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. For each proceeding lasting more than one hour, a fee equal to the actual cost of providing that service is required to be charged per 1⁄2 day of services to the parties, on a pro rata basis. 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, for each proceeding anticipated to last one hour or less, the $30 fee to be charged to the party, or parties if
filing jointly, that filed the paper that resulted in the proceeding being scheduled. The bill would require, if no fee is charged, and another party subsequently requests a court reporter, that the requesting party be charged a fee ifbegin delete the court determines thatend delete a court reporterbegin delete willend deletebegin insert is toend insert be providedbegin insert by the courtend insert. The bill would require the fee to be charged once per case for all proceedings conducted within the same hour if the total time taken by those proceedings is one hour or less. The bill would provide for the deposit of the fee collected into the Trial Court Trust Fund and would provide for the distribution of the fee back
to the court from which the fee was collected, thereby making an appropriation. The bill would waive the fee for a person who has been granted a fee waiver.
Vote: majority. Appropriation: yes. Fiscal committee: yes. 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:
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 anticipated to last one hour or less, a
6fee of thirty dollars ($30) shall be charged for the reasonable cost
7of the court reporting servicesbegin delete of an official court reporter that is begin insert provided at the expense of the court by an
8provided by the courtend delete
9official court reporterend insert pursuant to Section 269 of the Code of Civil
10Procedure.
11(A) The fee shall be charged to the party, or parties if filing
12jointly, that filed the paper that resulted in the proceeding being
13scheduled. If no feebegin delete isend deletebegin insert has beenend insert charged, and another party
14subsequently requests a court reporter, that party shall be charged
15the fee ifbegin delete the court determines thatend delete a reporterbegin delete willend deletebegin insert is toend insert be provided
16begin insert by the courtend insert.
17(B) All parties paying the fee shall deposit the fee with the clerk
18of the court as specified by the court, but not later than the
19conclusion of each day’s court session.
20(C) The fee shall be charged once per case for all proceedings
21conducted within the same hour if the total time taken by those
22proceedings is one hour or less. If the total time taken exceeds one
23hour, the fee shall be charged and collected pursuant to paragraph
24(2).
25(D) The fee shall be deposited into the Trial Court Trust Fund
26and distributed back to the court from which the fee was collected
27on a dollar-for-dollar basis.
P3 1(E) The fee shall be refunded as soon as practicable to the
2remitting
party or parties if no court reporting services were
3provided.
4(2) For each proceeding lasting more than one hour, a fee equal
5to the actual cost of providing that service shall be charged per
6one-half day of services to the parties, on a pro rata basis, for the
7services of an official court reporter on the first and each
8succeeding judicial day those services are provided pursuant to
9Section 269 of the Code of Civil Procedure.
10(A) All parties shall deposit their pro rata shares of these fees
11with the clerk of the court as specified by the court, but not later
12than the conclusion of each day’s court session.
13(B) For purposes of this paragraph, “one-half day” means any
14period of judicial time, in excess of one hour, but not
more than
15four hours, during either the morning or afternoon court session.
16(b) The fee shall be waived for a person who has been granted
17a fee waiver under Section 68631.
18(c) The costs for the services of the official court reporter shall
19be recoverable as taxable costs by the prevailing party as otherwise
20provided by law.
21(d) The Judicial Council shall adopt rules to ensure all of the
22following:
23(1) That parties are given adequate and timely notice of the
24availability of an official court reporter.
25(2) That if an official court reporter is not available, a party may
26arrange for the presence of
a certified shorthand reporter to serve
27as an official pro tempore reporter, the costs therefor recoverable
28as provided in subdivision (c).
29(3) That if the services of an official pro tempore reporter are
30utilized pursuant to paragraph (2), no other charge shall be made
31to the parties.
32(e) The fees collected pursuant to this section shall be used only
33to pay the cost for services of an official court reporter in civil
34proceedings.
35(f) The Judicial Council shall report on or before February 1 of
36each 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
96