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State v. Redfern

Supreme Court of Montana

August 21, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
PASCAL REDFERN, Defendant and Appellant.

ORDER

This Court has issued two previous orders extending the time for production of the necessary transcripts on appeal due to apparent difficulties in communication between Appellant Pascal Redfem and Court Reporter Cerese S. Parker. This order marks the third attempt by this Court to resolve an issue that normally requires no Court involvement.

Parker avers that she "still needs Mr. Redfem to advise Affiant in writing of the dates of any hearings Mr. Redfem wants transcribed. . . . and/or the specific portions of any hearings and the dates of those hearings, and if Mr. Redfem wants to order specific portions of hearings, Affiant needs Mr. Redfem to clarify in writing with specificity the portions he needs, i.e., opening statements, direct examination of a witness, cross-examination of a witness, the entire testimony of a particular witness, closing statements, et cetera."

Redfem responds by affidavit that he "on at least two occasions has specifically mentioned to the court reporter exactly what was needed. Said reporter according to her affidavit wants the appellant to specify dates of the hearing...... yet in her letter of July 23, she clearly mentions the date of the hearing. . . . Appellant is totally confused and perplexed." Redfem adds that "the court reporter failed to respond either by email or by phone to my letter but rather responds by affidavit."

According to her affidavit, Parker is currently taking a long-scheduled vacation that will continue through September 2, 2013. To once again attempt to facilitate a resolution, the following schedule is ordered:

By Friday, August 30, 2013, Redfem will identify, in writing, the specific portions of the transcript he is requesting and provide the same to Parker. By Friday, September 6, 2013, Parker will provide to Redfem, in writing, an estimate of the cost of preparing the requested transcripts. By Friday, September 13, 2013, Redfem will transfer the necessary funds for transcript preparation to Parker. By Friday, September 27, 2013, Parker will provide the requested transcripts.

The parties are encouraged to communicate directly with each other in order to work out any questions or logistical problems that may arise. If this procedure fails to produce the necessary transcripts, the Court will consider appropriate sanctions.

IT IS SO ORDERED.


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