Amended in Assembly April 29, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 648


Introduced by Assembly Member Jones-Sawyer

February 21, 2013


An act to amend Section 68086 of the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 648, as amended, 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.begin insert For each proceeding lasting more than one hour, a fee equal to the actual cost of providing that service is required to be charged end insertbegin insertper end insertbegin insert12end insertbegin insert day of services to the parties, on a pro rata basis.end insert 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 requirebegin delete the charge of a fee of $30end deletebegin insert,end insert for each proceeding lasting one hour or lessbegin delete in a civil action or case to offset the costs of the services of official court reporters in civil proceedingsend deletebegin insert, the $30 fee to be charged only to the party, or partiesend insertbegin insert if filing jointly, that filed the paper that resulted in the proceeding being scheduledend insert. begin deleteThe 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.end deletebegin insert The bill would require the fee to be charged onceend insertbegin insert per caseend insertbegin insert for all proceedings conducted within the same hour if the total time taken by those proceedings is one hour or less.end insert 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 feesbegin delete, upon appropriation by the Legislature,end delete back to the courts in which the fees were collected.begin insert The bill would waive the fees for a person who has been granted a fee waiver.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 68086 of the Government Code is
2amended to read:

3

68086.  

The following provisions apply in superior court:

4(a) In addition to any other fee required in civil actions or cases:

5(1) For each proceeding lasting one hour or less, a fee of thirty
6dollars ($30) shall be chargedbegin delete to offsetend deletebegin insert forend insert thebegin delete costsend deletebegin insert reasonable
7costend insert
of the services of official court reporters in civil proceedings
8pursuant to Section 269 of the Code of Civil Procedure.

begin delete

9(A) Each party that files papers that require the scheduling of
10a proceeding described in this paragraph shall pay the fee,
11regardless of whether the party requests the presence of a court
12reporter. The fee shall be paid for each separate proceeding,
13regardless of whether the proceedings are scheduled at the same
14time on the same calendar. For case management conferences,
15mandatory settlement conferences, and other proceedings initiated
16by the court, the fee shall be paid by the party requesting a court
17reporter.

18(B) The court shall require the fee to be paid at the time the
19party files its papers or no later than the conclusion of the court
20session on the day of the proceeding. The fee shall be
21nonrefundable unless, due to unforeseen circumstances, the court
22is unable to provide a court reporter at the scheduled proceeding.

end delete
begin insert

23(A) The fee shall be charged only to the party, or parties if filing
24jointly, that filed the paper that resulted in the proceeding being
25scheduled.

end insert
begin insert

P3    1(B) All parties paying the fee shall deposit the fee with the clerk
2of the court as specified by the court, but not later than the
3conclusion of each day’s court session.

end insert
begin insert

4(C) The fee shall be charged once per case for all proceedings
5conducted within the same hour if the total time taken by those
6proceedings is one hour or less. If the total time taken exceeds one
7hour, the fee shall be charged and collected pursuant to paragraph
8(2).

end insert
begin delete

9(C)

end delete

10begin insert(end insertbegin insertD)end insert The fees shall be deposited into the Trial Court Trust Fund
11andbegin delete, upon appropriation by the Legislature,end delete distributed back to the
12courts in which the fees were collectedbegin insert on a dollarend insertbegin insert-forend insertbegin insert-dollar basisend insert.

begin insert

13(E) The fee shall be refunded to the remitting party or parties
14if no court reporting services were provided at the scheduled
15proceeding.

end insert

16(2) For each proceeding lasting more than one hour, a fee equal
17to the actual cost of providing that service shall be charged per
18one-half day of services to the parties, on a pro rata basis, for the
19services of an official court reporter on the first and each
20succeeding judicial day those services are provided pursuant to
21Section 269 of the Code of Civil Procedure.

begin delete

22(b)

end delete

23begin insert(end insertbegin insertA)end insert All parties shall deposit their pro rata shares of these fees
24with the clerk of the court as specified by the court, but not later
25than the conclusion of each day’s court session.

begin delete

26(c)

end delete

27begin insert(end insertbegin insertB)end insert For purposes of thisbegin delete sectionend deletebegin insert paragraphend insert, “one-half day”
28means any period of judicial time, in excess of one hour, but not
29more than four hours, during either the morning or afternoon court
30session.

begin insert

31(b) The fee shall be waived for a person who has been granted
32a fee waiver under Section 68631.

end insert
begin delete

33(d)

end delete

34begin insert(end insertbegin insertc)end insert The costs for the services of the official court reporter shall
35be recoverable as taxable costs by the prevailing party as otherwise
36provided by law.

begin delete

37(e)

end delete

38begin insert(end insertbegin insertd)end insert The Judicial Council shall adopt rules to ensure all of the
39following:

P4    1(1) That parties are given adequate and timely notice of the
2availability of an official court reporter.

3(2) That if an official court reporter is not available, a party may
4arrange for the presence of a certified shorthand reporter to serve
5as an official pro tempore reporter, the costs therefor recoverable
6as provided in subdivisionbegin delete (d)end deletebegin insert (c)end insert.

7(3) That if the services of an official pro tempore reporter are
8utilized pursuant to paragraph (2), no other charge shall be made
9to the parties.

begin delete

10(f)

end delete

11begin insert(end insertbegin inserte)end insert The fees collected pursuant to this section shall be used only
12to pay the cost for services of an official court reporter in civil
13proceedings.

begin delete

14(g) It is the intent of the Legislature to provide an incentive for
15 courts to use the services of an official court reporter in civil
16proceedings.

17(h)

end delete

18begin insert(end insertbegin insertf)end insert The Judicial Council shall report on or before February 1 of
19each year to the Joint Legislative Budget Committee on the fees
20collected by courts pursuant to this section and Section 68086.1
21and on the total amount spent for services of official court reporters
22in civil proceedings statewide in the prior fiscal year.



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