December 31, 2013
STATE OF MONTANA, Plaintiff and Appellee,
DONALD WAYNE PULST, Defendant and Appellant.
On December 17, 2013, Chief Appellate Defender Wade Zolynski, for the Office of Appellate Defender (hereinafter OAD), filed a Motion to Compel Court Reporter to Produce Transcripts. In its motion, OAD asks that we issue an Order compelling court reporter Robyn Harrell to produce transcripts in the captioned matter from a November 1, 2012 motions hearing, and from two days of a jury trial. The transcripts were due to be filed on October 11, 2013; however, on September 25, 2013, Harrell received a 45-day extension from the district court judge whom she serves, through November 10, 2013. OAD represents that its office has contacted Harrell on several occasions and she has promised to produce the transcripts. As of the date of this Order, the transcripts have still not been filed. Accordingly,
IT IS HEREBY ORDERED:
1. On or before January 17, 2014, Harrell shall file with the Clerk of this Court and serve upon OAD the transcript for the November 1, 2012 motions hearing, and the jury trial transcripts of January 7 and 8, 2013, in the captioned matter.
2. Should Harrell fail to file the transcripts within the time allotted, an Order to Show Cause as to why Harrell shall not be held in contempt of Court will issue.
IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon all counsel of record, upon Pulst at his last known address, and upon Robyn Harrell at 710 12th Avenue, Havre, MT 59501-4245 or by email.