SB 1007, as amended, Wieckowski. Arbitration: transcription by certified shorthand reporter.
Existing law establishes standards for arbitration, and requires a court to vacate an arbitration award if it makes certain findings.
This bill would provide that a party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record. The bill would require a party requesting a certified shorthand reporter to make his or her requestbegin delete upon the initiation of the arbitrationend deletebegin insert in a demand, response, answer, or counterclaim related to theend insertbegin insert arbitration,end insert or atbegin delete the time that anyend deletebegin insert
a pre-hearing scheduling conference at which aend insert deposition, proceeding, or hearing is beingbegin delete calendared, andend deletebegin insert calendared. The billend insert would also require the party requesting the transcript to incur the expense of the certified shorthand reporter, except as specified in a consumer arbitration. The bill would authorize a party whose request has been refused by the arbitrator to petition the court for an order to compel the arbitrator to grant the party’s request to have a certified shorthand reporter transcribe any deposition, proceeding, or hearingbegin insert, and for an order to stay any deposition, proceeding, or hearing pending the court’s determination of the petitionend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1282.5 is added to the Code of Civil
2Procedure, to read:
(a) (1) A party to an arbitration has the right to have
4a certified shorthand reporter transcribe any deposition, proceeding,
5or hearing. The transcript shall be the official record of the
6deposition, proceeding, or hearing.
7(2) A party requesting a certified shorthand reporter shall make
8his or her requestbegin delete upon the initiation of the arbitration or at the begin insert in or at either of the following:end insert
9time that any deposition, proceeding, or hearing is being
10calendared.end delete
11
(A) A demand for arbitration, or a response, answer, or
12counterclaim to a demand for arbitration.
13
(B) A pre-hearing scheduling conference at which a deposition,
14proceeding, or hearing is being calendared.
15(b) If an arbitration agreement does not provide for a certified
16shorthand reporter, the party requesting the transcript shall incur
17the expense of the certified shorthand reporter. However, in a
18consumer arbitration, a certified shorthand reporter shall be
19provided upon request of an indigent consumer, as defined in
20Section 1284.3, at the expense of the nonconsumer party.
21(c) If an arbitrator refuses to allow a party to have a certified
22shorthand reporter transcribe any deposition, proceeding, or hearing
23pursuant to this section, the party may petition the court for an
24order to compel the arbitrator to grant the party’s request.begin insert The
25petition may include a request for an order to stay any deposition,
26proceeding, or hearing related to the arbitration pending the
27court’s determination of the petition.end insert
28
(d) This section does not add grounds for vacating an arbitration
29award pursuant to subdivision (a) of Section 1286.2 or for
30correcting an arbitration award pursuant to Section 1286.6.
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