within the state, testimony of such witness, on a former trial was 
admissible. 

(Cal.) People v. "Wilson (1915), 146 Pac. (Cal. App.) 1048. 

284 



NOTES AS EVIDENCE 9D 

Where a witness who testified at former trials was living and could 
have been summoned, the transcript of the evidence given by him at such 
trials was properly excluded. 

(Mass.) Chandler v. Prince (1915), 109 N. E. 374. 

The rule, in civil cases, that the evidence of a witness examined on a 
former trial may be Introduced on a second trial on the same point in issue, 
does not extend to the evidence of a witness whose only excuse for not 
testifying was that he was too unwell. 

(S. C.) state v. Rogers (1915), 85 S. E. 636. 

9E Admissible Tiiough Stenographer Has No Independent Recollection. 

A witness who has testified at a former trial on the same subject mat- 
ter may be impeached by allowing the stenographer who had taken notes 
at the time of the former trial to read his notes after showing that they 
were correct, and that aside from them he had no recollection of what the 
witness had said. 

(Wash.)' Klepsch v. Donald (1894), 8 Wash. 162, 35 Pac. 621. 

An ofllcial stenographic reporter is the officer who should take down 
the testimony, and his report testified to by him to be correct, although he 
does not remember the testimony, is competent evidence in another case of 
what the witness swore to in the case in which he made the report. The 
state may read a part of the evidence, and if so, the defendant may read 
the balance. 

(Ga.) Burnett v. State (1890), 87 Ga. 622, 13 S. E. 552. 

An official court stenographer who took the notes of a witness before 
the grand jury may, as impeaching such witness, read his notes in evidence 
to the jury, if he remembers and can testify that at the time it was cor- 
rectly taken, and that the notes contain all the evidence of the witness on 
the question at variance, although at the time he Is called to testify he has 
no Independent recollection of the testimony. 

(Ohio) Baum v. State (1904), 27 Ohio C. C. 569. 

Where a stenographic reporter who took defendant's testimony on a 
prior proceeding identified the transcript as having been made by him, and 
testified as to it being a correct transcript, it Is admissible, though he had 
no independent recollection thereof and an inspection did not refresh his 
memory. 

(U. S.) Lueders v. United States (1914), 210 Fed. (C. C. A.) 419. 

Under Rev. Codes, § 8020, authorizing a witness to refresh his recollec- 
tion by anything written by himself, a stenographer reporting the testimony 
on the trial of a case and making a transcript thereof, may use the tran- 
script to refresh his memory, or testify from it where he has no independent 
recollection. 

(Mont.) O'Rourke v. Grand Opera House Co. (1914), 47 Mont. 459, 
133 Pac. 965. 

Where a stenographer asked whether a certain section of the code had 
been read to defendant at the preliminary examination said that he could 
not tell without examining his notes, and the record was long, he was prop- 
erly allowed to refresh his recollection by the use of his notes or a verified 
transcript thereof. 

(Cal.) People v. Warr (1914), 136 Pac. (Cal. App.) 304. 

A court reporter was properly permitted to testify from a copy of notes 
taken by him at a former trial of the case, where he stated that the notes 

286 



9E SHOETHAND EEPOETBKS 

were a correct transcription of the evidence, although he had no independ- 
ent recollection thereof. 

(Tex.) Smith v. State (1910), 60 Tex. Grim. Rep. 293, 131 S. W. 1081. 

A shorthand report of the testimony of defendant as a witness before 
the grand jury was properly admitted as evidence at the trial for the pur- 
pose of impeaching defendant, where the stenographer who took down the 
evidence testified, before reading the same, that it was a true and complete 
report thereof, although he testified that he had no recollection of defend- 
ant's testimony independent of the shorthand copy thereof. 

(Ind.) Higgins v. State (1901), 157 Ind. 57, 60 N. E. 685. 

Where the stenographer who took the testimony on a former trial was 
sworn for the purpose of impeaching witnesses, but could not recollect what 
their testimony on the former trial was, but was willing to swear that he 
took the testimony correctly, and that his notes showed correctly what the 
witnesses testified, it was error to exclude the stenographic notes in con- 
tradiction of the witnesses. 

(Tex.) Strlngfellow v. State (1901), 42 Tex. Grim. Rep. 588, 61 
S. W. 719. 

The rule of evidence requiring that the best evidence shall be produced 
Is not violated by allowing the ofiBclal stenographer to read from his notes 
the testimony of a witness in a former trial taken and recorded by him at 
the time and sworn to by him as correct, although he has no independent 
recollection of such testimony and cannot refresh his memory from such 
notes. 

(Okla.) Cutter v. Territory (1899), 8 Okla. 101, 56 Pac. 861. 

9F Evidence to Contradict Notes Admissible. 

Although an official stenographer's transcript is prima facie correct 
when he testifies to its accuracy, yet it may be shown by evidence aliunde 
to be incorrect. 

(Gal.) Reld v. Reid (1887), 73 Gal. 206, 14 Pac. 781; People v. Pem- 
broke (1907), 6 Gal. App. 588, 92 Pac. 668. 

The introduction in evidence of an official stenographer's notes at a 
subsequent trial, does not prevent the introduction of the testimony of 
an intelligent bystander upon the matters covered by the notes. 

(S. G.) Brlce v. Miller (1891), 35 S. C. 537, 15 S. E. 272. 

The written notes of a stenographer are not as a matter of law the 
best evidence of what was testified to at a former trial, in such sense as 
to exclude other testimony. 

