competent to act as official reporter in any court of the state who shall have failed and neglected to transcribe any notes in a criminal proceeding or action on appeal and which notes are required by law to be by him transcribed until he shall have fully completed and filed all transcription of his notes in any criminal case on appeal required by law to be by him transcribed.

Legislation 270. 1. Added by Code Amdt's. 1873-74, p. 402, as § 272, and then read: "No person shall be appointed to, or be retained in the position of of ficial reporter of any court in this state, without being first examined as to his competency by at least three members of the bar practicing in said court, such members to be designated by the judge of said court. The committee so selected shall, upon the request of the judge of said court, examine any person as to his qualifications whom said judge may wish to appoint or retain as official reporter, and no person shall be appointed to, or retained in such position, whose qualifications said committee shall not have reported favorably. The test of competency before such committee shall be as follows: The party examined must write, in the presence of said committee, at the rate of at least one hundred and forty words per minute for five consecutive minutes, upon matter not previously written by him, and transcribe the same into longhand writing with accuracy. If he pass said test satisfactorily, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed in the records of the court." 2. Amended by Code Amdts. 1880, p. 53, and renumbered § 270, and then read as amendment of 1909, except for the addition made in that year. 3. Amended by Stats. 1909, c. 708, adding the final sentence, beginning "No official reporter." The original § 270 (now § 273, post) made the transcript of the evidence by the reporter prima facie evidence of its correctness.

Citations. Cal. 49/354; 64/234, 237; 127/426; 142/144.

Attention to duties. Reporters pro tempore.

§ 271. The official reporter of any superior court shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the court, which order shall be entered upon the minutes of the court. Employment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the official reporter of any court has been excused in the manner provided in this section, the court may appoint an official reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the official reporter.

Legislation § 271. 1. Added by Code Amdts. 1873-74, p. 401, as § 273. 2. Amended by Code Amdts. 1880, p. 54, and (1) renumbered § 271; (2) in the first line, the words "superior court shall" changed from "district court must"; (3) the article "a" omitted before "good and"; (4) the words "judge of said" omitted before "court may appoint"; and (5) the phraseology after the word "compensation" changed from "as the official reporter, and whose report shall have the same legal effect as the report of the official reporter." The original § 271 (now § 274, post) was based on Stats. 1868, p. 45, and provided for compensation of reporters, and was repealed by Stats. 1880, p. 21, in amending Part I. Citations. Cal. 49/354; 64/234, 237.

Oath of office.

§ 272. The official reporter of any court, or official reporter pro tempore, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office.

Legislation § 272.

1. Added by Code Amdts. 1873-74, p. 403, as § 274, and then read: "The official reporter of any court, or official reporter pro tem., must, before entering on the duties of his office, take and subscribe the following oath: I do swear (or affirm) that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the office of official reporter (or official reporter pro tem.) court, according to the best of my ability.'" 2. Amended by Code Amdts. 1880, p. 54, and renumbered § 272. The original § 272 (now § 270, ante) provided for examination of official reporters.

of the

Citations. Cal. 49/354; 57/652; 64/238.

Reports prima facie correct statements.

§ 273. The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings.

Legislation § 273. 1. Enacted March 11, 1872, as § 270 (based on Stats. 186566, p. 232), and read: "His report, written out in longhand writing, is prima facie a correct statement of the evidence and proceedings." 2. Amended by Code. Amdts. 1873-74, p. 400, to read: "The report of the official reporter, when appointed and acting in accordance with the provisions of sections two hundred and seventy-two and two hundred and seventy-three of this code, and not otherwise, written out in longhand writing, and certified as being a correct transcript of the testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings." 3. Amended by Code Amdts. 1880, p. 54, renumbered § 273, and then read: "The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when written out in longhand writing and certified as being a correct transcript of the testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings." 4. Amendment by Stats. 1901, p. 123; unconstitutional: See note, § 5, ante. 5. Amended by Stats. 1903, p. 234.

Fees.

Citations. Cal. 49/354; 57/652; 73/208, 209; 75/303; 76/283; 131/480.

§ 274. For his services, the official reporter shall receive the following fees, except in counties where a statute provides otherwise:

For reporting testimony and proceedings, ten dollars per day, which amount, when more than one case is reported in one day, must be apportioned by the court between the several cases;

For transcription, for one copy, twenty cents per hundred words; for two copies made at one time, fifteen cents each per hundred words; for three copies made at one time, eleven cents each per hundred words; for four copies made at one time, nine cents each per hundred words; and for five or more copies made at one time, eight cents each per hundred words.

