{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-165.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-165.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-165.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-165.html"}],"law_id":63608,"edition_id":1,"section_id":63608,"structure_id":15626,"section_number":"19.2-165","catch_line":"Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript","history":"Code 1950, \u00a7 17-30.1; 1952, c. 642; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c. 358; 1975, cc. 495, 640; 1983, c. 505; 1984, c. 752; 1994, c. 497; 1999, c. 9; 2014, c. 291; 2021, Sp. Sess. I, c. 489.","full_text":"In all criminal cases in a court of record, the court or judge trying the case shall by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting or recording the trial of criminal cases shall be paid by the Commonwealth out of the appropriation for criminal charges, upon approval of the trial judge. However, if the defendant is convicted, the Commonwealth shall be entitled to receive the amount allocated to the court reporter fund under the fixed felony fee. Localities that maintain mechanical or electronic devices for this purpose shall be entitled to retain their reasonable expenses attributable to the cost of operating and maintaining such equipment. The clerk shall receive the evidence at the time of admission of such evidence by the court and shall maintain control over such evidence until the time such evidence is transferred on appeal, or destroyed or returned in accordance with law.\n\t\tThe costs for the preparation of the transcript of the evidence for an appeal shall be paid by the Commonwealth out of the appropriation for criminal charges.\n\t\tThe reporter or other individual designated to report and record the trial shall file the original shorthand notes or other original records with the clerk of the circuit court who shall preserve them in the public records of the court for not less than five years if an appeal was taken and a transcript was prepared, or ten years if no appeal was taken. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.\n\t\tUpon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.\n\t\tThe court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.","order_by":null,"text":{"0":{"id":231734,"text":"In all criminal cases in a court of record, the court or judge trying the case shall by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting or recording the trial of criminal cases shall be paid by the Commonwealth out of the appropriation for criminal charges, upon approval of the trial judge. However, if the defendant is convicted, the Commonwealth shall be entitled to receive the amount allocated to the court reporter fund under the fixed felony fee. Localities that maintain mechanical or electronic devices for this purpose shall be entitled to retain their reasonable expenses attributable to the cost of operating and maintaining such equipment. The clerk shall receive the evidence at the time of admission of such evidence by the court and shall maintain control over such evidence until the time such evidence is transferred on appeal, or destroyed or returned in accordance with law.\n\t\tThe costs for the preparation of the transcript of the evidence for an appeal shall be paid by the Commonwealth out of the appropriation for criminal charges.\n\t\tThe reporter or other individual designated to report and record the trial shall file the original shorthand notes or other original records with the clerk of the circuit court who shall preserve them in the public records of the court for not less than five years if an appeal was taken and a transcript was prepared, or ten years if no appeal was taken. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.\n\t\tUpon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.\n\t\tThe court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15626,"edition_id":1,"name":"Recording Evidence and Incidents of Trial","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:57:02","date_modified":"2026-06-26 03:57:02","permalink":{"id":168443,"object_type":"structure","relational_id":15626,"identifier":"6","token":"19.2\/10\/6","url":"\/19.2\/10\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63608,"structure_id":15626,"section_number":"19.2-165","catch_line":"Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript","url":"\/19.2-165\/","token":"19.2\/10\/6\/19.2-165","metadata":false},{"id":67452,"structure_id":15626,"section_number":"19.2-165.1","catch_line":"Payment of medical fees in certain criminal cases; reimbursement","url":"\/19.2-165.1\/","token":"19.2\/10\/6\/19.2-165.1","metadata":false},{"id":59672,"structure_id":15626,"section_number":"19.2-166","catch_line":"Court reporters","url":"\/19.2-166\/","token":"19.2\/10\/6\/19.2-166","metadata":false}],"next_section":{"id":67452,"structure_id":15626,"section_number":"19.2-165.1","catch_line":"Payment of medical fees in certain criminal cases; reimbursement","url":"\/19.2-165.1\/","token":"19.2\/10\/6\/19.2-165.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-165\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 642; in 1956, chapter 699; in 1962, chapter 419; in 1964, chapter 533; in 1968, chapter 358; in 1975, chapters 495 and 640; in 1983, chapter 505; in 1984, chapter 752; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0497\">497<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0009\">9<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0291\">291<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":168445,"object_type":"law","relational_id":63608,"identifier":"19.2-165","token":"19.2\/10\/6\/19.2-165","url":"\/19.2-165\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-165\/","token":"19.2\/10\/6\/19.2-165","dublin_core":{"Title":"Recording evidence and incidents of trial in felony cases; cost of recording; cost of transcripts; certified transcript deemed prima facie correct; request for copy of transcript","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-165","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In all criminal cases in a court of record, the court or <span class=\"dictionary\">judge<\/span> trying the case shall by <span class=\"dictionary\">order<\/span> entered