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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63608</law_id><section_number>19.2-165</section_number><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</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="10">Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts</unit><unit label="article" level="3" order_by="1" identifier="6">Recording Evidence and Incidents of Trial</unit></structure><text>
						<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>.
		The 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.
		The 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>.
		Upon 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.
		The 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.
		The administration of this section shall be under the direction of the Supreme Court of Virginia.</p></section></text><history>Code 1950, &#xA7; 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.</history><metadata></metadata></law>
