Bill Text: CA AB2664 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Court reporters: official reporter pro tempore.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-18 - Chaptered by Secretary of State - Chapter 497, Statutes of 2018. [AB2664 Detail]

Download: California-2017-AB2664-Amended.html

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Amended  IN  Senate  June 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2664

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Introduced by Assembly Member Holden

February 15, 2018

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An act to amend Section 70044 of the Government Code, relating to court reporters.

LEGISLATIVE COUNSEL'S DIGEST

AB 2664, as amended, Holden. Court reporters: official reporter pro tempore.

Existing law authorizes the court to appoint an official reporter pro tempore when needed for the judicial business of the superior court of the county to be diligently carried on and so a particular matter may proceed to trial or hearing without delay. Existing law requires the written stipulation of the parties at the trial, hearing, or other proceeding in a contested matter for the appointment of an official reporter pro tempore.

This bill would require the court to appoint an official reporter pro tempore from among the qualified candidates proposed by the parties if the parties are unable to arrive at a stipulation. pursuant to a written stipulation of the parties, if possible. The bill would require the court, if the parties attempt to arrive at a stipulation and are unable to do so, and at least one of the parties continues to seek the appointment of an official reporter pro tempore, to appoint an official reporter pro tempore that meets specified criteria. The bill would also require the court, if a party objects to the appointment of a particular reporter submitted by the requesting party, or if parties request appointment of different reporters, to appoint an official reporter pro tempore from among the reporters submitted by the parties if the reporter is available and meets specified criteria. The bill would also make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 70044 of the Government Code is amended to read:

70044.

 (a) When needed for the judicial business of the superior court in the county to be diligently carried on and for a particular matter to proceed to trial or hearing without delay, an official reporter pro tempore who is a certified shorthand reporter pursuant to Section 8018 of the Business and Professions Code may be appointed to perform the duties of a phonographic reporter in a matter, or until a regular official reporter becomes available. An official reporter pro tempore may be appointed by the presiding judge of the court and the judge presiding in the department where the reporter will serve. If the appointment is made in a contested matter, it shall be made only pursuant to a written stipulation of the parties appearing at the trial, hearing, or other proceeding to be reported by the official reporter pro tempore, if possible. If the parties cannot arrive at a stipulation, the court shall appoint an official reporter pro tempore from among the qualified candidates proposed by the parties.

(1) Except as provided in paragraph (2), if the matter is contested, the appointment shall be made pursuant to a written stipulation of the parties appearing at the trial, hearing, or other proceeding to be reported by the official reporter pro tempore, if possible.

(2) (A) If the parties attempt to arrive at a stipulation and are unable to do so, and at least one of the parties continues to seek the appointment of an official reporter pro tempore, the court shall appoint an official reporter pro tempore who meets the criteria described in subdivision (b).

(B) If a party requests an appointment of a particular official reporter pro tempore who meets the criteria described in subdivision (b), the court shall appoint the reporter submitted by the requesting party, if the reporter is available. If a party objects to the appointment of the reporter submitted by the requesting party or if the parties request the appointment of different reporters, the court shall appoint an official reporter pro tempore from among the reporters submitted by the parties if the reporter is available and meets the criteria described in subdivision (b).

(b) An official reporter pro tempore who is a certified shorthand reporter pursuant to Section 8018 of the Business and Professions Code, has passed the test on qualifications, has a certificate on file in the court records, as prescribed by Section 69942, and has been appointed an official reporter pro tempore by a majority of the judges of the court pursuant to Section 69941, may serve in any matter without further order of the court or stipulation of the parties.