Bill Text: MN SF2381 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Court reporters provisions modifications
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-06 - Referred to Judiciary [SF2381 Detail]
Download: Minnesota-2013-SF2381-Introduced.html
1.2relating to courts; modifying provisions for court reporters; amending Minnesota
1.3Statutes 2012, sections 486.01; 486.05; 486.06; 486.10, subdivisions 2, 3;
1.4repealing Minnesota Statutes 2012, section 486.055.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 486.01, is amended to read:
1.7486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
1.8Each judge, by duplicate orders filed with the court administrator and county auditor
1.9of the several counties of the judge's district, may appoint a competent stenographer as
1.10reporter of the court, to hold office during the judge's pleasure, and to act as the judge's
1.11secretary in all matters pertaining to official duties.Such reporter shall give bond to the
1.12state in the sum of $2,000, to be approved by the appointing judge, conditioned for the
1.13faithful and impartial discharge of all the reporter's duties, which bond, with the oath of
1.14office, shall be filed with the court administrator in the county in which the judge resides.
1.15Whenever the official reporter so appointed, because of sickness or physical
1.16disability, is temporarily unable to perform duties, the judge of the court affected may, if
1.17another official court reporter is not available, secure for the temporary period of disability
1.18of the official court reporter, another competent reporter to perform such duties for not
1.19to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
1.20receive as salary an amount equal to the salary of the official court reporter for the period
1.21of time involved and shall also receive in addition thereto expenses and fees provided by
1.22sections486.05 and
486.06 . The salary of such substitute reporter shall be paid in the
1.23manner now provided by law for the payment of the salary of the official court reporter.
1.24The substitute court reporter shall not be required to furnish bond, unless ordered by the
2.1judge to do so. The employment of and the compensation paid to such substitute reporter
2.2shall in no way affect or prejudice the employment of and the compensation paid to the
2.3official court reporter of said court.
2.4 Sec. 2. Minnesota Statutes 2012, section 486.05, is amended to read:
2.5486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.
2.6 Subdivision 1. Salaries. The salary for each court reporter shall be setannually
2.7by the district administrator biennially by agreement of the court reporter collective
2.8bargaining representative and state court administration within the range established under
2.9section480.181 as provided in the judicial branch personnel rules.
2.10 Subd. 1a. Expenses. A court reporter, in addition to a salary, shall be paid necessary
2.11mileage, traveling, and hotel expenses incurred in the discharge of official duties while
2.12absent from the home chambers where the judge the reporter serves is assigned and any
2.13other expenses agreed to between the court reporter collective bargaining representative
2.14and state court administration. The expenses are to be paid by the state upon presentation
2.15of a verified itemized statement approved by the judge.
2.16 Sec. 3. Minnesota Statutes 2012, section 486.06, is amended to read:
2.17486.06 CHARGE FOR TRANSCRIPT.
2.18In addition to the salary set in section486.05 , the court reporter may charge for a
2.19transcript of a record ordered by any person other than the judge50 cents per original
2.20folio thereof and ten cents per folio for each manifold or other copy thereof when so
2.21ordered that it can be made with the original transcript. The chief judge of the judicial
2.22district council may by order establish new transcript fee ceilings annually biennially
2.23in odd numbered years.
2.24A court reporter may impose a fee authorized under this section only if the transcript
2.25is delivered to the person who ordered it within a reasonable time after it was ordered.
2.26 Sec. 4. Minnesota Statutes 2012, section 486.10, subdivision 2, is amended to read:
2.27 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
2.28of a contract or agreement for court reporting services must be disclosed as provided
2.29by this paragraph. Written notice of a contract or agreement must be (1) included in
2.30the notice of taking deposition or the notice of legal proceeding before commencement
2.31of a legal proceeding at which court reporting services are being provided. Oral, and
2.32(2) disclosure ofa contract or agreement the fee schedule must be made on part of the
3.1recordby the court reporter at the commencement of the legal proceeding by the person
3.2providing the notice of the deposition.
3.3(b) A freelance court reporter and court reporting firm:
3.4(1) shall treat all parties to an action equally, providing comparable services and
3.5charging equal fees to all parties;
3.6(2) may not act as an advocate for any party or act partially to any party to an
3.7action; and
3.8(3) shall comply with all state and federal court rules that govern the activities
3.9of court reporters.
3.10(c) An attorney shall state the reason for the objection to the provision of court
3.11reporting services by a freelance court reporter or court reporting firm and shall note
3.12the objection and the reason on the record.
3.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.14proceedings commencing on or after that date.
