Minnesota Legislature
SF 2078
as introduced - 89th Legislature (2015 - 2016) Posted on 10/08/2015 02:16pm
Current Version - as introduced
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A bill for an act
relating to courts; requiring court reporters and court reporting firms to charge
all parties the same rate for copies of a transcript; amending Minnesota Statutes
2014, section 486.10, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 486.10, subdivision 2, is amended to read:
Subd. 2.
Disclosure; court reporter requirements; objections.
(a) The existence
of a contract ornew text begin an exclusivenew text end agreementnew text begin with a court reporter or court reporting firmnew text end 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 reporternew text begin or court reporting firmnew text end :
(1) shall treat all parties to an action equally, providing comparable services to
all parties;
new text begin
(2) shall charge the same rate for copies of the same transcript to all parties according
to Minnesota Rules of Civil Procedure, rule 30.06;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end may not act as an advocate for any party or act partially to any party to
an action; and
deleted text begin (3)deleted text end new text begin (4)new text end 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to legal
proceedings commencing on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2014, section 486.10, subdivision 3, is amended to read:
Subd. 3.
Remedies.
new text begin Through objection by a party to the proceedings and new text end upon
the court's or presiding officer's deleted text begin learningdeleted text end new text begin determinationnew text end of a violation of subdivision 2,
paragraph (a), the court or presiding officer maynew text begin : (1)new text end declare that the record for which the
court reporting services were provided is void and may order that the legal proceeding be
reconductednew text begin ; or (2) impose sanctions against the party violating subdivision 2, paragraph
(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
the violationnew text end . new text begin If the legal proceedings are reconducted, the new text end parties who deleted text begin violatedeleted text end new text begin violatednew text end
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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to legal
proceedings commencing on or after that date.
new text end