Is it possible to subpoena transcripts from a court reporter for a criminal investigation without having to pay for them--similar to how law enforcement subpoenas from companies and is not required to pay for it?

The question has come up because testimony in one trial created the basis for a completely new, unrelated case--can law enforcement request a subpoena like any other paperwork in an investigation, or does my office have to order the transcript and pay for it and then pass it along to law enforcement?

"Ownership" of the transcribed testimony is a hot topic right now. There's at least one bill pending in the Legislature that would change how court reporters are compensated for transcribing testimony, and this op-ed recently appeard in the Dallas Morning News:

Opinion: Court Reporters are Cleaning Up

Reporters should not charge to transcribe testimony they have already transcribed. So if there was a transcript made for the purposes of an appeal, you should be fine. If it is a particularly burdensome request, my reporter may charge a per page copy fee, but this is a fraction of the cost.

However, if this is not the case, then I think your subpoena method will fail. My understanding of the law is that the reporter would only be compelled to produce a copy of her/his notes, and not an actual transcribed copy. This would get you nowhere, unless you know how to read those little marks and symbols.

Additionally, rest assured the subpoena method will likely remove you from her Christmas list.

Yes, I think you are right.

I don't want to cut our reporter out of money that every other reporter gets....I just feel a little strange ordering a transcript and then asking law enforcement to file a case based upon court proceedings (not the normal route for filing a case). Then I feel like I am becoming a fact witness involved in the investigation...

And then my office is paying for investigation of a criminal case....seems like it's not a precedent we want to start, but I doubt the law enforcement agencies have budgets for transcripts!

I understand your concern.

What about having your law enforcement agency begin its own investigation without the transcript? Perhaps they can obtain enough evidence on their own. Will your complaining witness/victim make the call to law enforcement? Were any members of law enforcement present in the courtroom during the testimony and they could initiate the investigation?

As to your comment on unwanted precedent, think about the situation of someone committing Aggravated Perjury. Prosecutors generally witness that either during a grand jury proceeding or a trial. Your scenario would make us a fact witness in that case too. However, we successfully prosecute those cases all the time without any sort of conflict.

Good luck.

Good points. Thank you...