CALIFORNIA STATUTES AND CODES
SECTIONS 269-274a
CODE OF CIVIL PROCEDURE
SECTION 269-274a
269. (a) An official reporter or official reporter pro tempore of
the superior court shall take down in shorthand all testimony,
objections made, rulings of the court, exceptions taken,
arraignments, pleas, sentences, arguments of the attorneys to the
jury, and statements and remarks made and oral instructions given by
the judge or other judicial officer, in the following cases:
(1) In a civil case, on the order of the court or at the request
of a party.
(2) In a felony case, on the order of the court or at the request
of the prosecution, the defendant, or the attorney for the defendant.
(3) In a misdemeanor or infraction case, on the order of the
court.
(b) If a transcript is ordered by the court or requested by a
party, or if a nonparty requests a transcript that the nonparty is
entitled to receive, regardless of whether the nonparty was permitted
to attend the proceeding to be transcribed, the official reporter or
official reporter pro tempore shall, within a reasonable time after
the trial of the case that the court designates, write the
transcripts out, or the specific portions thereof as may be
requested, in plain and legible longhand, or by typewriter, or other
printing machine, and certify that the transcripts were correctly
reported and transcribed, and when directed by the court, file the
transcripts with the clerk of the court.
(c) If a defendant is convicted of a felony, after a trial on the
merits, the record on appeal shall be prepared immediately after the
verdict or finding of guilt is announced unless the court determines
that it is likely that no appeal from the decision will be made. The
court's determination of a likelihood of appeal shall be based upon
standards and rules adopted by the Judicial Council.
271. (a) Any court, party, or other person entitled to a transcript
may request that it be delivered in computer-readable form, except
that an original transcript shall be on paper. A copy of the original
transcript ordered within 120 days of the filing or delivery of the
transcript by the official reporter or official reporter pro tempore
shall be delivered in computer-readable form upon request if the
proceedings were produced utilizing computer-aided transcription
equipment.
(b) Except as modified by standards adopted by the Judicial
Council, the computer-readable transcript shall be on disks in
standard ASCII code, unless otherwise agreed by the reporter and the
court, party, or other person requesting the transcript. Each disk
shall be labeled with the case name and court number, the dates of
proceedings contained on the disk, and the page and volume numbers of
the data contained on the disk. Except where modifications are
necessary to reflect corrections of a transcript, each disk as
produced by the official reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the series of disks.
273. (a) The report of the official reporter, or official reporter
pro tempore, of any court, duly appointed and sworn, when transcribed
and certified as being a correct transcript of the testimony and
proceedings in the case, is prima facie evidence of that testimony
and proceedings.
(b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
(c) The instant visual display of the testimony or proceedings, or
both, shall not be certified and cannot be used, cited, distributed,
or transcribed as the official certified transcript of the
proceedings. The instant visual display of the testimony or
proceedings, or both, shall not be cited or used in any way or at any
time to rebut or contradict the official certified transcript of the
proceedings as provided by the official reporter or official
reporter pro tempore.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
273. (a) The report of the official reporter, or official reporter
pro tempore, of any court, duly appointed and sworn, when transcribed
and certified as being a correct transcript of the testimony and
proceedings in the case, is prima facie evidence of that testimony
and proceedings.
(b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
(c) This section shall become operative on January 1, 2017.
274a. Any judge of the superior court may have any opinion given or
rendered by the judge in the trial of a felony case or an unlimited
civil case, pending in that court, or any necessary order, petition,
citation, commitment or judgment in any probate proceeding,
proceeding concerning new or additional bonds of county officials or
juvenile court proceeding, or the testimony or judgment relating to
the custody or support of minor children in any proceeding in which
the custody or support of minor children is involved, taken down in
shorthand and transcribed together with such copies as the court may
deem necessary by the official reporter or an official reporter pro
tempore of the court.