Chapter 485 Court Reporters and Stenographers

485.090 - Reimbursement for expenses while attending court — how paid.

Steven Groce, Attorney Advertisement

Every official court reporter of a circuit court of a judicial circuit comprised of two or more counties, in addition to his salary, shall be reimbursed for all sums of money actually expended by him in necessary hotel and traveling expenses while engaged in attending any regular, special or adjourned term of court at any place in the judicial circuit in which he is appointed, other than the county of his residence, or while engaged in going to and from any such place for the purpose of attending terms of court.All of such actual expenses shall be paid out of the state treasury.

(RSMo 1939 § 13347, A.L. 1951 p. 436, A.L. 1955 p. 499, A.L. 1963 p. 667, A.L. 1978 H.B. 1634, A.L. 1984 S.B. 581)

Prior revisions: 1929 § 11725; 1919 § 12674; 1909 § 11255

Effective 1-01-85

485.077 - Certification of official court reporters required.

1.No judge of any court in this state shall appoint an official court reporter who is not a court reporter certified by the board of certified court reporter examiners, as provided in supreme court rule 14.In the absence of an official court reporter due to illness, physical incapacity, death, dismissal or resignation, a judge may appoint a temporary court reporter, but such temporary court reporter shall not serve more than six months without obtaining a certificate pursuant to the provisions of supreme court rule 14.

2.No testimony taken in this state by deposition shall be given in any court in this state, and no record on appeal from an administrative agency of this state shall include testimony taken in this state by deposition, unless the deposition is prepared and certified by a certified court reporter, except as provided in supreme court rule 57.03(c).

3.Deposition testimony taken outside the state shall be deemed to be in conformity with this section if the testimony was prepared and certified by a court reporter authorized to prepare and certify deposition testimony in the jurisdiction in which the testimony was taken.

4.This section shall not apply to depositions taken in this state in connection with cases not pending in a Missouri state court or administrative agency at the time the deposition was taken.

(L. 2001 S.B. 267 § 476.365, A.L. 2007 S.B. 163, A.L. 2009 H.B. 481)

485.060 - Compensation of reporters.

Each court reporter for a circuit judge shall receive an annual salary of twenty-six thousand nine hundred dollars beginning January 1, 1985, until December 31, 1985, and beginning January 1, 1986, an annual salary of thirty thousand dollars.Such annual salary shall be modified by any salary adjustment provided by section 476.405, payable in equal monthly installments on the certification of the judge of the court or division in whose court the reporter is employed.When paid by the state the salaries of such court reporters shall be paid in semimonthly or monthly installments, as designated by the commissioner of administration.

(RSMo 1939 § 13341, A.L. 1945 p. 741, A.L. 1951 p. 447, A.L. 1955 p. 499, A.L. 1963 p. 667, A.L. 1969 p. 568, A.L. 1975 H.B. 170, A.L. 1978 H.B. 1121 & 1257, H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1982 S.B. 497, A.L. 1984 S.B. 581)

Effective 1-01-85

Revisor's note: Salary adjustment index is printed, as required by § 476.405, in Appendix D.

485.050 - Duties.

It shall be the duty of the official court reporter so appointed to attend the sessions of the court, under the direction of the judge thereof; to take full stenographic notes of the oral evidence offered in every cause tried in said court, together with all objections to the admissibility of testimony, the rulings of the court thereon, and all exceptions taken to such rulings; to preserve all official notes taken in said court for future use or reference, and to furnish to any person or persons a transcript of all or any part of said evidence or oral proceedings upon the payment to him of the fee herein provided.

(RSMo 1939 § 13340)

Prior revisions: 1929 § 11719; 1919 § 12669; 1909 § 11232

485.040 - Judges of circuit courts to appoint reporters — qualifications.

1.For the purpose of preserving the record in all cases for the information of the court, jury and parties, and for expediting the public business, each circuit judge shall appoint an official court reporter who shall be a certified court reporter as provided by Rule 14 of the supreme court.Such court reporter shall be a sworn officer of the court, and shall hold his office during the pleasure of the judge appointing him, and on the death, resignation, or retirement of that judge, the reporter shall retain his office until the judge's successor is elected, or appointed.

