309. Duty of stenographers in eighth judicial district. The stenographers of the supreme court in the eighth judicial district appointed pursuant to section one hundred and fifty-nine of this chapter shall report and transcribe opinions for the justices of the supreme court, when required, without additional compensation, and shall, within twenty days after notice by an attorney or party that he intends to appeal, make a case and exceptions or bill of exceptions in a criminal or civil action, or that briefs are to be made or arguments prepared in an action tried before the court without a jury, file with the clerk of the county in which the venue of such action is laid a transcript of the minutes taken by him on such trial together with such notice attached thereto. The stenographer shall be entitled to the amount provided by the civil practice law and rules as the same is now or may hereafter be amended, for each folio of transcript so filed, and such amount shall be paid by the treasurer of the county wherein the venue of such action is laid, upon the order of the justice presiding at such trial.
The attorney giving such notice and the party shall be jointly and severally liable for the amount so paid by the county treasurer for such transcript, unless within six months after the filing of such transcript such attorney or party shall file with the clerk of the county in which the venue of such action is laid proof by affidavit that an appeal has been taken in good faith with the intent to prosecute the same, a case and exceptions or bill of exceptions in a civil or criminal action has been made and filed or briefs or arguments have been prepared and made in an action tried before the court without a jury. If such affidavit is not filed as aforesaid, the party or his attorney giving such notice shall pay to the county treasurer on demand, the amount paid by the said treasurer to the stenographer for such transcript and the treasurer may recover said amount in his name of office, in an action in any court of competent jurisdiction against said attorney and party. The provisions of this section, relating to stenographers making and filing transcripts of minutes and the payment therefor by the county treasurer, shall not apply to transcripts of minutes taken by stenographers in civil actions or proceedings tried or heard in Genesee and Erie counties. The fee for making and filing such transcripts in Genesee and Erie counties shall be paid by the attorney or party who shall request such making and filing.
Last modified: February 3, 2019