The official court reporter shall make an original and as many copies of transcripts of his notes as demanded, and he shall certify and file them with the clerk of the district court. These transcripts, or any portion thereof, may be used for the purpose of making up the record to be taken to the supreme court or court of appeals. The clerk of the district court shall collect the certification fee, but shall receive no compensation for transcribing. Where not otherwise fixed by statute, the court may, by rule, fix the compensation of official court reporters for extra copies filed with the clerk, which shall be paid for in advance, if demanded, by the party ordering them. The amount paid for the original and two copies of the transcript by the party ordering them shall be taxed as costs in the cause.
History: Laws 1897, ch. 73, § 174; C.L. 1897, § 2685 (174); Code 1915, § 4255; C.S. 1929, § 105-1002; 1941 Comp., § 19-1011; 1953 Comp., § 21-10-10; Laws 1966, ch. 28, § 42.
ANNOTATIONSCross references. — For transmission of transcript and record, see Rule 12-211 NMRA.
Compiler's notes. — This section may be affected by Rule 12-209, NMRA, dealing with the record on appeal, and Rule 12-403, NMRA, concerning costs, specifically the costs of the transcript.
Court's power as to printing of copies of record. — Where the transcript shows the amount in controversy to be less than $1,000, the court has no power to compel a printing of the record and will not dismiss the appeal because of appellant's failure to file more than one copy of the record. Mora v. Schick, 1887-NMSC-028, 4 N.M. (Gild.) 301, 13 P. 341 (decided under former law).