Probate Practice and Procedure

Practice in Probate Courts

SECTION 33-22-19.1

§ 33-22-19.1. Record of probate court proceedings.

(a) At the request of any party thereto, or at the request of the probate judge presiding thereat, any proceedings held in probate court shall be recorded by the probate clerk, by either electronic or stenographic means (the means utilized to be determined by the probate clerk), which means are reasonably designed to produce a true and accurate verbatim transcription of such proceedings.

(b) This section shall not be construed to prohibit a party from privately recording or transcribing any probate court proceeding at his or her own expense, which private recording or transcript shall not be deemed part of the record of proceedings unless admitted by the probate court into evidence as an exhibit, ordered by the probate court or stipulated to by the parties. Nothing contained herein shall preclude a party from purchasing a transcript from the stenographer. This section shall not be construed as requiring a party to record or transcribe the proceeding in order to take an appeal to superior court.

(c) No city or town shall be obligated to assist a party to produce a written or typed transcription from any proceeding other than in instances where an appeal is claimed pursuant to the provisions of § 33-23-1 et seq. In the event such an appeal is claimed, the appellant shall be responsible for all transcription costs. If the city or town utilizes electronic means to record proceedings, the probate clerk shall, upon request, provide the appellant's stenographer with accommodations to transcribe the original tape recording on site or provide a true copy thereof to permit transcription off site. Physical possession of the original recording or transcription notes shall remain with the probate court unless otherwise ordered by the superior court. The written transcript and electronic recording shall be deemed a public record.

History of Section.
(P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.)