§606-12  Duties of official court reporters.
[L 2004, c 202, §60 amendment repealed June 30, 2010.  L 2006, c 94,
§1.]  The duties of each official court reporter shall be to attend
sessions of the court and take verbatim notes of all oral proceedings before
the court, including the testimony of witnesses, objections of counsel, offers
of proof, arguments of counsel, rulings of the court, charge to the jury,
verdict of the jury, and any other matter which the court may require the
official court reporter to report.  The official court reporter may be called
upon at any time during a hearing, by any party to the same, or by the court,
to read aloud any portion of the official court reporter's notes taken by the
official court reporter.  The official court reporter may be referred to at any
time by the clerk of the court for the exact language of any orders from the
bench.  In any hearing of probate of will or administration matter, the judge,
in the judge's discretion, may order the official court reporter to supply and
file, without charge and within a reasonable time, a certified statement of
such testimony as relates to the names, ages, and genealogies of heirs.  Other
appropriate duties for the official court reporters to perform may be
prescribed by rule of court.



Each official court reporter shall file the
official court reporter's notes with the clerk of the court and when requested
by any party to a cause and so directed by the court or by the court of its own
motion, within a reasonable time thereafter as the court may designate, shall
furnish a certified transcript of the official court reporter's notes, or any
portion thereof, taken in the cause, upon the payment of the fee fixed in
section 606-13.  The official court reporter may furnish a transcript of any of
the official court reporter's notes, where the same is not intended for the
purposes of appeal, upon the request of any party, without the order of the
judge therefore first obtained.



In an ex parte or uncontested case, if there is
no official court reporter in attendance, the court may direct the clerk to
take notes of the oral evidence adduced, or the judge may personally take notes
or may cause the oral evidence to be preserved on tape or by another mechanical
device. [L 1915, c 88, §2; RL 1925, §2300; RL 1935, §3699; RL 1945, §9732; RL
1955, §218-12; am L 1959, c 110, §3; HRS §606-12; am L 1972, c 88, §4(i), (j);
gen ch 1985; am L 1996, c 226, §2; am L 2004, c 202, §60]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Rules of Court



 



  Generally, see Rules Governing Court Reporting.



  Recording of testimony and proceedings, see RCC rule 25.1;
RDC rule 25.1.



  Transcript as evidence, see HRCP rule 80; order for
transcript of evidence, see RDC rule 25.



 



Case Notes



 



  "Any party" in the provision that the reporter may
furnish a transcript where it is not intended for appeal upon the request of
any party construed.  59 H. 237, 580 P.2d 58.



  Court reporter's notes as public record, public's right of
access to such records.  59 H. 237, 580 P.2d 58.



  Section does not preclude recording of a closing argument. 
67 H. 231, 683 P.2d 1217.



  Trial court must order that the closing argument be recorded
when a party makes a timely request to do so.  71 H. 347, 791 P.2d 392.