THEA~~-~RNEY GENERAL 

OFTEXAS 

September 11, 1959 

Honorable Robert S. Calvert 

Comptroller of Public Acco,unts 

Capitol Station 

Austin, Texas 

Opinion No. WW-702 

Re: Authority of the Comptroller to approve a 

voucher for payment to 

a court reporter for 

taking oral deposition 

of a witness of a pending case, under Article 

2423a, Vernon's Civil 

Statutes and related 

Dear Mr. Calvert: Articles. 

We have received your letter of August 6, 1959, which 

reads as follows: 

"This department has received a voucher 

presented by your department for payment to 

Jack K. Tingle, a court reporter, for taking 

oral depositions from a witness. This voucher 

is being returned to you as we are doubtful 

that it is properly payable by the state in 

view of the holdings in Attorney General's 

Opinion number V-409 and Articles 2324a, 

2324, 2326, 3746, and Rule 194 of R.C.P. 

This department will appreciate hearing from 

you as to your findings in the event you find 

that this voucher is payable by the state. 

There is no litigation pending which will have 

a bearing on this question." 

Attorney General's Opinion V-409 (1947) relating to 

the duty of a court reporter under Article 119, V.C.C.P. 

reads in part as follows: 
. . 

Honorable Robert S. Calvert, Page 2 (ww-702) 

"A court reporter is an officer of 

the court. In performing the functions 

and duties imposed upon him by Article 

119, he is merely performing an added 

duty for which no provision is made for 

extra compensation by the State." 

Article 232&a, Vernon's Civil Statutes, reads in 

part as follows: 

"Section 1. All official District 

Court reporters are authorized to take 

depositions of witnesses, and to receive, 

execute and return commissions, administer 

oaths and affidavits, in connection with 

such depositions, and make a certificate of 

such fact, and do all other things necessary 

in the taking of such depositions in accordance with existing laws. (Emphasis ours). 

Article 2326, Vernon's Civil Statutes, is the 

general statute establishing compensation of court reporters in various categories of counties. In each category the stipulated compensation is specifically set to be 

in addition to the "transcript fees" that may be charged 

by the reporter. 

Article 3746, Vernon's Civil Statutes, and Rule 194, 

Rules of Civil Procedure, impose a duty on the addressee of 

a commission to take the deposition of a witness. 

We shall assume it is the official duty of the court 

reporter to take the deposition of witnesses in proceedings 

before the court. May, then, the reporter charge the state 

a fee for such service, and if so, how much may he charge 

the state? 

Article 2,324, Vernon's Xiv11 Statutes, reads as 

follows: 

"Each official court reporter shall: 

"Attend all sessions of the court; take full 

shorthand notes of all oral testimony offered in 

every case tried in said court, together with all 

objections to the admissibility of the evidence, 

the rulings and remarks of the court thereon, and 
. . 

Honorable Robert S. Calvert, page 3 (W-702) 

all exceptions thereto; take full shorthand 

notes of closing arguments when requested so 

to do by the attorney for any party to such 

case, together with all objections to such 

arguments, the rulings and remarks of the 

court thereon, and all exceptions thereto; 

"Preserve all shorthand notes taken in 

said court for future use or reference for a 

full year, and furnish to any person a transcript in question and answer form of all such 

evidence or other proceedings, - _ or any portion 

thereof as such person may order, upon-the payment to him of the fees provided by law. 

"When any party to any suit reported by any 

such reporter shall desi.re a transcript of the 

evidence in said suit, said party may apply for 

same and the reporter shall make up such transcript and shall receive as compensation therefor 

the sum of not more than thirty cents per one 

hundred words for the original thereof. In the 

event said transcript should be ordered made in 

narrative form, then such reporter shall make up 

same in duplicate in narrative form, and shall 

receive as compensation therefor the sum of 

twenty cents per hundred words for the originrl; 

provided, however, that no charge shall be made 

for the duplicate copy, and provided further, that 

in case any reporter charges more than the fees 

herein allowed he shall be liable to the person 

paying the same a sum equal to four times the excess so paid. 

"Provided further, that when such court reporter is requested to report the ciosing arguments 

in any case, the clerk of the court shall tax as 

costs in such case the sum of Five Dollars ($5.00). 

Said fee shall be paid as other costs in the case, 

and paid by said clerk, when collected, into the 

General Funds of the county in which said court 

sits; provided further, however, that if a transcript of such arguments or any portion thereof be 

ordered by any party, said reporter shall prepare 
‘ . 

Honorable Robert S. Calvert, page 4 (WW-702) 

same and charge therefor at the rate herein 

provided for transcripts in question and answer form; provided, that in case any reporter 

charges more than the fees herein allowed he 

shall be liable to the person paying the same 

a sum equal to four times' the excess so paid. 

As amended Acts 1955, 54th Leg., p. 1033, ch. 

390, 81." 

The above statutes and rules establish that the reporter is authorized to take depositions, and in certain instances 

a duty to do so is imposed upon him. It is clear that a deposition is evidence taken from a witness in a judicial proceeding 

(see 12 Words and Phrases, 253, and numerous cases cited therein). We feel the duty of the reporter relative to taking depositions is the same as his duty to take other oral testimony in 

the proceeding. 

It will be noted that the only duty imposed upon the 

reporter by any of the above statutes is to "take" the testimony 

offered in full shorthand notes. There is no duty imposed on 

a reporter to transcribe those notes unless and until he is requested to do so. It is specifically provided that if he is 

requested to transcribe the testimony, he may charge a transcript fee. 

Although the statute does not provide any fee for 

"taking" the deposition when the duty to do so is imposed on a 

reporter, there is a statutory scheme for his fees when he makes 

a transcript thereof. If the transcript is written in other 

than narrative form, the reporter may charge, and the state 

may pay, not to exceed thirty cents per one hundred words for 

the original thereof. (Article 2324). It is not the official 

duty of the reporter to make a carbon copy of the transcript 

if so taken, so if one is ordered and made for the use of a 

state agency or department, the price thereof is a matter for 

negotiation between the reporter. and that agency or department. 

(See Attorney General's Opinion W-692 (19%)). If appropriated 

funds are available to that agency or department to purchase 

the copy, the price agreed upon is entirely within the discretion of that agency or department. 

Therefore, you are advised that in our opinion, the 

Comptroller may issue warrants in payment for services rendered 
* . 

Honorable Robert S. Calvert, Page 5 (W-702) 

by court reporter8 in transcribing depositions for the state 

in accordance with the fees prescribed in Article 2324 of 

Vernon's Civil Statutes. 

SUMMARY 

The Comptroller may issue warrants 

in payment for services rendered 

by court reporters in transcribing 

depositions for the state in accordance with the fees prescribed in 

Article 2324 of Vernon's Civil 

Statutes. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

TIM:mfh:rm 

Tom I. McFarling 

Assistant 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

B. H. Tlmmins, Jr. 

C. Dean Davis 

William E. Allen 

Jay Howell 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert