Bill Text: MN HF2455 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Court reporter provisions modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-04 - Committee report, to adopt as amended and re-refer to Rules and Legislative Administration [HF2455 Detail]
Download: Minnesota-2013-HF2455-Engrossed.html
1.2relating to courts; modifying provisions for court reporters; amending Minnesota
1.3Statutes 2012, sections 486.01; 486.02; 486.05; 486.06; 486.10, subdivisions 2,
1.43; proposing coding for new law in Minnesota Statutes, chapter 486; repealing
1.5Minnesota Statutes 2012, sections 484.72; 486.055.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 486.01, is amended to read:
1.8486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
1.9Each judge, by duplicate orders filed with the court administrator and county auditor
1.10of the several counties of the judge's district, may appoint a competent stenographer as
1.11reporter of the court, to hold office during the judge's pleasure, and to act as the judge's
1.12secretary in all matters pertaining to official duties.Such reporter shall give bond to the
1.13state in the sum of $2,000, to be approved by the appointing judge, conditioned for the
1.14faithful and impartial discharge of all the reporter's duties, which bond, with the oath of
1.15office, shall be filed with the court administrator in the county in which the judge resides.
1.16Whenever the official reporter so appointed, because of sickness or physical
1.17disability, is temporarily unable to perform duties, the judge of the court affected may, if
1.18another official court reporter is not available, secure for the temporary period of disability
1.19of the official court reporter, another competent reporter to perform such duties for not
1.20to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
1.21receive as salary an amount equal to the salary of the official court reporter for the period
1.22of time involved and shall also receive in addition thereto expenses and fees provided by
1.23sections486.05 and
486.06 . The salary of such substitute reporter shall be paid in the
1.24manner now provided by law for the payment of the salary of the official court reporter.
2.1The substitute court reporter shall not be required to furnish bond, unless ordered by the
2.2judge to do so. The employment of and the compensation paid to such substitute reporter
2.3shall in no way affect or prejudice the employment of and the compensation paid to the
2.4official court reporter of said court.
2.5 Sec. 2. Minnesota Statutes 2012, section 486.02, is amended to read:
2.6486.02STENOGRAPHIC OFFICIAL RECORD.
2.7Except as provided in section
484.72, a competent stenographer A court reporter
2.8 who meets minimum qualifications promulgated by the Supreme Court, shallmake
2.9 capture a completestenographic record of all testimony given and all proceedings had
2.10before the judge upon the trial of issues of fact, with or without a jury, or before any
2.11referee appointed by such judge. In so doing thestenographer court reporter shall take
2.12down or record all questions in the exact language thereof, and all answers thereto
2.13precisely as given by the witness or by the sworn interpreter. Thestenographer court
2.14reporter shall alsorecord, capture a verbatim, record of all objections made, and the
2.15grounds thereof as stated by counsel, all rulings thereon, all exceptions taken, all motions,
2.16orders, and admissions made and the charge to the jury. When directed so to do by the
2.17judge, thestenographer court reporter shall make capture a like record of any other matter
2.18or proceeding, and shall read to, play back for, or transcribe for such judge or referee any
2.19recordmade captured by the stenographer court reporter, or transcribe the same, without
2.20charge, for any purpose in furtherance of justice.
2.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
2.22proceedings commencing on or after that date.
2.23 Sec. 3. [486.025] ELECTRONIC RECORDING OF COURT PROCEEDINGS.
2.24 Subdivision 1. Authorization. Electronic recording equipment may be used to
2.25record court proceedings. A court reporter shall operate and monitor electronic recording
2.26equipment. At the request of any party to any proceedings, the court may, in its discretion,
2.27require a competent stenographer who meets minimum qualifications promulgated by the
2.28Supreme Court to make a complete stenographic record of the proceedings.
2.29 Subd. 2. Limitations on operation of electronic recording equipment. Except as
2.30provided in subdivisions 4 and 5, a court reporter who meets minimum qualifications as
2.31promulgated by the Supreme Court shall make a complete official record of the following
2.32court proceedings:
2.33(1) felony and gross misdemeanor offenses;
3.1(2) district court jury trials; and
3.2(3) contested district court trials and fact-finding hearings.
