Minnesota Legislature
SF 1408
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:06am
Current Version - as introduced
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A bill for an act
relating to judiciary; modifying certain disclosure requirements for freelance
court reporters; amending Minnesota Statutes 2010, section 486.10, subdivisions
2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 486.10, subdivision 2, is amended to read:
Subd. 2.
Disclosure; court reporter requirements; objections.
(a) The existence
of a contract or agreement for court reporting services must be disclosed as provided by
this paragraph. Written notice of a contract or agreement must be included in the notice
of taking deposition or the notice of legal proceeding before commencement of a legal
proceeding at which court reporting services are being provideddeleted text begin .deleted text end new text begin andnew text end oral disclosure
of a contract or agreement must be made on the record by the court reporter at the
commencement of the legal proceedingnew text begin to constitute legal disclosurenew text end .
(b) A freelance court reporter:
(1) shall treat all parties to an action equally, providing comparable services to all
partiesnew text begin and charging all parties equally for services receivednew text end ;
(2) may not act as an advocate for any party or act partially to any party to an
action; and
(3) shall comply with all state and federal court rules that govern the activities
of court reporters.
(c) An attorney shall state the reason for the objection to the provision of court
reporting services by a freelance court reporter or court reporting firm and shall note
the objection and the reason on the record.
Sec. 2.
Minnesota Statutes 2010, section 486.10, subdivision 3, is amended to read:
Subd. 3.
Remedies.
Upon the court's or presiding officer's learning of a violation
of subdivision 2, paragraph (a), the court or presiding officer deleted text begin maydeleted text end new text begin shallnew text end declare that the
record for which the court reporting services were provided is void and may order that
the legal proceeding be reconducted. Parties who violate subdivision 2, paragraph (a),
are jointly and severally liable for costs associated withnew text begin thenew text end reconductingnew text begin ofnew text end the legal
proceeding and preparing the new record. Costs include, but are not limited to, attorney,
witness, and freelance court reporter appearance and transcript fees.