Section 83. The presiding justice at any sitting, trial or hearing in the supreme judicial court or the superior court, in case no stenographer is assigned therefor or in case of the illness or absence of a stenographer assigned, may appoint one or more temporary stenographers, who shall be sworn, and shall during his or their service have the powers and duties of an official stenographer.
Upon motion of any party, at any sitting, trial or hearing in any department of the Trial Court, where no official stenographer is assigned or available, the presiding justice shall appoint and designate any certified shorthand reporter to serve as temporary official stenographer for purposes of said proceedings, provided that the attendance fee of such certified shorthand reporter shall be borne by the moving party or parties, and where more than one party joins in the motion, shall be paid in equal shares by the requesting parties. Fees for transcripts of the proceedings shall be charged and apportioned among the parties in accordance with the provisions of section eighty-eight. The motion requesting the appointment of a temporary official stenographer shall specifically identify the person whose appointment is requested and shall certify that said person is a certified shorthand reporter. The fees for attendance and copies of transcripts paid to any individual appointed pursuant to the provisions of this section shall be taxable as costs in favor of the prevailing party or parties to the same extent, and in the same manner, as the fees of official stenographers.
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