2006 Code of Virginia § 19.2-165 - Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; ...

19.2-165. Recording evidence and incidents of trial in felony cases; costof recording; cost of transcripts; certified transcript deemed prima faciecorrect; request for copy of transcript.

In all felony cases, the court or judge trying the case shall by orderentered of record provide for the recording verbatim of the evidence andincidents of trial either by a court reporter or by mechanical or electronicdevices approved by the court. The expense of reporting or recording thetrial of criminal cases shall be paid by the Commonwealth out of theappropriation for criminal charges, upon approval of the trial judge.However, if the defendant is convicted, the Commonwealth shall be entitled toreceive the amount allocated to the court reporter fund under the fixedfelony fee. Localities that maintain mechanical or electronic devices forthis purpose shall be entitled to retain their reasonable expensesattributable to the cost of operating and maintaining such equipment.

In all felony cases where it appears to the court from the affidavit of thedefendant and other evidence that the defendant intends to seek an appeal andis financially unable to pay such costs or to bear the expense of a copy ofthe transcript of the evidence for an appeal, the trial court shall, upon themotion of counsel for the defendant, order the evidence transcribed for suchappeal and all costs therefor paid by the Commonwealth out of theappropriation for criminal charges. If the conviction is not reversed, allcosts paid by the Commonwealth, under the provisions hereof, shall beassessed against the defendant.

The reporter or other individual designated to report and record the trialshall file the original shorthand notes or other original records with theclerk of the circuit court who shall preserve them in the public records ofthe court for not less than five years if an appeal was taken and atranscript was prepared, or ten years if no appeal was taken. The transcriptin any case certified by the reporter or other individual designated toreport and record the trial shall be deemed prima facie a correct statementof the evidence and incidents of trial.

Upon the request of any counsel of record, or of any party not represented bycounsel, and upon payment of the reasonable cost thereof, the court reportercovering any proceeding shall provide the requesting party with a copy of thetranscript of such proceeding or any requested portion thereof.

The court shall not direct the court reporter to cease recording any portionof the proceeding without the consent of all parties or of their counsel ofrecord.

The administration of this section shall be under the direction of theSupreme Court of Virginia.

(Code 1950, 17-30.1; 1952, c. 642; 1956, c. 699; 1962, c. 419; 1964, c.533; 1968, c. 358; 1975, cc. 495, 640; 1983, c. 505; 1984, c. 752; 1994, c.497; 1999, c. 9.)