3.15 Sec. 5. Minnesota Statutes 2012, section 486.10, subdivision 3, is amended to read:
3.16 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
3.17the court's or presiding officer'slearning determination of a violation of subdivision 2,
3.18paragraph (a), the court or presiding officer may: (1) declare that the record for which the
3.19court reporting services were provided is void and may order that the legal proceeding be
3.20reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
3.21(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
3.22the violation. If the legal proceedings are reconducted, the parties whoviolate violated
3.23 subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
3.24reconducting the legal proceeding and preparing the new record. Costs include, but are not
3.25limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
3.26EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.27proceedings commencing on or after that date.
3.28 Sec. 6. REPEALER.
3.29Minnesota Statutes 2012, section 486.055, is repealed.
1.3Statutes 2012, sections 486.01; 486.05; 486.06; 486.10, subdivisions 2, 3;
1.4repealing Minnesota Statutes 2012, section 486.055.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 486.01, is amended to read:
1.7486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
1.8Each judge, by duplicate orders filed with the court administrator and county auditor
1.9of the several counties of the judge's district, may appoint a competent stenographer as
1.10reporter of the court, to hold office during the judge's pleasure, and to act as the judge's
1.11secretary in all matters pertaining to official duties.
1.12
1.13
1.14
1.15Whenever the official reporter so appointed, because of sickness or physical
1.16disability, is temporarily unable to perform duties, the judge of the court affected may, if
1.17another official court reporter is not available, secure for the temporary period of disability
1.18of the official court reporter, another competent reporter to perform such duties for not
1.19to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
1.20receive as salary an amount equal to the salary of the official court reporter for the period
1.21of time involved and shall also receive in addition thereto expenses and fees provided by
1.22sections
1.23manner now provided by law for the payment of the salary of the official court reporter.
1.24The substitute court reporter shall not be required to furnish bond, unless ordered by the
2.1judge to do so. The employment of and the compensation paid to such substitute reporter
2.2shall in no way affect or prejudice the employment of and the compensation paid to the
2.3official court reporter of said court.
2.4 Sec. 2. Minnesota Statutes 2012, section 486.05, is amended to read:
2.5486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.
2.6 Subdivision 1. Salaries. The salary for each court reporter shall be set
2.7
2.8bargaining representative and state court administration within the range established under
2.9section
2.10 Subd. 1a. Expenses. A court reporter, in addition to a salary, shall be paid necessary
2.11mileage, traveling, and hotel expenses incurred in the discharge of official duties while
2.12absent from the home chambers where the judge the reporter serves is assigned and any
2.13other expenses agreed to between the court reporter collective bargaining representative
2.14and state court administration. The expenses are to be paid by the state upon presentation
2.15of a verified itemized statement approved by the judge.
2.16 Sec. 3. Minnesota Statutes 2012, section 486.06, is amended to read:
2.17486.06 CHARGE FOR TRANSCRIPT.
2.18In addition to the salary set in section
2.19transcript of a record ordered by any person other than the judge
2.20
2.21
2.22
2.23in odd numbered years.
2.24A court reporter may impose a fee authorized under this section only if the transcript
2.25is delivered to the person who ordered it within a reasonable time after it was ordered.
2.26 Sec. 4. Minnesota Statutes 2012, section 486.10, subdivision 2, is amended to read:
2.27 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
2.28of a contract or agreement for court reporting services must be disclosed as provided
2.29by this paragraph. Written notice of a contract or agreement must be (1) included in
2.30the notice of taking deposition or the notice of legal proceeding before commencement
2.31of a legal proceeding at which court reporting services are being provided
2.32(2) disclosure of
3.1record
3.2providing the notice of the deposition.
3.3(b) A freelance court reporter and court reporting firm:
3.4(1) shall treat all parties to an action equally, providing comparable services and
3.5charging equal fees to all parties;
3.6(2) may not act as an advocate for any party or act partially to any party to an
3.7action; and
3.8(3) shall comply with all state and federal court rules that govern the activities
3.9of court reporters.
3.10(c) An attorney shall state the reason for the objection to the provision of court
3.11reporting services by a freelance court reporter or court reporting firm and shall note
3.12the objection and the reason on the record.
3.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.14proceedings commencing on or after that date.
3.15 Sec. 5. Minnesota Statutes 2012, section 486.10, subdivision 3, is amended to read:
3.16 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
3.17the court's or presiding officer's
3.18paragraph (a), the court or presiding officer may: (1) declare that the record for which the
3.19court reporting services were provided is void and may order that the legal proceeding be
3.20reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
3.21(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
3.22the violation. If the legal proceedings are reconducted, the parties who
3.23 subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
3.24reconducting the legal proceeding and preparing the new record. Costs include, but are not
3.25limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
3.26EFFECTIVE DATE.This section is effective August 1, 2014, and applies to legal
3.27proceedings commencing on or after that date.
3.28 Sec. 6. REPEALER.
3.29Minnesota Statutes 2012, section 486.055, is repealed.
