January 22, 1975
Mr. James V. Guffey
Department of Commerce and
Consumer Affairs
Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-3
Does the term "reported" in SDCL 20-13-37 necessitate the use of a court reporter or is the tape recording and stenographic transcription of hearings by competent and qualified individuals acceptable to all parties sufficient to satsify this statutory requirement?
Dear Mr. Guffey:
You have asked for an official opinion as to whether or not SDCL 20-13-37 requires the use of a court reporter.
In my opinion, the requirement of SDCL 20-13-37 that testimony be "reported" requires only that the testimony be recorded, which, in my view, does not mandate stenographic court reporting.
Recording testimony is commonly done by stenographic court reporters, but in the absence of a specific statutory requirement of such reporting procedures under SDCL 20-13-37, it is my view that other recording procedures such as use of a tape recording, which can be transcribed later if necessary would also be allowable. Certainly a primary purpose of SDCL 20-13-37 is to provide and preserve an accurate record of the testimony given at a hearing. Use of a tape recorder will provide an acceptable means of attaining this goal.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:DOC:rw
