Except where leave to proceed in forma pauperis has been granted, an attorney who files a motion for new trial, or a notice of appeal which specifies that the transcript of evidence or hearing shall be included in the record, shall be personally responsible for compensating the court reporter for the cost of transcription. The filing of such motion or notice shall constitute a certificate by the attorney that the transcript has been ordered from the court reporter. The filing of such motion or notice prior to ordering the transcript from the reporter shall subject the attorney to disciplinary action by the court.
Rule 41.3.Transcript Costs
Rule 41. MOTIONS FOR NEW TRIAL · Last amended 2019 · Last verified July 17, 2026
In one sentenceRule 41.3 makes the filing attorney personally responsible for paying the court reporter’s transcription costs when filing a motion for new trial or a notice of appeal that includes the transcript, treats the filing itself as certification that the transcript was already ordered, and subjects an attorney who files before ordering to discipline.
Full Text of Rule 41.3
Plain-English Summary
Rule 41.3 puts financial responsibility for transcript costs on the attorney, not the client or the court, whenever a motion for new trial or a notice of appeal calls for a transcript to be part of the record. Unless a party has been granted leave to proceed in forma pauperis, the filing attorney is personally on the hook for paying the court reporter for the transcription work.
The rule ties that financial responsibility to an honesty requirement. Filing the motion or notice alone counts as the attorney certifying that the transcript has already been ordered from the reporter. That certification is not optional or symbolic — filing before placing the order exposes the attorney to disciplinary action by the court.
Together, these two pieces prevent a common source of appellate delay: attorneys filing paperwork that references a transcript nobody has arranged to have prepared. By pairing personal financial liability with a certification requirement enforced through discipline, the rule gives attorneys a direct incentive to order the transcript before, not after, they file.
Frequently Asked Questions
Who is financially responsible for the court reporter’s transcription costs?
The attorney who files the motion for new trial or the notice of appeal specifying that the transcript be included in the record is personally responsible for compensating the court reporter, unless leave to proceed in forma pauperis has been granted.
What does filing a motion for new trial or notice of appeal certify under Rule 41.3?
The filing constitutes a certificate by the attorney that the transcript has been ordered from the court reporter.
What happens if an attorney files before ordering the transcript?
The attorney is subject to disciplinary action by the court.
Does Rule 41.3 apply if the party has in forma pauperis status?
No, the personal responsibility for transcript costs does not apply where leave to proceed in forma pauperis has been granted.
Does the transcript cost responsibility apply to every notice of appeal?
It applies to a notice of appeal that specifies the transcript of evidence or hearing is to be included in the record, not to every notice of appeal generally.
Amendment History
Amended effective January 1, 2019.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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