hb357_LC_38_0773_a_2.html
09 LC 38 0773
House Bill 357
By: Representatives Lindsey of the 54th and Willard of the 49th

A BILL TO BE ENTITLED
AN ACT


To amend Article 1 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding court reporters, so as to provide for certain notice requirements regarding a party's access to a court reporter; to amend Article 3 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure of state courts, so as to provide for a requirement when providing a court reporter; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding court reporters, is amended by adding a new Code section to read as follows:
"15-14-8.
(a) In all cases tried in a state court of record, the judgments of which are subject to appellate review, the trial judge thereof shall instruct any pro se party of his or her right to a court reporter and that failure to obtain a transcript of a proceeding could adversely impact such party's ability to appeal any adverse ruling by the court. If, after such notice, a pro se party waives his or her right to a court reporter, he or she shall verify in writing that he or she has been advised of his or her right to a court reporter and such waiver shall be filed with the court.
(b) Attorneys representing litigants in any action tried in a state court of record, the judgments of which are subject to appellate review, shall notify his or her client in writing, prior to the commencement of any such proceeding, that the client has a right to have the proceeding recorded by a court reporter and that the failure to have the proceeding recorded will result in not having a transcript thereby adversely impacting the client's ability to proceed with appellate review."

SECTION 2.
Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure of state courts, is amended by revising subsection (b) of Code Section 15-7-47, relating to the providing of court reporters, as follows:
"(b) Reporting of any trial may be waived by consent of the parties in a manner consistent with Code Section 15-14-8."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.