Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (b) and (d) of subdivision 5.04, entitled "Request for Preparation of Transcript," and subdivision 5.06, entitled "Preparations of Transcripts for Indigents," of Court Operating Rule 5 and in lieu thereof adoption of new subdivisions (b) and (d) of subdivision 5.04, entitled "Request for Preparation of Transcript," and a new subdivision 5.06, entitled "Preparations of Transcripts for Indigents," of Court Operating Rule 5, entitled "Sound Recording." 


1.  It is ordered that effective July 1, 2004, subdivisions (b) and (d) of subdivision 5.04 and subdivision 5.06 of Court Operating Rule 5 be and the same are hereby repealed and new subdivisions (b) and (d) of subdivision 5.04 and new subdivision 5.06 of Court Operating Rule 5 adopted in lieu thereof to read as follows:

COURT OPERATING RULE 5.04
REQUEST FOR PREPARATION OF TRANSCRIPT



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(b) All transcripts of cases on appeal recorded on electronic sound recording shall be prepared by the Office of State Courts Administrator, an approved contractor or by an official court reporter.



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(d) The responsible clerk shall collect a deposit for the cost of preparation of a transcript plus copies plus postage, where applicable, based upon the current contract rate established by the Office of State Courts Administrator.
State agencies shall pay the costs of preparing transcripts unless otherwise provided by law.  State agencies are not required to make an advance deposit.

Upon receipt of the required deposit, the clerk shall promptly forward the original tapes of the proceeding with copies of the recording logs to the Office of State Courts Administrator or to the official court reporter.  The deposit shall be accounted for by the clerk as other costs in the case.


COURT OPERATING RULE 5.06  
PREPARATION OF TRANSCRIPTS FOR INDIGENTS


(a) In criminal cases when an appeal is taken by the defendant and it appears to the satisfaction of the trial court that the defendant is unable to pay the costs of the transcript for the purpose of perfecting the appeal, the court shall order the same to be furnished.  The transcript shall be prepared by the Office of State Courts Administrator or an approved contractor upon receipt of a copy of the order of indigence.

(b) In civil cases, pursuant to section 514.040 RSMo, the transcript shall be prepared by the Office of State Courts Administrator or an approved contractor upon receipt of a copy of the order of indigency.  The cost shall be waived unless costs are recovered pursuant to section 514.040 RSMo.  The clerk shall notify the Court of Appeals of the outstanding costs of any transcripts prepared by the Office of State Courts Administrator.  The portion of the costs recovered that are associated with preparing the transcript shall be forwarded to the Office of State Courts Administrator.

(c) The cost of preparing transcripts in probate and juvenile matters shall be paid pursuant to section 472.040 RSMo and sections 211.281 RSMo and 211.462 RSMo, respectively.

2.  The state courts administrator shall provide copies of this order to the chief judge and clerk of every district of the court of appeals, every presiding circuit court judge and circuit clerk, and such other persons as the administrator deems appropriate.

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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RONNIE L. WHITE
Chief Justice