MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
AN ACT TO AMEND SECTION 9-13-25, MISSISSIPPI CODE OF 1972, TO REQUIRE A COURT REPORTER IN CERTAIN CIRCUMSTANCES TO PROVIDE A TRANSCRIPT OF THE PROCEEDING, HEARING OR TRIAL UPON THE REQUEST OF THE COURT OR JUDICIAL HEARING OFFICER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-13-25, Mississippi Code of 1972, is amended as follows:
9-13-25. (1) The
court reporter shall attend each session of the court of the district for which * * * the court reporter was appointed,
from day to day, and unless the same be waived, shall take, under the control
of the judge or chancellor full and complete notes, stenographically (and may
use recording machines in aid thereof) of all the oral evidence and other oral
proceedings, except arguments of counsel, in each case, civil and criminal,
tried therein upon an issue of facts and, in any other matter or in any other
case that the judge or chancellor may especially direct. * * * The court reporter shall carefully
note the order in which the evidence, both oral and written, is introduced, and
by whom it is introduced, giving the name of each witness, and identifying each
deposition, exhibit made, or other item of evidence or matter of proceedings by
words or figures of description, and * * * the court reporter shall carefully
note oral motions and all objections of counsel and rulings of the court made
during the trial, in the order in which the same shall occur. And, upon
request of any party, * * * the court reporter shall, within the time required by the
Mississippi Supreme Court Rules, or from the time of the demand, if made after
the trial, neatly write out in typewriting a complete copy of his stenographic
notes as taken therein or * * * he the court reporter shall neatly write out in
typewriting a complete copy of all matters recorded on the recording machine
with a caption showing the style of the case, its number, the court in which it
was tried, and when tried, and shall affix thereto a suitable index, and shall
certify, sign, and file the same in the office of the clerk of the court in
which the case was tried; and he shall preserve his stenographic notes or his
tape or record made by said recording machine in each case in which an appeal is
taken, as a record of his office. If a party demand the writing out of the
court reporter's notes for any other than the bona fide purpose of perfecting
an appeal, he shall pay the court reporter in advance Twenty-five Cents (25˘)
per hundred words for the same, but such work shall not delay the preparation
of records for appeals. The court reporter shall serve in all habeas corpus
and other matters which are heard in vacation, by agreement or otherwise, in
the county of residence of the judge or chancellor. The court is authorized to
purchase recording machines for the use of the court reporter, the cost of
which shall be allocated to each county in the district according to the weeks
of court held in each county. Any recording machine purchased for this purpose
shall be of such quality as to accurately take and preserve all notes and
records herein required to be made and preserved.
(2) In any proceeding, hearing or trial before a state court, state board or state agency where the state bears the cost of the court reporter, the court reporter shall provide a transcript of the proceeding, hearing or trial upon the request of the court or judicial hearing officer.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.