No. 12706 INTHE SUPREME COURT OF 

### THE STATE OF MONTANA 1974

STATE OF MONTANA, Plaintiff and Respondent,

-vs

# - BILL ROSCOE MERSEAL,Defendant and Appellant.

ORIGINAL PROCEEDING: Counsel of Record: For Appellant: Daniel J.Shea argued, Missoula, Montana For Respondent: Hon. Robert L. Woodahl, Attorney General, Helena,

Montana Robert L. Deschanps II1,County Attorney, appeared

Missoula, Montana Harold V. Dye. Deputy County Attorney, argued,

Missoula

## ,Montana For Amicus Curiae: CharlesAngel argued, Bozeman, Montana

Submitted: June 25, 1974 Decided: 

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### 88Mr. Chief Justice James T. Harrison delivered the Opinion of the Court. Application by appellant Bill Roscoe Merseal for an order compelling Carroll B. Copeland, official court reporter for the fourth judicial district, to supply him with one original copy of the transcript of the proceedings in the district court and charge him no more than 7-1/2$ per folio (100words). Appellant intends to reproduce the transcript on his own, for an appeal from a conviction for second degree assault. Appellant is not an indigent. The issue raised is: May a nonindigent appellant in a criminal case compel a court reporter to furnish only the original transcript of the trial court proceedings, and furnish other copies of the transcript himself? In support of his position appellant simply asserts there
are no explicit rules concerning the number of copies of the transcript which must be filed on appeal. Rule 

### IV of the Rules of the Montana Supreme Court, 1966, states: "1. 

### In all criminal appeals the Montana Rules of Appellate Civil Proceduremay be followed in the preparation of the record on appeal insofar as they are applicable and not in conflict with a specific statutory provision of the Criminal Code. 

## * * *" Rule 10 of the M.R.App.Civ.P. states: "(a) 

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## * * Six copies of each transcript must be lodged with the clerk of this Court for filing. 

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## *". This Court is clearly entitled to six copies of the trial transcript. The only statute in Montana's Code of Criminal Procedure at variance with the above-quoted rules is section 95-2428, R.C.M. 1947, which comems itself with indigent appeals and is not applicable here. We seenomerit in appellant's suggestion that he ought tobe permitted tocopy the original transcript by his own methods. Assurances by appellant thatmodern technology would provide us withperfectly acceptable copies of the transcript, and at the
same time save appellant money, missthepoint. Our concern here is topreserve the integrity of the record. For obvious reasons, the record on appeal must be inviolate. The court reporter consequently isrequired tocertify tothe correctness of the transcript. Section 95-2408 (b)

## , R.C.M. 1947; Rule 9(b)

## , M.R.App.Civ.P. Common sense indicates the most practicable way of ensuring a correct transcript is for the court reporter to keep the original copy inhispossession atalltimes and from it manufacture more copies asthey are needed. Otherwise the reporter willbe obliged tochoose between exposing himself to liability or certifyingeach copy made outside his office and recertifying the original. In a day of increasingly voluminous transcripts, this Court isnot about tocast such a tedious burden upon court reporters. In view of the foregoing, it is incumbent that the copies of the transcript needed by the parties for use on appeal also be procured from the reporter. The relief sought hy appellant isdenied.

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# . Chief ~ustice We concur: ,/': 7 /' 

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# w. Peter G. &+./district judge, sittinginplace Mr. Justice Daly.

JusticeFrank I. Haswell did not participate inthiscause. -3-