C.r.c.p. 80
C.r.c.p. 80
[1] C.R.C.P. 80 has been repealed as Chief Justice Directive 05-03 entitled, Management Plan for Court Reporting and Recording Services, addresses matters related to court reporters in District Court matters.
Annotation Law reviews. For article, "Court Administration and General Provisions: Rules 77-85 ", see 23 Rocky Mt. L. Rev. 599 (1951). For article, "One Year Review of Criminal Law and Procedure", see 36 Dicta 34 (1959). This rule is for the benefit of the litigants. Schleiger v. Schleiger, 137 Colo. 279, 324 P.2d 370 (1958). It is mandatory only in the sense that a court cannot proceed to trial without a reporter against the wishes of the parties. Schleiger v. Schleiger, 137 Colo. 279, 324 P.2d 370 (1958). When both parties proceed to trial without a court reporter, there is a waiver by them of the requirement of section (a) of this rule, and neither party can later be heard to complain of lack of a transcript. Schleiger v. Schleiger, 137 Colo. 279, 324 P.2d 370 (1958). A party cannot assert that his attorney proceeded to hearing in the absence of a court reporter without his consent, and that he can raise this issue at any time, for clearly no written stipulation is required for waiver and it must be presumed that his attorney proceeded knowingly, as it is within the scope of his counsel's employment to try a case as his best judgment dictates, and his client is bound by the course of procedure adopted in the trial of a case. Schleiger v. Schleiger, 137 Colo. 279, 324 P.2d 370 (1958). Court is not required to provide reporter for default judgments. The general rule providing that the district court shall direct that evidence be taken stenographically unless the parties stipulate to the contrary must give way to the specific rule governing the entry of default judgments, so while it may be better practice to have a reporter present when testimony is offered prior to the entry of a default judgment, C.R.C.P. 55(b) does not require it. Orebaugh v. Doskocil, 145 Colo. 484, 359 P.2d 671 (1961). A certified transcript is admissible as official record. A reporter certified transcript of a previous trial is, if properly certified, tendered within the scope of the applicable rules, and relevant, admissible as an official record of the same court after a proper foundation is laid. Wasinger v. Miller, 154 Colo. 61, 388 P.2d 250 (1964). Where stenographic notes of an annexation hearing were made by a reporter who attended the hearing and died shortly thereafter, and the notes were transcribed and certified by a different reporter even though the certification was not made by the attending reporter, there was no failure of compliance with this rule and § 31-12-109(2). Bd. of County Commr's v. City & County of Denver, 37 Colo. App. 395, 548 P.2d 922 (1976). Although trial judge had power and obligation to assure that records and reporter's notes in dissolution of marriage action were preserved by the clerk for an extended period of time and to enter any order with respect to those records and notes, the trial court was not required to enter an order obligating itself to preserve such records. In re Smith, 757 P.2d 1159 (Colo. App. 1988).
For supreme court reporters and other employees of the supreme court, see § 13-2-111 , C.R.S.