In Re Millsap

California Court of Appeal Oct 31, 1925 No. Docket No. 5182.Published

Before: Curtis

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Holding. The court denied the petitioner's request to omit exhibits from the reporter's transcript, holding that it lacks the authority to vary the statutory requirements of Section 953a of the Code of Civil Procedure, which mandates the inclusion of copies of all writings offered or received in evidence.

Issues

Whether the court has the authority to order the exclusion of exhibits from a reporter's transcript prepared under Section 953a of the Code of Civil Procedure.
Whether Rule XXV of the Supreme Court allows for the omission of exhibits from the transcript if the originals are transmitted to the appellate court.

Disposition. Denied

Quotations verified verbatim against the opinion

“We know of no provisions of law giving to this court any authority or power to vary the express provisions of this section of the code”

“The plain provisions of this section require that copies of all writings offered and received in evidence shall be included in the reporter’s transcript.”

“Without such a stipulation any order made by this court would, in our opinion, be illegal and void.”

CURTIS, J.

According to the petition filed herein the appellant, petitioner, herein, was by a judgment of the superior court of the county of Los Angeles disbarred from the practice of law in the state of California, and has appealed from said judgment of disbarment; that during the trial of said proceeding in said superior court a large number of written instruments and documents were admitted in evidence as exhibits in said proceeding, and that it will cost approximately the sum of $350 to have said exhibits transcribed and made a part of the record on ap

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peal herein. Petitioner therefore asks for an order of this court that he be relieved from having said exhibits transcribed, and that this court direct the clerk of said superior court to produce and file said original exhibits in this court, to be used at the hearing of said appeal. The attorneys of the bar association, instituting said proceedings of disbarment against appellant, have appeared and objected to the granting of said order.

The appeal was taken under section 953a of the Code of Civil Procedure, and petitioner has filed with the clerk of said trial court his notice of appeal and notice demanding clerk’s transcript and stenographic report of the trial as required by said section. By said section it is provided that “the stenographic reporter shall . . . prepare a transcript of the phonographic report of the trial, including therein copies of all writings offered or received in evidence.” It will thus be seen that by the terms of this section it is made the duty of the reporter to include in the transcript prepared by him copies of all writings offered or received in evidence. We know of no provisions of law giving to this court any authority or power to vary the express provisions of this section of the code, or to control in any manner the action of the reporter in preparing said transcript by directing him to exclude therefrom any portion of the proceedings of said trial. This section of the code has determined the duty of the reporter in this respect. The examination and certification of the reporter’s transcript is a function of the trial judge.

(Martin

Pacific etc. Co.,

In Re Millsap

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CURTIS, J.

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