AB 648, as introduced, Jones-Sawyer. Court reporters.
Existing law requires the charge of an official court reporter fee, in addition to any other fee required in civil actions or cases. For each proceeding lasting less than one hour, a fee of $30 is required to be charged for the reasonable cost of the services of an official court reporter. Fees collected pursuant to this provision may be used only to pay for services of an official court reporter in civil proceedings.
This bill would require the charge of a fee of $30 for each proceeding lasting one hour or less in a civil action or case to offset the costs of the services of official court reporters in civil proceedings. The bill would require each party that files papers that require the scheduling of a proceeding lasting less than one hour to pay the fee, regardless of whether the party requests the presence of a court reporter. The bill would require the fee to be paid for each separate proceeding, regardless of whether the proceedings are scheduled at the same time on the same calendar. The bill would provide for the deposit of the fees collected into the Trial Court Trust Fund and would provide for the distribution of those fees, upon appropriation by the Legislature, back to the courts in which the fees were collected.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 68086 of the Government Code is
2amended to read:
begin delete(a)end deletebegin delete end deleteThe following provisions apply in superior court:
4(1)
end delete5begin insert(a)end insert In addition to any other fee required in civil actions or cases:
6(A)
end delete
7begin insert(1)end insert For each proceeding lastingbegin delete less thanend delete one hourbegin insert or lessend insert, a fee
8of thirty dollars ($30) shall be chargedbegin delete for the reasonable costend deletebegin insert to
9offset the costsend insert of the services ofbegin delete anend delete official courtbegin delete reporterend deletebegin insert
reporters
10in civil proceedingsend insert pursuant to Section 269 of the Code of Civil
11Procedure.
12(A) Each party that files papers that require the scheduling of
13a proceeding described in this paragraph shall pay the fee,
14regardless of whether the party requests the presence of a court
15reporter. The fee shall be paid for each separate proceeding,
16regardless of whether the proceedings are scheduled at the same
17time on the same calendar. For case management conferences,
18mandatory settlement conferences, and other proceedings initiated
19by the court, the fee shall be paid by the party requesting a court
20reporter.
21(B) The court shall require the fee to be paid at the time the
22party files its papers or no later than the conclusion of the court
23session on the day of the
proceeding. The fee shall be
24nonrefundable unless, due to unforeseen circumstances, the court
25is unable to provide a court reporter at the scheduled proceeding.
26(C) The fees shall be deposited into the Trial Court Trust Fund
27and, upon appropriation by the Legislature, distributed back to
28the courts in which the fees were collected.
29(B)
end delete
30begin insert(2)end insert For each proceeding lasting more than one hour, a fee equal
31to the actual cost of providing that service shall be charged per
32one-half day of services to the parties, on a pro rata basis, for the
33services of an official court reporter on the first and each
34succeeding judicial day those services are
provided pursuant to
35Section 269 of the Code of Civil Procedure.
36(2)
end delete
P3 1begin insert(b)end insert All parties shall deposit their pro rata shares of these fees
2with the clerk of the court as specified by the court, but not later
3than the conclusion of each day’s court session.
4(3)
end delete
5begin insert(c)end insert For purposes of this section, “one-half day” means any period
6of judicial time, in excess of one hour, but not more than four
7hours, during either the morning or afternoon court session.
8(4)
end delete
9begin insert(d)end insert The costs for the services of the official court reporter shall
10be recoverable as taxable costs by the prevailing party as otherwise
11provided by law.
12(5)
end delete
13begin insert(e)end insert The Judicial Council shall adopt rules to ensure all of the
14following:
15(A)
end delete
16begin insert(1)end insert That parties are given adequate and timely notice of the
17availability of an
official court reporter.
18(B)
end delete
19begin insert(2)end insert That if an official court reporter is not available, a party may
20arrange for the presence of a certified shorthand reporter to serve
21as an official pro tempore reporter, the costs therefor recoverable
22as provided inbegin delete paragraph (4)end deletebegin insert subdivision (d)end insert.
23(C)
end delete
24begin insert(3)end insert That if the services of an official pro tempore reporter are
25utilized pursuant tobegin delete subparagraph (B)end deletebegin insert paragraph (2)end insert, no other
26charge shall be made to the parties.
27(b)
end delete
28begin insert(f)end insert The fees collected pursuant to this section shall be used only
29to pay the cost for services of an official court reporter in civil
30proceedings.
31(g) It is the intent of the Legislature to provide an incentive for
32
courts to use the services of an official court reporter in civil
33proceedings.
34(c)
end delete
35begin insert(h)end insert The Judicial Council shall report on or before February 1
36of each year to the Joint Legislative Budget Committee on the fees
37collected by courts pursuant to this section and Section 68086.1
P4 1and on the total amount spent for services of official court reporters
2in civil proceedings statewide in the prior fiscal year.
O
99