2.In lieu of a full-time court reporter, a circuit judge who serves as the judge of the probate division may utilize the services of a court reporter on a part-time basis or may preserve the record in the manner provided in section 478.072.

(RSMo 1939 § 13339, A.L. 1955 p. 499, A.L. 1963 p. 667, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11718; 1919 § 12668; 1909 § 11231

Effective 1-02-79

485.010 - Presiding judge may appoint secretary, additional staff — set salaries — source of funds for salaries.

1.The presiding judge of each circuit may appoint a secretary or other staff personnel to aid the presiding judge in the administration of the judicial business of the circuit.Such secretary and other staff personnel appointed pursuant to the provisions of this section shall serve at the pleasure of the presiding judge.The personnel authorized by this section are in addition to staff support from the circuit clerks, deputy circuit clerks, division clerks, municipal clerks, and any other staff personnel which may otherwise be provided by law.

2.The salary and number of secretarial or other staff personnel shall be established by the presiding judge of the circuit within funds made available for that purpose.Personnel authorized by this section shall be paid from state funds or federal grant moneys which are available for that purpose and not from county funds.

(L. 1978 H.B. 1634)

Effective 1-02-79

(1981) This section does not relieve local governments performing county functions from the responsibility of funding the office of Court Administrator. State ex rel. the Judges for the 22nd Judicial Circuit v. City of St. Louis (Mo. App.), 619 S.W.2d 330.

485.055 - Reporters may be transferred, when — power and rights.

1.Whenever the supreme court makes an order temporarily transferring a circuit judge to a circuit court other than the court to which he was appointed or elected, or whenever any such judge is temporarily transferred or assigned in a manner other than by order of the supreme court, the supreme court, upon written notice from such transferred judge, shall, if the regular reporter is for any reason unavailable and the transfer is deemed necessary, order the temporary transfer of the official court reporter of the court of such transferred judge to accompany the judge and perform all the duties of the official court reporter of the court to which the judge is transferred in the matters heard or considered by the transferred judge while so transferred, and the official court reporter shall perform the same duties, make the same charges for his services, and be subject to the same laws and rules while acting as such transferred reporter as though he were the* regularly appointed official reporter of the court to which he was temporarily appointed.

2.Upon the request made to the supreme court by a circuit judge whose official reporter is absent by reason of illness or physical incapacity, for the transfer of a reporter, the supreme court may, with the consent of the judge appointing him, or without such consent if said judge is absent or incapacitated, order the temporary transfer of another official reporter to said circuit court, and the official reporter shall perform the same duties, make the same charges for his services, and be subject to the same laws and rules while acting as such transferred reporter as though he were the regularly appointed official reporter of the court to which he was temporarily appointed.

3.In all judicial circuits having more than one circuit judge, in the absence or incapacity of one of the judges, the presiding judge may order the court reporter of said absent or incapacitated judge to act as court reporter of another division of said court when he shall deem such action necessary.

(L. 1951 p. 423 § 1, A.L. 1955 p. 499, A.L. 1978 H.B. 1634)

Effective 1-02-79

*Word "the" does not appear in original rolls.

485.075 - Appointment of temporary court reporter, when — compensation — duration.

In the absence of the official reporter of any circuit judge because of illness or physical incapacity to perform his duties, the judge may appoint a temporary reporter, who shall perform the same duties and receive the same compensation as provided for the regular reporter for the time served by the appointee as temporary reporter, to be paid upon certification of the judge making such appointment.No temporary appointment shall continue through more than thirty court days in any calendar year unless so ordered by the supreme court of this state.

(L. 1955 p. 499, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

485.065 - Source of funds for reporter's salary.

The entire salary of each court reporter and the expense of part-time court reporters for circuit judges serving as judges of the probate division as provided in subsection 2 of section 485.040 shall be paid out of the state treasury.