Full question:
How does an inmate declare indigency for the purposes of getting transcripts of his trial? We are being quoted almost $700 for just the motion hearing transcript. His attorney abandoned him after the trial and we are trying to get another attorney but he needs the transcripts to evaluate the case. We have been told and the law declares that if the person is indigent, they are entitled to one copy of the transcript free.
- Category: Courts
- Date:
- State: Georgia
Answer:
In general, the U.S. Supreme Court has ruled that a state is not required to provide a transcript for every indigent defendant. However, if a transcript is necessary for a proper review of a conviction, it must be provided free of charge to an indigent defendant. The state must demonstrate that a partial transcript or an alternative is sufficient if the appeal grounds indicate a legitimate need for a complete transcript.
For civil cases, free transcripts are rarely available, except in special situations, such as cases involving parental rights termination. An indigent civil appellant is not entitled to a full transcript at public expense. However, they may receive accommodations when proceeding in forma pauperis. This allows them to create a statement of the evidence based on their recollection, which the trial court must then approve and include in the record.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.