Amended in Assembly April 23, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 788


Introduced by Assembly Member Wagner

February 21, 2013


An act to amend Section 69954 of, and to add Section 69954.5 to, the Government Code, relating to court transcripts.

LEGISLATIVE COUNSEL’S DIGEST

AB 788, as amended, Wagner. Court transcripts.

Existing law authorizes a superior court to appoint official reporters and prescribes the fees for their services. Existing law requires that transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper be compensated at the same rate set for paper transcripts, except as specified. Existing law establishes certain fees for second copies of transcripts, as specified, including transcripts in computer-readable format.

Existing law authorizes a court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, pursuant to court order or rule, or for internal use, without paying a further fee to the reporter, but prohibits otherwise providing or selling a copy or copies to any other party or person.

This bill would limit the reproduction provisions described above to computer-readable transcripts.

This bill would additionally authorize, in the case of transcripts that are not computer-readable, the purchaser of a transcript to reproduce the transcript forbegin delete any purpose reasonably related to the conduct or pursuit of the case orend deletebegin insert internal use orend insert in response tobegin insert a request for discovery,end insert a court order, rule, statute, or subpoena without paying a further fee to thebegin delete reporter. The bill would also authorize, without paying a further fee to the reporter, the purchaser of a transcript, other than a computer-readable transcript, to provide a copy of the transcript to any other party to the litigation at a cost not exceeding the actual copying costs.end deletebegin insert reporter, but would prohibit otherwise providing or selling a copy or copies to any other party or person.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:

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SECTION 1.  

Section 69954 of the Government Code is
2amended to read:

3

69954.  

(a) Transcripts prepared by a reporter using computer
4assistance and delivered on a medium other than paper shall be
5compensated at the same rate set for paper transcripts, except the
6reporter may also charge an additional fee not to exceed the cost
7of the medium or any copies thereof.

8(b) The fee for a second copy of a transcript on appeal in
9computer-readable format ordered by or on behalf of a requesting
10party within 120 days of the filing or delivery of the original
11transcript shall be compensated at one-third the rate set forth for
12a second copy of a transcript as provided in Section 69950. A
13reporter may also charge an additional fee not to exceed the cost
14of the medium or any copies thereof.

15(c) The fee for a computer-readable transcript shall be paid by
16the requesting court, party, or person, unless the computer-readable
17transcript is requested by a party in lieu of a paper transcript
18required to be delivered to that party by the rules of court. In that
19event, the fee shall be chargeable as statute or rule provides for
20the paper transcript.

21(d) Any court, party, or person who has purchased a
22computer-readable transcript may, without paying a further fee to
23the reporter, reproduce a copy or portion thereof as an exhibit
24pursuant to court order or rule, or for internal use, but shall not
25otherwise provide or sell a copy or copies to any other party or
26person.

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SEC. 2.  

Section 69954.5 is added to the Government Code, to
2read:

3

69954.5.  

Except as provided in subdivision (d) of Section
469954, any court, party, or person who has purchased a transcript
5may, without paying a further fee to the reporter, reproduce one
6or more copies or portions of the transcriptbegin delete for any purpose
7reasonably related to the conduct or pursuit of the case, for internal
8use, or in response to court order, rule, statute, or subpoena. The
9purchaser of a transcript, other than a computer-readable transcript,
10may, without paying a further fee to the reporter, provide a copy
11to any other party to the litigation at a cost not to exceed the actual
12copying costs incurred in making the copy for the other party, but
13shall not otherwise provide or sell a copy or copies to another party
14or person.end delete
begin insert for internal use or in response to a request for discovery,
15court order, rule, statute, or subpoena, but shall not otherwise
16provide or sell a copy or copies to any other party or person.end insert



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