An Act to amend section 753 (b) of title 28, United States Code, to provide for the recording of proceedings in the U.S. district courts by means of electronic sound recording as well as by shorthand or mechanical means
PL 89-163 (H.R.3997), enacted 09/02/1965

79 STAT. ] 
PUBLIC LAW 89-163-SEPT. 2, 1965 
619 
authorized to proceed in forma pauperis, on the certificate of the 
district judge." 
And the last paragraph of section 1825 is amended to read as 
follows: 
"Fees and mileage need not be tendered to the witness upon service 
of a subpena issued in behalf of the United States or an officer or 
agency thereof, or upon service of a subpena issued on behalf of a 
party, authorized to proceed in forma pauperis, where the payment 
thereof is to be made by the United States marshal as authorized in 
this section." 
Approved September 2, 1965. 
Public Law 89-163 
A N A C T 
September 2, 1965 
To amend section 753(b) of title 28, United States Code, to provide for the 
[H. R. 3997] 
recording of proceedings in the United States district courts by means of 
electronic sound recording as well as by shorthand or mechanical means. 
U.S. district 
courts. 
62 Stat. 921. 
Be it eTiacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled^ That the first three 
paragraphs of subsection (b) of section 753 of title 28, United States ""Recording o
f 
Code, are amended to read as follows: 
^^'iV^flr^Z 
"One of the reporters appointed for each such court shall attend 
at each session of the court and at every other proceeding designated 
by rule or order of the court or by one of the judges, and shall record 
verbatim by shorthand or by mechanical means which may be aug-
mented by electronic sound recording subject to regulations promul-
gated by the Judicial Conference: (1) all proceedings in criminal 
cases had in open court; (2) all proceedings in other cases had in open 
court unless the parties with the approval of the judge shall agree 
specifically to the contrary; and (3) such other proceedings as a judge 
of the court may direct or as may be required by rule or order of 
court or as may be requested by any party to the proceeding. The 
Judicial Conference shall prescribe the types of electronic sound 
recording means which may be used by the reporters. 
"The reporter shall attach his official certificate to the orginial short-
hand notes or other original records so taken and promptly file them 
with the clerk who shall preserve them in the public records of the 
court for not less than ten years. An electronic sound recording of 
proceedings on arraignment, plea, and sentence in a criminal case, 
when properly certified by the court reporter, shall be admissible 
evidence to establish the record of that part of the proceeding. 
"The reporter shall transcribe and certify all arraignments, pleas, 
and proceedings in connection with the imposition of sentence in 
criminal cases unless they have been recorded by electronic sound 
recording as provided in this subsection and the original records so 
taken have been certified by him and filed with the clerk as hereinabove 
provided in this subsection. He shall also transcribe and certify such 
other parts of the record of proceedings as may be required by rule 
or order of court. 
Upon the request or any party to any proceeding 
which has been so recorded who has agreed to pay the fee therefor, 
or of a judge of the court, the reporter shall promptly transcribe the 
original records of the requested parts of the proceedings and attach 
to the transcript his official certificate, and deliver the same to the 
party or judge making the request." 
Approved September 2, 1965.