Supreme Court of Missouri
en banc

In re:

Repeal of Court Operating Rule 5.04, entitled "Request for Preparation of Transcript," of Court Operating Rule 5 and in lieu thereof adoption of a new Court Operating Rule 5.04, entitled "Request for Preparation of Transcript."

1. It is hereby ordered that effective April 1, 2001, Court Operating Rule 5.04 be and the same is hereby repealed and a new Court Operating Rule 5.04 adopted in lieu thereof to read as follows:

RULE 5.04 REQUEST FOR PREPARATION OF TRANSCRIPT

(a) All requests for the preparation of a transcript shall be filed within the time prescribed by Supreme Court Rules 81.04 and 81.05.

(b) All transcripts of cases on appeal recorded on electronic sound recording shall be prepared by the office of state courts administrator or by an official court reporter.

(c) All transcripts of the preliminary examination recorded on electronic sound recording shall be prepared by the office of state courts administrator or by an official court reporter.  Pursuant to Supreme Court Rule 22.08, in all cases of homicide, a verbatim record of the testimony at the preliminary examination shall be made.  It shall be transcribed upon the written request of the state or defendant.  Costs for the preparation of a transcript shall be paid by the requesting party.

(d) The responsible clerk shall collect a deposit for the cost of preparation of a transcript plus copies plus postage where applicable, based on a formula provided by the office of state courts administrator.  Such formula shall reflect the per page cost as provided by section 485.100, RSMo.  Costs for copies prepared by central transcribing may be based on production costs not to exceed the amount provided in section 485.100, RSMo.

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.

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

Day - to - Day

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WILLIAM RAY PRICE, JR.
Chief Justice