Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 215-H.F.No. 346 
                  An act relating to courts; requiring disclosure of 
                  contracting arrangements for freelance court reporting 
                  services; regulating certain services; proposing 
                  coding for new law in Minnesota Statutes, chapter 486. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [486.10] [FREELANCE COURT REPORTERS; DISCLOSURE 
        OF FINANCIAL ARRANGEMENTS.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Court reporting firm" means a business that provides 
        services of freelance court reporters. 
           (c) "Freelance court reporter" means an officer who 
        captures and transcribes verbatim legal proceedings and who is 
        authorized to administer oaths to witnesses.  Freelance court 
        reporter does not include a court reporter while working in a 
        courtroom setting as an employee of the court.  
           (d) "Contract or agreement" means a contract or agreement, 
        whether oral or written, for court reporting services between a 
        freelance court reporter or court reporting firm and an 
        attorney, law firm, party to a legal proceeding, or party having 
        a financial interest in a legal proceeding that provides for 
        ongoing court reporting services not limited to a particular 
        case or reporting incident. 
           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 provided.  Oral 
        disclosure of a contract or agreement must be made on the record 
        by the court reporter at the commencement of the legal 
        proceeding. 
           (b) A freelance court reporter: 
           (1) shall treat all parties to an action equally, providing 
        comparable services to all parties; 
           (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. 
           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 may 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 with reconducting 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. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:45 a.m.