Page:United States Statutes at Large Volume 79.djvu/659

 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 AN ACT

September 2, 1965

To amend section 753(b) of title 28, United States Code, to provide for the recording of proceedings in the United States district courts by means of electronic sound recording as well as by shorthand or mechanical means.

[H. R. 3997]

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the first three U.S. district courts. paragraphs of subsection (b) of section 753 of title 28, United States ""Recording of Code, are amended to read as follows: ^^'iV^flr^Z "One of the reporters appointed for each such court shall attend 62 Stat. 9 2 1. 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 augmented by electronic sound recording subject to regulations promulgated 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 shorthand 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.

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