In criminal cases, the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court; provided, that when there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner.

In civil cases, the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions,

and either party may, at his option, pay the whole thereof; and, in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the clerk of the court.

Legislation § 274. 1. Enacted March 11, 1872, as § 271 (based on Stats. 186768, p. 455), and then read: "He shall receive, as compensation for his services, not exceeding ten dollars per day for taking notes, and not exceeding twenty cents per folio for transcription, to be paid by the party in whose favor judgment is rendered, and be taxed up by the clerk of the court as costs against the party against whom judgment is rendered. In case of failure of a jury to agree, the plaintiff must pay the reporter's fees accrued to that time. In cases where a transcript may be required by the court, the expense thereof must be paid equally by the respective parties to the action, or either of them, in the discretion of the court; and no verdict or judgment can be entered up, except the court shall otherwise order, until the reporter's fees are paid, or a sum equivalent thereto deposited with the clerk of the court. In no case shall the transcript be paid for unless specially ordered by either plaintiff or defendant, or by the court; nor shall the reporter be required, in any civil case, to transcribe his notes until the compensation per folio therefor be tendered to him or deposited in court for that purpose. In criminal cases, when the testimony has been taken down by order of the court, the compensation of the reporter must be fixed by the court and paid out of the treasury of the county in which the case is tried, upon the order of the court." 2. Amended by Code Amdts. 1873-74, p. 400, to read: "The official reporter shall receive as compensation for his services in civil proceedings, not exceeding ten dollars per day for taking notes, and not exceeding twenty cents per hundred words for transcription. The shorthand notes so taken shall, immediately after the cause is submitted, be filed with the clerk; but, for the purpose of writing out said notes, the reporter may withdraw the same for a reasonable time. The reporter's fees for taking notes in civil cases shall be paid by the party in whose favor judgment is rendered, and shall be taxed up by the clerk of the court as costs against the party against whom judgment is rendered. In case of the failure of a jury to agree, the plaintiff must pay the reporter's fees, for per diem, and for transcription ordered by plaintiff, which have accrued up to the time of the discharge of the jury. In cases where a transcript has been ordered by the court, the expense thereof must be paid equally by the respective parties to the action, or either of them, in the discretion of the court; and no verdict or judgment can be entered up, except the court shall otherwise order, until the reporter's fees are paid, or a sum equivalent thereto deposited with the clerk of the court. In no case shall a transcript be paid for, unless ordered by either the plaintiff or defendant, or by the court, nor shall the reporter be required, in any civil case, to transcribe his notes, until the compensation therefor be tendered him, or deposited in court for that purpose. The party ordering the reporter to transcribe any portion of the testimony or proceedings, shall pay the fees of the reporter therefor. In criminal cases, when the testimony has been taken down upon the order of the court, the compensation of the reporter must be fixed by the court, and paid out of the treasury of the county in which the case is tried, upon the order of the court." 3. Amended by Code Amdts. 1880, p. 54, renumbered § 274, and then read: "The official reporter shall receive, as compensation for his services in civil actions and proceedings for taking notes, a sum, to be fixed by the court or a judge thereof, not exceeding ten dollars per day, and for transcription a sum to be in like manner fixed not exceeding twenty

