§ 309 — Duty of stenographers in eighth judicial district

§ 309. Duty of stenographers in eighth judicial district. The\nstenographers of the supreme court in the eighth judicial district\nappointed pursuant to section one hundred and fifty-nine of this chapter\nshall report and transcribe opinions for the justices of the supreme\ncourt, when required, without additional compensation, and shall, within\ntwenty days after notice by an attorney or party that he intends to\nappeal, make a case and exceptions or bill of exceptions in a criminal\nor civil action, or that briefs are to be made or arguments prepared in\nan action tried before the court without a jury, file with the clerk of\nthe county in which the venue of such action is laid a transcript of the\nminutes taken by him on such trial together with such notice attached\nthereto. The stenographer shall be entitled to the amount provided by\nthe civil practice law and rules as the same is now or may hereafter be\namended, for each folio of transcript so filed, and such amount shall be\npaid by the treasurer of the county wherein the venue of such action is\nlaid, upon the order of the justice presiding at such trial.\n The attorney giving such notice and the party shall be jointly and\nseverally liable for the amount so paid by the county treasurer for such\ntranscript, unless within six months after the filing of such transcript\nsuch attorney or party shall file with the clerk of the county in which\nthe venue of such action is laid proof by affidavit that an appeal has\nbeen taken in good faith with the intent to prosecute the same, a case\nand exceptions or bill of exceptions in a civil or criminal action has\nbeen made and filed or briefs or arguments have been prepared and made\nin an action tried before the court without a jury. If such affidavit is\nnot filed as aforesaid, the party or his attorney giving such notice\nshall pay to the county treasurer on demand, the amount paid by the said\ntreasurer to the stenographer for such transcript and the treasurer may\nrecover said amount in his name of office, in an action in any court of\ncompetent jurisdiction against said attorney and party. The provisions\nof this section, relating to stenographers making and filing transcripts\nof minutes and the payment therefor by the county treasurer, shall not\napply to transcripts of minutes taken by stenographers in civil actions\nor proceedings tried or heard in Genesee and Erie counties. The fee for\nmaking and filing such transcripts in Genesee and Erie counties shall be\npaid by the attorney or party who shall request such making and filing.\n