of record provide for the recording verbatim of the <span class=\"dictionary\">evidence<\/span> and incidents of <span class=\"dictionary\">trial<\/span> either by a <span class=\"dictionary\">court reporter<\/span> or by mechanical or electronic devices approved by the court. The expense of reporting or recording the <span class=\"dictionary\">trial<\/span> of criminal cases shall be paid by the Commonwealth out of the appropriation for criminal charges, upon approval of the <span class=\"dictionary\">trial<\/span> <span class=\"dictionary\">judge<\/span>. However, if the <span class=\"dictionary\">defendant<\/span> is convicted, the Commonwealth shall be entitled to receive the amount allocated to the <span class=\"dictionary\">court reporter<\/span> fund under the fixed <span class=\"dictionary\">felony<\/span> fee. Localities that maintain mechanical or electronic devices for this purpose shall be entitled to retain their reasonable expenses attributable to the cost of operating and maintaining such equipment. The clerk shall receive the <span class=\"dictionary\">evidence<\/span> at the time of admission of such <span class=\"dictionary\">evidence<\/span> by the court and shall maintain control over such <span class=\"dictionary\">evidence<\/span> until the time such <span class=\"dictionary\">evidence<\/span> is transferred on <span class=\"dictionary\">appeal<\/span>, or destroyed or returned in accordance with <span class=\"dictionary\">law<\/span>.\n\t\tThe costs for the preparation of the <span class=\"dictionary\">transcript<\/span> of the <span class=\"dictionary\">evidence<\/span> for an <span class=\"dictionary\">appeal<\/span> shall be paid by the Commonwealth out of the appropriation for criminal charges.\n\t\tThe reporter or other individual designated to report and record the <span class=\"dictionary\">trial<\/span> shall file the original shorthand notes or other original records with the clerk of the <span class=\"dictionary\">circuit<\/span> court who shall preserve them in the public records of the court for not less than five years if an <span class=\"dictionary\">appeal<\/span> was taken and a <span class=\"dictionary\">transcript<\/span> was prepared, or ten years if no <span class=\"dictionary\">appeal<\/span> was taken. The <span class=\"dictionary\">transcript<\/span> in any case certified by the reporter or other individual designated to report and record the <span class=\"dictionary\">trial<\/span> shall be deemed prima facie a correct statement of the <span class=\"dictionary\">evidence<\/span> and incidents of <span class=\"dictionary\">trial<\/span>.\n\t\tUpon the request of any <span class=\"dictionary\">counsel<\/span> of record, or of any <span class=\"dictionary\">party<\/span> not represented by <span class=\"dictionary\">counsel<\/span>, and upon payment of the reasonable cost thereof, the <span class=\"dictionary\">court reporter<\/span> covering any proceeding shall provide the requesting <span class=\"dictionary\">party<\/span> with a copy of the <span class=\"dictionary\">transcript<\/span> of such proceeding or any requested portion thereof.\n\t\tThe court shall not direct the <span class=\"dictionary\">court reporter<\/span> to cease recording any portion of the proceeding without the consent of all parties or of their <span class=\"dictionary\">counsel<\/span> of record.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRECORDING EVIDENCE AND INCIDENTS OF TRIAL IN FELONY CASES; COST OF RECORDING;\nCOST OF TRANSCRIPTS; CERTIFIED TRANSCRIPT DEEMED PRIMA FACIE CORRECT; REQUEST\nFOR COPY OF TRANSCRIPT (\u00a7 19.2-165)\n\nIn all criminal cases in a court of record, the court or judge trying the case\nshall by order entered of record provide for the recording verbatim of the\nevidence and incidents of trial either by a court reporter or by mechanical or\nelectronic devices approved by the court. The expense of reporting or recording\nthe trial of criminal cases shall be paid by the Commonwealth out of the\nappropriation for criminal charges, upon approval of the trial judge. However,\nif the defendant is convicted, the Commonwealth shall be entitled to receive the\namount allocated to the court reporter fund under the fixed felony fee.\nLocalities that maintain mechanical or electronic devices for this purpose shall\nbe entitled to retain their reasonable expenses attributable to the cost of\noperating and maintaining such equipment. The clerk shall receive the evidence\nat the time of admission of such evidence by the court and shall maintain\ncontrol over such evidence until the time such evidence is transferred on\nappeal, or destroyed or returned in accordance with law.\n\t\tThe costs for the preparation of the transcript of the evidence for an appeal\nshall be paid by the Commonwealth out of the appropriation for criminal charges.\n\t\tThe reporter or other individual designated to report and record the trial\nshall file the original shorthand notes or other original records with the clerk\nof the circuit court who shall preserve them in the public records of the court\nfor not less than five years if an appeal was taken and a transcript was\nprepared, or ten years if no appeal was taken. The transcript in any case\ncertified by the reporter or other individual designated to report and record\nthe trial shall be deemed prima facie a correct statement of the evidence and\nincidents of trial.\n\t\tUpon the request of any counsel of record, or of any party not represented by\ncounsel, and upon payment of the reasonable cost thereof, the court reporter\ncovering any proceeding shall provide the requesting party with a copy of the\ntranscript of such proceeding or any requested portion thereof.\n\t\tThe court shall not direct the court reporter to cease recording any portion\nof the proceeding without the consent of all parties or of their counsel of\nrecord.\n\t\tThe administration of this section shall be under the direction of the Supreme\nCourt of Virginia.\n\nHISTORY: Code 1950, \u00a7 17-30.1; 1952, c. 642; 1956, c. 699; 1962, c. 419; 1964,\nc. 533; 1968, c. 358; 1975, cc. 495, 640; 1983, c. 505; 1984, c. 752; 1994, c.\n497; 1999, c. 9; 2014, c. 291; 2021, Sp. Sess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}