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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 2. JUDICIAL BRANCH |
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Subtitle D. JUDICIAL PERSONNEL AND OFFICIALS |
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Chapter 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS |
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Subchapter D. APPOINTMENT AND POWERS AND DUTIES OF OFFICIAL COURT REPORTERS |
Sec. 52.047. TRANSCRIPTS
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(a) A person may apply for a transcript of the evidence in a case reported by an official court reporter. The person must apply for the transcript in writing to the official court reporter. The official court reporter shall furnish the transcript to the person not later than the 120th day after the date the:
(1) application for the transcript is received by the reporter; and
(2) transcript fee is paid or the person establishes indigency as provided by Rule 20, Texas Rules of Appellate Procedure.
(b) If an objection is made to the amount of the transcript fee, the judge shall determine a reasonable fee, taking into consideration the difficulty and technicality of the material to be transcribed and any time constraints imposed by the person requesting the transcript.
(c) On payment of the fee or as provided by Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure, the person requesting the transcript is entitled to the original and one copy of the transcript. The person may purchase additional copies for a fee per page that does not exceed one-third of the original cost per page.
(d) An official court reporter may charge an additional fee for:
(1) postage or express charges;
(2) photostating, blueprinting, or other reproduction of exhibits;
(3) indexing; and
(4) preparation for filing and special binding of original exhibits.
(e) If an objection is made to the amount of these additional fees, the judge shall set a reasonable fee. If the person applying for the transcript is entitled to a transcript without charge under Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure, the court reporter may not charge any additional fees under Subsection (d).
(f) If the official court reporter charges an amount that exceeds a fee set by the judge, the reporter shall refund the excess to the person to whom it is due on demand filed with the court.
(g) Notwithstanding Rule 53(j), Texas Rules of Appellate Procedure, an official court reporter who is required to prepare a transcript in a criminal case without charging a fee is not entitled to payment for the transcript from the state or county if the county paid a substitute court reporter to perform the official court reporter's regular duties while the transcript was being prepared. To the extent that this subsection conflicts with the Texas Rules of Appellate Procedure, this subsection controls. Notwithstanding Sections 22.004 and 22.108(b), the supreme court or the court of criminal appeals may not amend or adopt rules in conflict with this subsection.