17.1-128 - Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct.
§ 17.1-128. Recording evidence and incidents of trial in certain civil casesand cost thereof; cost of transcripts; preservation of original notes orrecords; certified transcript prima facie correct.
In all civil cases, the court or judge trying the case may by order enteredof record provide for the recording verbatim of the evidence and incidents oftrial either by a court reporter or by mechanical or electronic devicesapproved by the court. The expense of reporting and recording the trial of acivil case shall be paid by the litigants in the manner and in the proportionas the court may in its discretion direct. A transcript of the record, whenrequired by any party, shall be paid for by such party. The court on appealmay provide that such cost may, in civil cases, be reimbursed to the partyprevailing. The failure to secure the services of a reporter, or the failureto have the case reported or recorded for any other reason, shall not affectthe proceeding or trial. The reporter or other individual designated toreport and record the trial shall preserve the original shorthand notes orother original records for not less than five years. The transcript in anycase certified by the reporter or other individual designated to report andrecord the trial shall be deemed prima facie a correct statement of theevidence and incidents of trial.
The administration of this section shall be under the direction of theSupreme Court of Virginia.
(1952, c. 642, § 17-30.1; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c.358; 1975, c. 640; 1984, c. 752; 1994, c. 496; 1998, c. 872.)