cents per hundred words; provided, that when said reporter performs services in taking notes in more than one cause on the same day, the court or judge thereof shall apportion to per diem allowed between the several actions or proceedings in which such notes are taken. The shorthand notes so taken shall immediately after the cause is submitted be filed with the clerk, but for the purpose of writing out said notes the reporter may withdraw the same for a reasonable time. The reporter's fees for taking notes in civil cases shall be paid by the party in whose favor judgment is rendered, and shall be taxed up by the clerk of the court as costs against the party against whom judgment is rendered. In case of the failure of a jury to agree, the plaintiff must pay the reporter's fees for time employed, and for transcription ordered by plaintiff which have accrued up to the time of the discharge of the jury. In cases where a transcript has been ordered by the court, the fees for transcription must be paid by the respective parties to the action in equal proportions, or by such of them and in such proportions as the court, in its discretion, may order; and no verdict or judgment shall be entered up, except the court shall otherwise order, until the reporter's fees are paid, or a sum equivalent thereto deposited with the clerk of the court therefor. In no case shall a transcript be paid for unless ordered either by the plaintiff or defendant, or by the court; nor shall the reporter be required in any civil case to transcribe his notes until the fees therefor be tendered him, or a sufficient amount to cover the same be deposited in court for that purpose. The party ordering the reporter to transcribe any portion of the testimony or proceedings, must pay the fees of the reporter therefor. In criminal cases, when the testimony has been taken down or transcribed upon the order of the court, the fees of the reporter shall be certified by the court, and paid out of the treasury of the county, or city and county, in which the case is tried, upon the order of the court." 4. Amended by Stats. 1885, p. 218, to read: "The official reporter shall receive as compensation for his services a monthly salary, to be fixed by the judge by an or der duly entered on the minutes of the court, which salary shall be paid out of the treasury of the county in the same manner and at the same time as the salaries of county officers; provided, that said monthly salary for each superior court, or department thereof, shall not exceed the following maximum: In counties having a population of one hundred thousand and over, three hundred dollars; in counties having a population less than one hundred thousand and exceeding fifty thousand, two hundred and seventy-five dollars; in counties having a population less than fifty thousand and exceeding thirty thousand, two hundred and fifty dollars; in counties having a population less than thirty thousand and exceeding twenty thousand, two hundred and twenty-five dollars; in counties having a population less than twenty thousand and exceeding fifteen thousand, two hundred dollars; in counties having a population less than fifteen thousand and exceeding twelve thousand five hundred, one hundred and seventy-five dollars; in counties having a population less than twelve thousand five hundred and exceeding ten thousand, one hundred and fifty dollars; in counties having a population less than ten thousand and exceeding seven thousand five hundred, one hundred and twentyfive dollars; in counties having a population less than seven thousand five hundred and exceeding five thousand, one hundred dollars; and in counties having a population less than five thousand, seventy-five dollars; and, further provided, that where both parties to a civil action, or either, require the testimony therein to be written out in full as the trial progresses, the official reporter shall be allowed the extra expense occasioned, to be audited by the judge, and paid by the party or parties ordering the same; provided further, that in departments of superior courts devoted exclusively to the trial of criminal cases, the judge of the court shall, in addition, fix and allow a reasonable compensation for the transcription of testimony. to be paid out of the county, or city and county, treasury, Code Civ. Proc.-7

upon the order of the judge. In civil cases in which the testimony is taken down by the official reporter, each party shall pay a per diem of two dollars and fifty cents before judgment or verdict therein is entered; and where the testimony is transcribed, the party or parties ordering it shall pay ten cents per folio for such transcription on delivery thereof; said per diem and transcription fees to be paid to the clerk of the court, and by him paid into the treasury of the county, and such portion as shall be paid by the prevailing party may be taxed as costs in the case. Where there is no regular official reporter, and one is appointed temporarily by the court, he shall receive for his services and expenses of attendance, in lieu of the salary provided in this section, such compensation as the court may deem reasonable; to be paid, if a civil case, by both parties, or either of them, as the judge shall direct; and, if a criminal case, to be paid out of the treasury of the county on the order of the court." 5. Amendment by Stats. 1901, p. 123; unconstitutional: See note, § 5, ante. 6. Amended by Stats. 1903, p. 234.

Citations. Cal. 49/354; 57/652; 59/583; 64/237, 243; 68/195, 198, 200; 83/363, 364, 365; 86/494; 93/514, 515; 120/128; 124/388, 647; 127/156, 158, 159, 160, 161, 162; 135/651; 145/40, 608. App. 3/630.

Transcribing of opinions and instructions, a county charge.

§ 274a. Judges of the superior court may have any opinion given or rendered by such judge in the trial of any action or proceeding, pending in such court, or any instructions to be given by such court to the jury taken down in shorthand and transcribed by the official reporter of such court; but if there be no official reporter for such court, then by any competent stenographer or typewriter, the cost thereof to be a legal charge against the county, payable out of the general fund in the county treasury in the same manner as any other claims against the county, when properly approved by the said judge so ordering the same.

Legislation § 274a. Added by Stats. 1907, p. 15.

Fees and compensation of phonographic reporter.

§ 274b. The phonographic reporter shall receive for making an original and three carbon copies of the portion of his notes ordered transcribed, or transcribed in any criminal case after sentence, the sum of thirty cents per folio; provided, however, that he shall receive no compensation for transcribing any notes unless the same shall have been transcribed by him within the time provided by law.

Legislation § 274b. Added by Stats. 1909, c. 708.