                                 CODE OF VIRGINIA

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 (§ 19.2-165)

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.
		The 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.
		The 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.
		Upon 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.
		The 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.
		The administration of this section shall be under the direction of the Supreme
Court of Virginia.

HISTORY: Code 1950, § 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.