2009 Louisiana Laws TITLE 13 Courts and judicial procedure :: RS 13:983 Court reporters for the forty-first judicial district court

§983.  Court reporters for the Forty-First Judicial District Court

A.(1)  Each judge of the Forty-First Judicial District may appoint no more than two court reporters for his division, which reporters shall hold office until it is declared vacated by the judge making such appointment.

(2)  The judges of the Forty-First Judicial District, sitting en banc and with approval of the governing authority of the parish, may appoint additional qualified court reporters as they deem necessary, who shall serve at the pleasure of the court en banc and may be assigned to the various divisions of the court, or to the grand jury, as the court en banc may direct.

B.  Each court reporter appointed under the provisions of this Section shall be required to take an oath of office and furnish bond for the faithful performance of the duties of the office.  The bond shall be in favor of the judges of the Forty-First Judicial District Court for the purpose of protecting litigants against any acts of incompetence or neglect of duty by the court reporter.  The bond shall be recorded and filed in the office of the clerk of court.  Any party litigant shall have the right to sue on said bond for any damages sustained through any wrongful act or neglect of duty by the court reporter in the performance of his duties as official court reporter.

C.  The court reporters shall report in shorthand, stenotype, by recording machine, or in any recognized manner, and transcribe into longhand by typing or printing all the testimony taken in all civil appealable cases and shall furnish for the purposes of appeal the necessary copies of the testimony required by law.

D.  The court reporters shall work concurrently under the direction and supervision of the judges appointing them, according to the needs of the judicial district, in the interest of expediting the business before the court.

E.  Each court reporter shall perform secretarial duties for the district judge appointing the reporter, particularly in the absence of the judge's regular secretary.

F.  The court reporters shall receive a monthly salary to be fixed and determined by the judges of the Forty-First Judicial District sitting en banc, upon approval of the governing authority of the parish.  The salaries shall be paid out of the general fund of the parish.  The governing authority for the parish shall budget the salaries in its budget of annual expenses.  Upon approval by the court, a portion thereof may be paid out of the Consolidated Expense Fund for the Forty-First Judicial District.

G.(1)(a)  In all civil cases, a fee of one dollar and fifty cents per original page of transcript, fifty cents per page for additional pages of original transcript for the first copy, and thirty-five cents per page for additional copies reported and transcribed beyond the first copy shall be charged by and paid to the court reporter for reports and for transcribing the testimony which shall be retained by him as compensation in addition to the salary as provided herein, and shall be taxed as costs of the suit in which the testimony is taken to be collected by the clerk of court, except in pauper cases.

(b)  Payment of the fees shall be made primarily by the appellant immediately upon the transcription of the evidence, and the court reporter shall not be required to file the transcript with the clerk of court before payment.

(2)  Should the appellant fail or refuse to make such payment, the appellee or any other party to the suit may make the same and have it assessed as costs.

(3)  Even though counsel may attempt to procure a transcript of the entire record by alleging that the entire record is necessary to support a motion for a new trial, the trial judge shall not order the entire transcript to be typed unless he deems it indispensable to the record of the motion or proceedings.

H.(1)(a)  In all pauper cases under Code of Civil Procedure Article 5181 et seq., the governing authority for the parish shall pay to the court reporter for the transcribing of testimony, when an appeal is taken or upon order of the judge, one-half of the amount as would otherwise be required to be paid by the party who is proceeding in forma pauperis.

(b)  Such amount shall be paid at the time the transcription is filed, but only upon the written approval and order of the judge.

(c)  Such payments by the parish shall not exceed the sum of twenty-five hundred dollars for any one year.

(2)  The governing authority of the parish, upon making payment to any court reporter pursuant to this Section shall be legally subrogated to the rights of the court reporter as to all sums so paid for the transcription of testimony in pauper cases.

(3)  All judgments in cases in which the pauper shall be cast for costs, together with the statement of such costs, shall be recorded by the clerk of court in the mortgage records of the parish and such judgments when so recorded shall operate as judicial mortgages in favor of the parish governing authority.

I.(1)  The court reporters shall record such criminal proceedings as may be required by law or as ordered by the court.

(2)(a)  No fee shall be charged for taking evidence on assignments of error, motions, or other pleadings in criminal cases, unless approved by the presiding judge.

(b)  When so approved, any such payment may be made from the Consolidated Expense Fund for the Forty-First Judicial District when the defendant is indigent and judges sitting en banc have approved the payment.

(c)  In such cases, however, only properly designated portions of the record shall be transcribed.

J.  The court reporters shall be provided with any office supplies necessary for the reporting and transcription of any notes of evidence taken by the court reporters.  Each court reporter shall be responsible for all traveling expenses and other expenses incurred in the discharge of his duties.

K.  In criminal cases, the notes shall be maintained indefinitely and shall be returned to the appropriate court upon termination of employment.  In other matters, the court reporters shall file and maintain their notes for a period of one year after judgment has become final.

L.  The clerk of court shall collect from every person filing any civil suit or proceeding, and who is not otherwise exempted by law from the payment of court costs, a sum to be determined by the judges of the district, sitting en banc.  The judges sitting en banc shall have the power to fix costs and charges to be paid for official services, and due publication of such costs and charges when fixed shall be given.

Acts 2006, No. 621, §2, eff. Jan. 1, 2009; Acts 2008, No. 868, §2, eff. Jan. 1, 2009.