Allgood, 020680 MSAGO, 19800206

• Case Date: February 06, 1980
• Court: South Carolina

Honorable Forrest Allgood No. 19800206 Mississippi Attorney General Opinions February 6, 1980          Honorable Forrest Allgood          Office of the District Attorney          Post Office Box 891          Starkville, Mississippi 39759          Dear Mr. Allgood:          Attorney General Bill Allain has received your opinion request of January 25, 1980, and has assigned it to me for reply. In your letter you state:

         “We are having difficulty in this district with lawyers giving their notices of appeal to the Court Reporters late. In a recent case, two Court Reporters were involved. One Court Reporter actually transcribed the trial; another Court Reporter transcribed a pretrial motion. The Court Reporter who transcribed the trial was given her notice of appeal within the time prescribed by law; which is as I understand it, 55 days (45 days to perfect the appeal and 10 days to give notice to the Court Reporter after perfection of appeal). However, notice was not given to the Court Reporter who transcribed the pre-trial motion until a good 75 or 80 days later. She called the Supreme Court and a clerk there told her that she would be required to get an order giving her an additional 30 days to prepare her transcript of the motion.          It appears to me that this is incorrect. The law gives her 60 days to prepare her transcript. She has been given no notice and now she only has 30 days to prepare this transcript. There is no extension of time involved if she is never given any time to begin with.          In another case, an attorney waited 60 days before he ever gave the Court Reporter the first notice of appeal. She has flatly refused to transcribe the appeal.          We would like your opinion on these matters. If we are laboring under a misapprehension of the law, we'd like to be corrected. It seems to me that the Code is plain.”

         Section 11-51-5 of the Mississippi Code, Annotated, 1972, as amended, sets the time for perfection of appeals at forty-five days. Section 9-13-33 of...