1-1105. COPY OF RECORD — EFFECT — CHARGE FOR FURNISHING. 1. It shall be the duty of each reporter to furnish, upon order of the court entered upon written application being made therefor by any attorney of record in a suit, or any party to a suit, in which a stenographic record has been made, a typewritten copy, or copies, of the record, or any part thereof, upon the payment by such attorney, or party, of the cost thereof, as provided in subsection 2. of this section, to such reporter, which payment shall be retained by the reporter as a part of his compensation and in addition to his salary allowed by section 1-1102, Idaho Code. Said copy, or copies, shall, when properly certified by said reporter, constitute prima facie the minutes of the court, and may be used on all motions for new trials, review or appeal, when the minutes of the court may be used; and the cost of which may, when the same is used on review or appeal, be charged as costs in a civil case against the party finally defeated in the action.

2. That in all actions such reporter shall charge and receive, and retain as provided in subsection 1. of this section, three dollars and twenty-five cents ($3.25) per page for the transcript to be prepared in the style and with the number of copies as directed by rule of the supreme court; provided, however, that when such transcript is requested by a defendant or his attorney on an appeal in a criminal action where after conviction, it appears to the satisfaction of the district court that the accused is poor and unable to procure such transcript, the court must direct payment to such court reporter of the page charge in this subsection provided, from the county treasury.

History:

[(1-1105) 1890-1891, p. 233, sec. 5; am. 1895, p. 69, sec. 1; reen. 1899, p. 163, sec. 5; am. 1907, p. 542, sec. 2; reen. R.C. & C.L., sec. 3984; C.S., sec. 656D; am. 1925, ch. 111, sec. 1, p. 157; I.C.A., sec. 1-1105; am. 1949, ch. 255, sec. 2, p. 515; am. 1951, ch. 210, sec. 1, p. 438; am. 1963, ch. 98, sec. 1, p. 316; am. 1973, ch. 171, sec. 5, p. 360; am. 1976, ch. 239, sec. 1, p. 832; am. 1980, ch. 292, sec. 1, p. 762; am. 1999, ch. 71, sec. 1, p. 193.]