Superior Court Of California, County Of San Diego Official Reporter Pro Tempore Policy

by Kramm Court Reporting
Contact

I. Purpose

Parties have the right to arrange, at their own expense, for the presence of court reporters if the services of an official court reporter are not available for a proceeding (Gov. Code § 68086 & Cal. Rules of Court [CRC], rule 2.956). This document establishes policy for party(ies) arranging for a court reporter when an official reporter is not normally available and establishes requirements for qualifying as an official reporter pro tempore.

II. Policy

A. If the services of an official court reporter are not available for a proceeding, a party may privately arrange for court reporter services at their expense, pursuant to Gov. Code § 68086 and CRC 2.956. This includes cases where a proceeding continues to or past the date for which a reporter is no longer normally available.

B. Parties must make arrangements for reporters in advance of the proceeding to ensure the proceedings will be reported. Advance notice to the court of an intention to do so is not required.

C. Parties may arrange for their own reporter, or may select from the Court-Approved List of Official Reporters Pro Tempore (SDSC Form #ADM-321) (List).

1. Court-Approved List

a. As a service to court users, the court will establish and maintain a list of court-approved official reporters pro tempore who have met the requirements and qualifications established by the court. (See Policy for Court-Approved List of Official Reporters Pro Tempore SDSC Form #ADM-313.)

b. Parties are not obligated to select a reporter from this List. It is provided as a courtesy.

2. Appointment as an Official Reporter Pro Tempore for a Proceeding:

a. Reporters must complete and sign sections 1, 2, and 3 of the Appointment as

Official Reporter Pro Tempore (SDSC Form #ADM-316).

b. All parties present at the proceeding must complete and sign the stipulation portion of the Appointment as an Official Reporter Pro Tempore (SDSC Form #ADM-316) stipulating to the court appointing an official reporter pro tempore. If the reporter is on the List, the stipulation is not required. Parties appearing through Court Call or otherwise by telephone may stipulate orally, which stipulation should be noted in a minute order.

c. The Appointment as an Official Reporter Pro Tempore (SDSC Form #ADM-316) must be completed by all parties and provided to the court before the proceeding commences.

d. The Judicial Officer in the courtroom must order the reporter appointed as an official reporter pro tem, using the Appointment of Official Reporter Pro Tempore (SDSC Form #ADM-316), before she or he may report the proceeding.

D. This policy will be posted on the court’s website at www.sdcourt.ca.gov.

OFFICIAL REPORTER PRO TEMPORE POLICY, continued

SDSC ADM-315 (New 9/12) OFFICIAL REPORTER PRO TEMPORE POLICY Page 2 of 3

E. Official Reporter Pro Tempore Requirements

By signing the Appointment as Official Reporter Pro Tempore (SDSC Form #ADM-316), the reporter agrees to the following:

1. Is not a regular employee of the court. Note: “Per Diem” reporters, who have an Independent Contractor Agreement with the court, are not considered regular employees.

2. Has a valid, current California Certified Shorthand Reporter License and will maintain current contact information with the court.

3. All fees for reporting services, including appearance and real-time fees, are the responsibility of the party or parties who arranged the reporter services and may not be charged to the court.

4. To comply with statutes and rules applicable to official reporters pro tempore, including the duty to timely prepare transcripts, including those for appeals, in the proper form.

5. To follow directions from the court, and to be subject to the jurisdiction of the court to the same extent as an official reporter.

6. To be available for immediate (within 30 minutes) read-back of notes.

7. To be in good standing with the Court Reporters Board of California.

8. To comply with the court’s requirements regarding uploading electronic notes as stated in Official Reporter Pro Tempore Electronic Notes Upload/Archiving Policy (SDSC Form # ADM-319), including uploading each day’s stenotype notes to the court’s vendor (ACORN) by 1:30 p.m. the next business day, or in the case of illness or emergency, as soon as practicable thereafter.

F. Additional Information for Parties

1. Only One Official Record

There can only be one official record of court proceedings, and only a reporter appointed by the court may report a court proceeding (CCP § 273; Gov. Code §§ 70043, 70044; Redwing v. Moncravie, (1934) 138 Cal. App. 432, 434). Only one reporter will be allowed to report a court proceeding at any given time. If the parties cannot agree on a reporter, the judicial officer will make the selection.

2. Payment for Official Reporter Pro Tempore Services

CRC 2.956(c) provides that the party arranging for an official reporter pro tempore is responsible for paying the reporter’s fees. These expenses may be recoverable as part of a party’s costs as provided by law (Gov. Code § 68086(a)(4)).

3. Indigent Litigants

In cases where the court no longer provides court reporters, indigent litigants are not entitled to have the court provide or pay for a court reporter based on a fee waiver. Fee waivers apply only to fees charged by the court. They do not apply to court reporter fees and costs in cases where the court is not providing the court reporter. Privately retained court reporters are independent from the court, and are allowed to charge indigent litigants for their services.

4. Transcripts

a. Copies of transcripts may be ordered to be lodged with the court. Any party who orders proceedings transcribed by the official reporter pro tempore may be ordered to lodge a copy of the transcript with the court (CCP § 128(a)).

b. Transcripts produced by an official reporter pro tempore will be treated, for court purposes, identically to transcripts prepared by official reporters. Reporting notes of an official reporter pro tempore are official records of the court (Gov. Code §69955(a)). The notes of official reporters pro tempore, when transcribed and certified, are prima facie evidence of the testimony and proceedings (CCP § 273(a)).

OFFICIAL REPORTER PRO TEMPORE POLICY, continued SDSC ADM-315 (New 9/12) OFFICIAL REPORTER PRO TEMPORE POLICY Page 3 of 3

c. Original and certified transcripts are admissible as evidence to the extent otherwise permitted by law. Transcripts prepared by a privately retained certified shorthand reporter appointed by the court as an official reporter pro tempore are admissible as evidence to the extent otherwise permitted by law (CCP § 273(a)).

d. Unofficial transcripts prepared by other than official court reporters or official court reporters pro tempore are not admissible (CCP § 273(b); Redwing v. Moncravie (1934) 138 Cal. App. 432, 435; Reid v. Reid (1887) 73 Cal. 206; Estate of Benton (1901) 131 Cal. 472 at 472-480.)

5. Reimbursement of Advanced Fees

Fees lodged prior to the date this policy becomes effective for an official reporter in advance of the proceeding where a reporter will no longer be available will be returned to the party that lodged them, upon request to the court.

G. Forms and Additional Information

1. Court-Approved List of Official Reporters Pro Tempore (SDSC Form #ADM-321)

2. Policy for Court-Approved List of Official Reporters Pro Tempore (SDSC Form #ADM- 313)

3. Appointment of Official Reporter Pro Tempore (SDSC Form #ADM-316)

4. Official Reporter Pro Tempore Electronic Notes Upload/Archiving Procedure (SDSC Form #ADM-319)

5. Guide for Official Reporters Pro Tempore (SDSC Form #ADM-318)

These forms, and additional information, are available on the court’s website:

www.sdcourt.ca.gov 

Written by:

Kramm Court Reporting
Contact
more
less

Kramm Court Reporting on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!