AB 679, as introduced, Fox. Fees: official court reporters.
Existing law requires an official court reporter fee of $30 to be charged for each proceeding lasting less than one hour. 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, in an amount equal to the actual cost of providing that service per 1⁄2 day of services to the parties, on a pro rata basis, for the services of an official court reporter on the first and each succeeding judicial day those services are provided, as specified. Existing law further requires the Judicial Council to adopt specified rules to, among other things, ensure the availability of an official court reporter, or in the absence of an official court reporter, authorize a party to arrange for the presence of a certified shorthand reporter, as specified.
This bill would further require the Judicial Council to adopt rules to ensure that a party arranging for a certified shorthand reporter notifies the other parties of that fact, and that attempts to share costs for the certified shorthand reporter are made to provide better access to justice for all parties involved in the proceeding.
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:
(a) The following provisions apply in superior court:
4(1) In addition to any other fee required in civil actions or cases:
5(A) For each proceeding lasting less than one hour, a fee of
6thirty dollars ($30) shall be charged for the reasonable cost of the
7services of an official court reporter pursuant to Section 269 of
8the Code of Civil Procedure.
9(B) For each proceeding lasting more than one hour, a fee equal
10to the actual cost of providing that service shall be charged per
11one-half day of services to the parties, on a pro rata basis, for the
12services of an official court reporter on the first and each
13succeeding judicial day those
services are provided pursuant to
14Section 269 of the Code of Civil Procedure.
15(2) All parties shall deposit their pro rata shares of these fees
16with the clerk of the court as specified by the court, but not later
17than the conclusion of each day’s court session.
18(3) For purposes of this section, “one-half day” means any
19period of judicial time, in excess of one hour, but not more than
20four hours, during either the morning or afternoon court session.
21(4) The costs for the services of the official court reporter shall
22be recoverable as taxable costs by the prevailing party as otherwise
23provided by law.
24(5) The Judicial Council shall adopt rules to ensure all of the
25following:
26(A) That parties
are given adequate and timely notice of the
27availability of an official court reporter.
28(B) That if an official court reporter is not available, a party
29may arrange for the presence of a certified shorthand reporter to
30serve as an official pro tempore reporter, the costs therefor
31recoverable as provided in paragraph (4).
32(C) That if a party arranges for the presence of a certified
33shorthand reporter pursuant to subparagraph (B), the arranging
34party notifies the other parties that a certified shorthand reporter
35will be present.
36(D) That
attempts to share costs for the presence of a certified
37shorthand reporter pursuant to subparagraph (B) are made to
38provide better access to justice for all involved in the proceeding.
P3 1(C)
end delete
2begin insert(E)end insert That if the services of an official pro tempore reporter are
3utilized pursuant to subparagraph (B), no other charge shall be
4made to the parties.
5(b) The fees collected pursuant to this section shall be used only
6to pay the cost for services of an official court reporter in civil
7proceedings.
8(c) The Judicial Council shall report on or before February 1 of
9each year to the Joint
Legislative Budget Committee on the fees
10collected by courts pursuant to this section and Section 68086.1
11and on the total amount spent for services of official court reporters
12in civil proceedings statewide in the prior fiscal year.
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