GA Code § 5-6-41 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 5-6-41. Reporting, Preparation, and Disposition of Transcript; Correction of Omissions or Misstatements; Preparation of Transcript From Recollections; Filing of Disallowed Papers; Filing of Stipulations in Lieu of Transcript; Reporting at Party's Expense

  In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law.   In all misdemeanor cases, the trial judge may, in the judge's discretion, require the reporting and transcribing of the evidence and proceedings by a court reporter on terms prescribed by the trial judge.   In all civil cases tried in the superior and city courts, in the Georgia State-wide Business Court, and in any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported by a court reporter, the costs thereof to be borne equally between them; and, where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at the appellant's expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, the judge may, in the judge's discretion, authorize trial of the case unreported; and, when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise.   Where a trial in any civil or criminal case is reported by a court reporter, all motions, colloquies, objections, rulings, evidence, whether admitted or stricken on objection or otherwise, copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other posttrial procedure shall be reported; and, where the report is transcribed, all such matters shall be included in the written transcript, it being the intention of this article that all these matters appear in the record. Where matters occur which were not reported, such as objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel; but, where the trial is not reported or the transcript of the proceedings for any other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form.   Where a civil or criminal trial is reported by a court reporter and the evidence and proceedings are transcribed, the reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge.   Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal.   Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, the judge shall enter an order stating that fact.   Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed, with notation of disallowance thereon, and shall become part of the record for purposes of consideration on appeal or other procedure for review.   In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending.   In all cases, civil or criminal, any party may as a matter of right have the case reported at the party's own expense.    (Ga. L. 1965, p. 18, § 10; Ga. L. 1993, p. 1315, § 1; Ga. L. 2019, p. 845, § 2-4/HB 239.)    The 2019 amendment,  effective May 7, 2019, inserted ", in the Georgia State-wide Business Court," near the middle of the first sentence of subsection (c).   Cross references.   - Powers and duties of Judicial Council with regard to reporting of judicial proceedings, § 15-5-20 et seq.   Court reporters generally, T. 15, C. 14.   Filings in clerk's office, Rules of the Supreme Court of the State of Georgia, Rule 1.   Certification and transmittal of transcript and record, Rules of the Supreme Court of the State of Georgia, Rule 15.   Contents, form, and certification of transcript, Rules of the Supreme Court of the State of Georgia, Rule 18.   Submission of physical evidence, Rules of the Supreme Court of the State of Georgia, Rule 19.   Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20.   Presenting issue where record supplemented, Rules of the Supreme Court of the State of Georgia, Rule 48.   Preparation of records and transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 42.   Transmission of transcript, Rules of the Court of Appeals of the State of Georgia, Rule 44.   Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.   Law reviews.   - For annual survey of appellate practice and procedure, see 38 Mercer L. Rev. 47 (1986). For article, "Let's Revise Appellate Procedure in Georgia," see 27 Ga. St. B.J. 135 (1991). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Constitutionality   Judicial Discretion   Felony Cases   Misdemeanor Cases   Reporting of Voir Dire   Content of Transcript   Incorrect or Incomplete Transcripts   Stipulated Transcripts   Expenses of Recordation and Transcription   Application    OPINIONS OF THE ATTORNEY GENERAL    Law does not require that verbatim transcripts be prepared and filed in misdemeanor cases; the holding in Griffin v. Illinois, 351 U.S. 12, 76 S. Ct. 585, 100 L. Ed. 89 (1956) does not require a contrary ruling since the lack of a transcript in Griffin blocked the appeal, a circumstance which would not apply in a Georgia misdemeanor case. 1970 Op. Att'y Gen. No. U70-69.   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 449 et seq.   C.J.S.   - 4 C.J.S., Appeal and Error, § 554 et seq.   ALR.    - Will questions which might have been, but were not, raised on prior appeal or error, be considered on subsequent appeal or error, 1 A.L.R. 725.    Review on appeal of evidence as to genuineness of disputed documents, 12 A.L.R. 212; 27 A.L.R. 319.   Use in state court by counsel or party of tape recorder or other electronic device to make transcript of criminal trial proceedings, 67 A.L.R.3d 1013.   Court reporter's death or disability prior to transcribing notes as grounds for reversal or new trial, 57 A.L.R.4th 1049.   Failure or refusal of state court judge to have record made of bench conference with counsel in criminal proceeding, 31 A.L.R.5th 704.