3.3 Subd. 3. Malfunction of electronic recording. If, when electronic recording
3.4equipment is used, a malfunction occurs in the recording process so that the recording is
3.5incomplete, the court may declare a mistrial if the malfunction is discovered during the
3.6trial. If the malfunction is discovered in the course of preparing a transcript after a verdict
3.7has been entered, the court may grant a new trial upon motion of any party.
3.8 Subd. 4. Court reporter unavailability. Subject to judicial district reassignment
3.9policies and collective bargaining agreements, if a court reporter is not available to
3.10capture the record of court proceedings, the court may use a person who meets minimum
3.11qualifications as promulgated by the state court administrator to operate electronic
3.12recording equipment.
3.13 Subd. 5. Expedited child support process. Hearings and proceedings conducted
3.14in the expedited child support process under section 484.702 may be reported by use of
3.15electronic recording equipment provided that the equipment meets the minimum standards
3.16promulgated by the state court administrator. Electronic recording equipment must be
3.17operated and monitored by a person who meets the minimum qualifications promulgated
3.18by the state court administrator.
3.19EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.20proceedings commencing on or after that date.
3.21 Sec. 4. Minnesota Statutes 2012, section 486.05, is amended to read:
3.22486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.
3.23 Subdivision 1. Salaries. The salary for each court reporter shall be setannually
3.24by the district administrator biennially by agreement of the court reporter collective
3.25bargaining representative and state court administration within the range established under
3.26section480.181 as provided in the judicial branch personnel rules.
3.27 Subd. 1a. Expenses. A court reporter, in addition to a salary, shall be paid necessary
3.28mileage, traveling, and hotel expenses incurred in the discharge of official duties while
3.29absent from the home chambers where the judge the reporter serves is assigned and any
3.30other expenses agreed to between the court reporter collective bargaining representative
3.31and state court administration. The expenses are to be paid by the state upon presentation
3.32of a verified itemized statement approved by the judge.
4.1 Sec. 5. Minnesota Statutes 2012, section 486.06, is amended to read:
4.2486.06 CHARGE FOR TRANSCRIPT.
4.3In addition to the salary set in section486.05 , the court reporter may charge for a
4.4transcript of a record ordered by any person other than the judge50 cents per original
4.5folio thereof and ten cents per folio for each manifold or other copy thereof when so
4.6ordered that it can be made with the original transcript. The chief judge of the judicial
4.7district council may by order establish new transcript fee ceilings annually biennially
4.8in odd numbered years.
4.9A court reporter may impose a fee authorized under this section only if the transcript
4.10is delivered to the person who ordered it within a reasonable time after it was ordered.
4.11 Sec. 6. Minnesota Statutes 2012, section 486.10, subdivision 2, is amended to read:
4.12 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
4.13of a contract or agreement for court reporting services must be disclosed as provided
4.14by this paragraph. Written notice of a contract or agreement must be (1) included in
4.15the notice of taking deposition or the notice of legal proceeding before commencement
4.16of a legal proceeding at which court reporting services are being provided. Oral, and
4.17(2) disclosure ofa contract or agreement the fee schedule must be made on part of the
4.18recordby the court reporter at the commencement of the legal proceeding by the person
4.19providing the notice of the deposition.
4.20(b) A freelance court reporter and court reporting firm:
4.21(1) shall treat all parties to an action equally, providing comparable services and
4.22charging equal fees to all parties except that fees may be waived or reduced to low-income
4.23parties;
4.24(2) may not act as an advocate for any party or act partially to any party to an
4.25action; and
4.26(3) shall comply with all state and federal court rules that govern the activities
4.27of court reporters.
4.28(c) An attorney shall state the reason for the objection to the provision of court
4.29reporting services by a freelance court reporter or court reporting firm and shall note
4.30the objection and the reason on the record.
4.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
4.32proceedings commencing on or after that date.
