A. Each district judge shall select an official court reporter to record the proceedings of his court as required. All notes, records and evidence taken by the reporter shall be deposited with the district court clerk of the county in which the proceeding is docketed.
B. Each full-time official court reporter of the district court shall receive a salary fixed by the district court, exclusive of transcript fees, for court reporting, secretarial and other duties performed for the district court. Official court reporters employed on a part-time basis by the district court may be paid at a rate fixed by the district court not to exceed standard rates for such service in the area for all services required of them, exclusive of transcript fees.
C. Official court reporters shall, upon request, furnish typewritten transcripts of testimony and proceedings recorded by them in any cause at a maximum charge of one dollar sixty-five cents ($1.65) a page for an original with three copies. A page of transcription consists of not less than twenty-five typewritten lines on a good grade of paper, eight and one-half inches by thirteen inches in size, prepared for binding at the top and having margins of not more than one and three-fourths inches at the left and one-half inch at the right. Type shall be pica size with ten letters to the inch. The supreme court may provide by rule for decreases in the maximum charge when transcripts are not furnished within time limits prescribed by the supreme court. In any matter in which the district court has granted free process to the party requesting a transcript, payment of the charges shall be made from funds appropriated to the district court.
History: 1953 Comp., § 16-3-7, enacted by Laws 1968, ch. 69, § 21; 1969, ch. 45, § 1.
ANNOTATIONSCross references. — For requirement that clerk record proceedings, see 34-1-6 NMSA 1978.
For appointment of stenographer by master, see Paragraph A of 1-080 NMRA.
For use of transcript as evidence, see Paragraph B of 1-080 NMRA.
For record on appeal, see 12-209 and 12-211 NMRA.
Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-7, 1953 Comp., relating to number of judges and divisions in the fifth judicial district.
Section requires page to be not less than 25 lines, and does not mean it cannot be more than 25 lines. Four Hills Country Club v. Bernalillo Cnty. Prop. Tax Protest Bd., 1979-NMCA-141, 94 N.M. 709, 616 P.2d 422, cert. denied, 94 N.M. 675, 615 P.2d 992.
New trial granted where record could not be reconstructed. — Defendant, convicted of larceny, gave timely notice of appeal. However, due to unexplained technical difficulties, the court reporter was unable to prepare a transcript of proceedings in the cause. It was held that fault for the tapes' inaudibility could not be assessed against defendant and since it was impossible to reconstruct a record of the proceedings because of defendant's trial counsel's inability to recall the events at trial, to deny defendant a new trial would be to deny defendant the right of appeal guaranteed by the New Mexico constitution. State v. Moore, 1975-NMCA-042, 87 N.M. 412, 534 P.2d 1124.
Testimony of stenographer held hearsay. — Testimony of a court stenographer concerning what a witness said at a former trial was hearsay because the stenographer's testimony was based on notes taken during the former trial and which the stenographer used to refresh memory. Kirchner v. Laughlin, 1890-NMSC-002, 5 N.M. 365, 23 P. 175.
Reporter not entitled to additional compensation. — The court reporter is paid a salary for full-time application to court reporting and such other duties as may be assigned by the judge, and the court reporter would not be entitled to receive any other compensation for performing duties in the clerk's office as a deputy clerk. 1964 Op. Att'y Gen. No. 64-152.
A district court reporter and a juvenile probation officer, full-time employees of the district court, are not entitled to additional compensation for services undertaken in magistrate court during regular working hours, aside from per diem and travel expenses authorized in 34-6-23 NMSA 1978. 1969 Op. Att'y Gen. No. 69-122.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Failure or refusal of state court judge to have record made of bench conference with counsel in criminal proceeding, 31 A.L.R.5th 704.