Oklahoma § 20-106.4 - Duties of reporter - Methods – Unavailability of

§ 20-106.4. Duties of reporter - Methods – Unavailability of

reporter - Transcripts.

A. 1. The court reporter shall make a full reporting by means

of stenographic hand, steno-mask or machine notes, or a combination

thereof, of all proceedings, including the statements of counsel and

the court and the evidence, in trials and other judicial proceedings

to which the court reporter is assigned by the appointing judge

unless excused by the judge who is trying the case with the consent

of the parties to the action. Nothing herein contained shall be

construed to authorize the certification of persons as certified

shorthand reporters who rely exclusively upon the steno-mask for

reporting judicial proceedings, except as provided by law. A

refusal of the court to permit or to require any statement to be

taken down by the court reporter or transcribed after being taken

down, upon the same being shown by affidavit or other direct and

competent evidence, to the Supreme Court, or other appellate court,

shall constitute a denial of due process of law. The court reporter

may use an electronic instrument as a supplementary device.

2. In any trial, hearing or proceedings, if no court reporter

is available to the assigned judge:

a.

the judge before whom the matter is being heard may

order the proceedings electronically recorded and a

trial or proceedings may proceed without the necessity

of a court reporter being present. Provided that if

an official transcript is ordered then it shall be

prepared by the official court reporter, or

b.

with approval of the judge, the parties may stipulate

to the use of a freelance reporter and share the cost.

If ordered, the transcript shall be prepared by the

approved reporter and shall be considered the official

transcript for all purposes.

B. Upon request of either party in a civil or criminal case,

the reporter shall transcribe the proceedings in a trial or other

judicial proceeding, or so much thereof as may be requested by the

party, certify to the correctness of the transcript, and deliver the

same in accordance with the rules of the Supreme Court. The fee for

an original transcript shall be set by the Supreme Court. Two

copies of the original transcript shall be furnished without

additional charge. Each page shall be at least twenty-five lines to

the page and typed no fewer than nine characters to the typed inch.

Each page shall be no more than double spaced and the margin on the

left side of the page shall be no more than one and one-half (1 1/2)

inches and the margin on the right side of the page shall be no more

than one-half (1/2) inch from the edge of the paper. The format for

all transcripts shall be prescribed by the Supreme Court. The fees

for making the transcript shall be paid in the first instance by the

Oklahoma Statutes - Title 20. Courts

party requesting the transcript and shall be taxed as costs in the

suit.

When the judge on his or her own motion orders a transcript of

the reporter’s notes, the judge may direct the payment of charges

and the taxation of the charges as costs in such manner as the court

deems appropriate. In a criminal action, if the defendant shall

present to the judge an affidavit that the defendant intends in good

faith to take an appeal in the case and that a transcript of the

reporter’s notes is necessary to enable the defendant to prosecute

the appeal, and that he or she has not the means to pay for the

transcript, the court, upon finding that there is reasonable basis

for the averment, shall order the transcript made at the expense of

the district court fund. The format preparation, delivery and

filing of transcripts to be used in civil and criminal appeals may

be regulated by the Supreme Court.

C. The court reporter shall file his or her records of the

evidence and the proceedings taken in any case with the clerk of the

court in which the case was tried.

D. To the extent that it does not substantially interfere with

the court reporter’s other official duties, the judge by whom a

reporter is employed or to whom he or she is assigned may assign a

reporter to secretarial or clerical duties arising out of official

court operations.

Added by Laws 1968, c. 262, § 4, eff. Jan. 13, 1969. Amended by

Laws 1970, c. 222, § 3, eff. April 13, 1970; Laws 1972, c. 130, § 2,

emerg. eff. April 7, 1972; Laws 1978, c. 228, § 2, eff. July 1,

1978; Laws 1980, c. 290, § 5, eff. Oct. 1, 1980; Laws 1989, c. 39, §

1, eff. Nov. 1, 1989; Laws 2002, c. 73, § 1, eff. Nov. 1, 2002; Laws

2007, c. 84, § 2, eff. Nov. 1, 2007; Laws 2023, c. 100, § 1, eff.

Nov. 1, 2023.

§20-106.4a. Transcripts - Access to copies - Costs.

A transcript of the court reporter's notes, upon request and for

the use of an indigent defendant or a district attorney, may not be

charged to the court fund unless, before its preparation, the cost

to be incurred was authorized by written judicial order.

When a judge authorizes or orders a transcript of the court

reporter's notes of any proceeding to be prepared at the expense of

the court fund, or where a prosecuting attorney orders such a

transcript at public or court fund expense and the accused as an

indigent is constitutionally entitled to a free copy of the

transcript, a reporter shall prepare an original and two copies of

the transcript so ordered and file it with the clerk of the trial

court. The court reporter shall immediately notify the district

attorney and the defendant of the date the transcript was filed. The

district attorney and the defendant shall have access to the copies

of the transcript on such terms as the trial court may impose. The

Oklahoma Statutes - Title 20. Courts

chief judge may prescribe rules for access to or disposition of the

copies of the transcript.

Added by Laws 1976, c. 269, § 5, emerg. eff. June 15, 1976. Amended

by Laws 1985, c. 112, § 2, eff. Nov. 1, 1985.