4.33 Sec. 7. Minnesota Statutes 2012, section 486.10, subdivision 3, is amended to read:
5.1 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
5.2the court's or presiding officer'slearning determination of a violation of subdivision 2,
5.3paragraph (a), the court or presiding officer may: (1) declare that the record for which the
5.4court reporting services were provided is void and may order that the legal proceeding be
5.5reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
5.6(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
5.7the violation. If the legal proceedings are reconducted, the parties whoviolate violated
5.8 subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
5.9reconducting the legal proceeding and preparing the new record. Costs include, but are not
5.10limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
5.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
5.12proceedings commencing on or after that date.
5.13 Sec. 8. REPEALER.
5.14Minnesota Statutes 2012, sections 484.72; and 486.055, are repealed.
1.3Statutes 2012, sections 486.01; 486.02; 486.05; 486.06; 486.10, subdivisions 2,
1.43; proposing coding for new law in Minnesota Statutes, chapter 486; repealing
1.5Minnesota Statutes 2012, sections 484.72; 486.055.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 486.01, is amended to read:
1.8486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
1.9Each judge, by duplicate orders filed with the court administrator and county auditor
1.10of the several counties of the judge's district, may appoint a competent stenographer as
1.11reporter of the court, to hold office during the judge's pleasure, and to act as the judge's
1.12secretary in all matters pertaining to official duties.
1.13
1.14
1.15
1.16Whenever the official reporter so appointed, because of sickness or physical
1.17disability, is temporarily unable to perform duties, the judge of the court affected may, if
1.18another official court reporter is not available, secure for the temporary period of disability
1.19of the official court reporter, another competent reporter to perform such duties for not
1.20to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
1.21receive as salary an amount equal to the salary of the official court reporter for the period
1.22of time involved and shall also receive in addition thereto expenses and fees provided by
1.23sections
1.24manner now provided by law for the payment of the salary of the official court reporter.
2.1The substitute court reporter shall not be required to furnish bond, unless ordered by the
2.2judge to do so. The employment of and the compensation paid to such substitute reporter
2.3shall in no way affect or prejudice the employment of and the compensation paid to the
2.4official court reporter of said court.
2.5 Sec. 2. Minnesota Statutes 2012, section 486.02, is amended to read:
2.6486.02
2.7
2.8 who meets minimum qualifications promulgated by the Supreme Court, shall
2.9 capture a complete
2.10before the judge upon the trial of issues of fact, with or without a jury, or before any
2.11referee appointed by such judge. In so doing the
2.12down or record all questions in the exact language thereof, and all answers thereto
2.13precisely as given by the witness or by the sworn interpreter. The
2.14reporter shall also
2.15grounds thereof as stated by counsel, all rulings thereon, all exceptions taken, all motions,
2.16orders, and admissions made and the charge to the jury. When directed so to do by the
2.17judge, the
2.18or proceeding, and shall read to, play back for, or transcribe for such judge or referee any
2.19record
2.20charge, for any purpose in furtherance of justice.
2.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
2.22proceedings commencing on or after that date.
2.23 Sec. 3. [486.025] ELECTRONIC RECORDING OF COURT PROCEEDINGS.
2.24 Subdivision 1. Authorization. Electronic recording equipment may be used to
2.25record court proceedings. A court reporter shall operate and monitor electronic recording
2.26equipment. At the request of any party to any proceedings, the court may, in its discretion,
2.27require a competent stenographer who meets minimum qualifications promulgated by the
2.28Supreme Court to make a complete stenographic record of the proceedings.
2.29 Subd. 2. Limitations on operation of electronic recording equipment. Except as
2.30provided in subdivisions 4 and 5, a court reporter who meets minimum qualifications as
2.31promulgated by the Supreme Court shall make a complete official record of the following
2.32court proceedings:
2.33(1) felony and gross misdemeanor offenses;
3.1(2) district court jury trials; and
3.2(3) contested district court trials and fact-finding hearings.
