Opinion
361813
07-27-2022
In re Conservatorship/Guardianship of Larry John Pobanz
LC Nos. 19-041808-GA; 19-041809-CA
Michael F. Gadola Presiding Judge Stephen L. Borrello Brock A. Swartzle Judges
ORDER
The motion to compel court recorder Kayla R. Beaver to transcribe the April 6, 2022 transcript is DENIED. MCL 600.1492(1)(a) defines as a duty of a court reporter or recorder to "[d]eliver a transcript . . . as determined by law, by court order, or by agreement of the parties" (emphasis added). Accordingly, the trial court has authority to reassign responsibility for preparation of the transcript of a hearing to a different court reporter or recorder than the one who was present at the relevant hearing. But we note that it is the trial court's responsibility to find a replacement court reporter or recorder for Ms. Beaver as to preparing a transcript of the April 6, 2022 hearing and that appellant may not be charged more than the statutory rate under MCL 600.2543 for preparation of the transcript.
The Clerk's Office shall send a copy of this order to the trial court judge. Presiding Judge