2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 5 - Judicial Districts
Part 1 - Judges - Terms
§ 13-5-127. Duties of Reporters

The shorthand reporter, on the direction of the court, shall take down in shorthand all the testimony, rulings of the court, exceptions taken, oral instructions given, and other proceedings had during the trial of any cause, and in such causes as the court may designate.

History. Source: L. 67: P. 454, § 8. C.R.S. 1963: § 37-12-32 .

Annotator's note. Since § 13-5-127 is similar to repealed laws antecedent to CSA, C. 46, § 91, a relevant case construing those provisions has been included in the annotations to this section.

From whom a defendant can obtain the testimony for his bill of exceptions. The defendant had the right to assume that he would obtain the testimony from the stenographer for his bill of exceptions. He was not called upon to make any other arrangements nor to anticipate that he would be called upon to procure that testimony from any other source, nor compelled to depend upon the uncertain memory of those present as to what the testimony was. King v. People, 54 Colo. 122 , 129 P. 235 (1912)(special concurring opinion by J. Musser).

It has been the invariable custom for district judges to appoint stenographers for their respective districts to appear at every criminal trial, and under the court's direction, take down the testimony and other matters, and when a defendant wanted a bill of exceptions, containing all of the testimony in a case, if desired, it has been the custom invariably to obtain it from the stenographer. King v. People, 54 Colo. 122 , 129 P. 235 (1912)(special concurring opinion by J. Musser).

Court of record has an affirmative duty to contemporaneously record all proceedings. Reconstruction of the record at a later time is not an adequate substitute for a contemporaneous record. Jones v. District Court, 780 P.2d 526 (Colo. 1989).