3.3 Subd. 3. Malfunction of electronic recording. If, when electronic recording
3.4equipment is used, a malfunction occurs in the recording process so that the recording is
3.5incomplete, the court may declare a mistrial if the malfunction is discovered during the
3.6trial. If the malfunction is discovered in the course of preparing a transcript after a verdict
3.7has been entered, the court may grant a new trial upon motion of any party.
3.8 Subd. 4. Court reporter unavailability. Subject to judicial district reassignment
3.9policies and collective bargaining agreements, if a court reporter is not available to
3.10capture the record of court proceedings, the court may use a person who meets minimum
3.11qualifications as promulgated by the state court administrator to operate electronic
3.12recording equipment.
3.13 Subd. 5. Expedited child support process. Hearings and proceedings conducted
3.14in the expedited child support process under section 484.702 may be reported by use of
3.15electronic recording equipment provided that the equipment meets the minimum standards
3.16promulgated by the state court administrator. Electronic recording equipment must be
3.17operated and monitored by a person who meets the minimum qualifications promulgated
3.18by the state court administrator.
3.19EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.20proceedings commencing on or after that date.
3.21 Sec. 4. Minnesota Statutes 2012, section 486.05, is amended to read:
3.22486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.
3.23 Subdivision 1. Salaries. The salary for each court reporter shall be set
3.24
3.25bargaining representative and state court administration within the range established under
3.26section
3.27 Subd. 1a. Expenses. A court reporter, in addition to a salary, shall be paid necessary
3.28mileage, traveling, and hotel expenses incurred in the discharge of official duties while
3.29absent from the home chambers where the judge the reporter serves is assigned and any
3.30other expenses agreed to between the court reporter collective bargaining representative
3.31and state court administration. The expenses are to be paid by the state upon presentation
3.32of a verified itemized statement approved by the judge.
4.1 Sec. 5. Minnesota Statutes 2012, section 486.06, is amended to read:
4.2486.06 CHARGE FOR TRANSCRIPT.
4.3In addition to the salary set in section
4.4transcript of a record ordered by any person other than the judge
4.5
4.6
4.7
4.8in odd numbered years.
4.9A court reporter may impose a fee authorized under this section only if the transcript
4.10is delivered to the person who ordered it within a reasonable time after it was ordered.
4.11 Sec. 6. Minnesota Statutes 2012, section 486.10, subdivision 2, is amended to read:
4.12 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
4.13of a contract or agreement for court reporting services must be disclosed as provided
4.14by this paragraph. Written notice of a contract or agreement must be (1) included in
4.15the notice of taking deposition or the notice of legal proceeding before commencement
4.16of a legal proceeding at which court reporting services are being provided
4.17(2) disclosure of
4.18record
4.19providing the notice of the deposition.
4.20(b) A freelance court reporter and court reporting firm:
4.21(1) shall treat all parties to an action equally, providing comparable services and
4.22charging equal fees to all parties except that fees may be waived or reduced to low-income
4.23parties;
4.24(2) may not act as an advocate for any party or act partially to any party to an
4.25action; and
4.26(3) shall comply with all state and federal court rules that govern the activities
4.27of court reporters.
4.28(c) An attorney shall state the reason for the objection to the provision of court
4.29reporting services by a freelance court reporter or court reporting firm and shall note
4.30the objection and the reason on the record.
4.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
4.32proceedings commencing on or after that date.
4.33 Sec. 7. Minnesota Statutes 2012, section 486.10, subdivision 3, is amended to read:
5.1 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
5.2the court's or presiding officer's
5.3paragraph (a), the court or presiding officer may: (1) declare that the record for which the
5.4court reporting services were provided is void and may order that the legal proceeding be
5.5reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
5.6(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
5.7the violation. If the legal proceedings are reconducted, the parties who
5.8 subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
5.9reconducting the legal proceeding and preparing the new record. Costs include, but are not
5.10limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
5.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
5.12proceedings commencing on or after that date.
5.13 Sec. 8. REPEALER.
5.14Minnesota Statutes 2012, sections 484.72; and 486.055, are repealed.
