Opinion
2003-1671.
June 22, 2005.
Marion App. No. 9-02-52, 2003-Ohio-4162. Reported at 103 Ohio St.3d 89, 2004-Ohio-4354, 814 N.E.2d 55.
RECONSIDERATION OF PRIOR DECISIONS
On motion for reconsideration. The motion for reconsideration is granted to the following extent:
The opinion announced on September 8, 2004, is clarified as follows:
New ¶¶ 19-20 are added:
{¶ 19} Moreover, for the reasons stated herein, a party to an action may not circumvent payment to the official court reporter of the fees designated by the court pursuant to R.C. 2301.24 for a copy of a transcript of proceedings in that action by requesting a certified copy of that transcript from the clerk of the court pursuant to R.C. 2303.20(Z). However, a party to an action may freely inspect, without copying, transcripts of proceedings in that action that are filed as part of the public court file, as permitted by R.C. 149.43(B).
{¶ 20} Therefore, we affirm the judgment of the court of appeals as to relator's right to inspect transcripts of proceedings to which relator is a party, reverse as to relator's right to obtain photocopies of such transcripts at cost pursuant to R.C. 149.43(B) or to obtain certified copies thereof pursuant to R.C. 2303.20(Z) without payment of the designated fee to the court reporter, and affirm as to relator's right to obtain copies of audiotapes.
LANZINGER, J., not participating.