(S. C.) Brice v. Miller (1891), 35 S. C. 537, 15 S. E. 272. 

A transcript of the reporter's notes is not the only evidence admissible 
as to the testimony on a former trial. A person who was present and heard 
the former testimony and remembered it may testify as to what it was. 
(Iowa) State v. Mushrush (1896), 97 Iowa 444, 66 N. W. 746. 

To impeach a witness by proving his testimony at a former trial, other 
people who heard the testimony may be called, as well as the stenographer 
■who took the evidence. 

(Me.) State v. McDonald (1876), 65 Maine 466. 

The shorthand notes of an official stenographer are not, in the absence 
of statute, conclusive evidence of the testimony in a preceding trial; and 
where a witness in a previous trial died before a second trial, it was error 
to exclude the testimony of a competent witness to prove the testimony of 

286 



NOTES AS EVIDKNCE 9F 

Buoh deceased witness given at a previous trial of the same cause and be- 
tween the same parties. 

(Ind.) Studabaker v. Faylor (1908), 170 Ind. 498, 83 N. E. 743. 
(Neb.) German Natl. Bank v. Leonard (1894), 40 Neb. 676, 59 
N. W. 107. 

Ky. Stat., i§ 4637-4645, authorizing the appointment of an official steno- 
graphic reporter who shall take stenographic notes of the testimony and 
make a transcript of the same to be used in a bill of exceptions, and pro- 
viding that in a criminal case the testimony taken by the reporter shall be 
used on a subseciuent trial only on the consent of the accused, do not change 
the method of proving the testimony of a deceased witness by bystanders 
who heard and remember the testimony of the deceased witness, and do 
not make the reporter's notes the best evidence. 

(Ky.) Austin v. Commonwealth (1906), 30 Ky. Law Rep. 295, 98 
S. W. 295. 

The Statute providing that a reporter's notes, or a transcript thereof, 
shall be admissible as a deposition for the purpose of proving the testimony 
of a witness on a former trial, does not exclude the evidence of one who 
heard and remembered such testimony on the ground that the reporter's 
record is the best evidence. 

(Iowa) State v. Dean (1910), 148 Iowa 566, 126 N. W. 692; State v. 
Kimes (1911), 152 Iowa 240, 132 N. W. 180. 

The court stenographer's notes of the testimony at a former trial, 
though transcribed and shown to be correct, would not be superior to the 
real evidence of a witness. 

(Tex.) Harris v. State (1913), 71 Tex. Cr. Rep. 463, 160 S. W. 447. 

9G Notes as Best Evidence. 

The court stenographer's notes are the best evidence of what a witness 
testified to at a former trial. 

(Mo.) Turner v. S. W. Mo. R. Co. (1909), 138 Mo. App. 143, 120 
S. W. 128. 

The best evidence of the testimony of a witness since deceased, given at 
a former trial, is the notes of the court stenographer, when properly 
vouched for by his testimony. 

(Mo.) Showen v. Metropolitan St. Ry. Co. (1912), 164 Mo. App. 41, 
148 S. W. 135. 

The court may supply the contents of lost records by observing the best 
evidence rule, and the notes of a stenographer who took the deposition of a 
witness, now dead, is the best evidence of a deposition which was duly filed 
in the case and was since lost. 

(Mo.) Crandall v. Greaves (1914), 181 Mo. App. 235, 168 S. "W. 264. 

The notes of the stenographer, who is a sworn officer of the court, are 
presumed to be correct until shown otherwise. 

(Mont.) Freezer v. Sweeney (1889), 8 Mont. 508, 21 Pao. 20. 

Where there is any doubt as to the exact testimony of a witness, the 
stenographic notes furnish the best proof of what the witness really did 
testify. 

(P. R.) People V. Santiago (1910), 16 Porto Rico 446. 

A reporter's transcript is presumed to be correct until questioned and 
the contrary made to appear. 

(111.) C. M. & St. P. Ry. Co. V. Walsh (1894), 150 111. 607, 37 N. E. 
1001; Sullivan v. Eddy (1894), 154 111. 199, 40 N. E. 482. 

Neither the certificate of the reporter's notes as made by the trial judge 
and reporter, nor its date as appears therefrom, nor the date at which the 

287 



9G SHOBTHAND REPOETEES 

notes are filed with the clerk as shown hy the filing, can he impeached by- 
affidavits filed in the appellate court. 

(Iowa) In re Bruning's Estate (1903), 122 Iowa 8, 96 N. W. 780. 

A motion of appellee to withdraw the bill of exceptions for the purpose 
of correction in the court below will be denied, where it was alleged by ap- 
pellee that, in carrying out an agreement as to a portion of the law to be 
copied into the transcript, the stenographer copied parts of the law not read 
by the witness, and the correctness of this is not admitted by appellant; and 
the affidavit of the trial judge filed in support of the motion shows that he 
has no independent recollection of what was read, and neither has the 
stenographer. 

(Ky.) Nicholson Coal Mining Co. v. Moulden (1910), 138 Ky. 626, 
128 S. W. 1061. 

The Stenographer's transcript is prima facie correct; but this is true 
only in the trial court, and will not be so considered in the appellate court in 
the absence of an authentication of the record by the judge who tried the 
case. 

(Cal.) People v. Woods (1872), 43 Cal. 176; People v. Armstrong 
(1873), 44 Cal. 326. 

Inasmuch as an official stenographer is an officer