Microsoft Word - Policy re Privately Retained Court Reporters final 9-22-20

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Superior Court of California, County of Santa

Clara

Civil Division and Probate Division Court

Reporters

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Effective October 13, 2020, and as amended January 24, 2018, July 9, 2018,

January 1, 2019, and September 18, 2020, this policy regarding PRIVATELY

RETAINED COURT REPORTERS is applicable to all Civil, Family, Probate,

and other courtroom where an official court reporter is not provided, except

as noted below.

POLICY OF THE SANTA CLARA SUPERIOR COURT

TITLE: PRIVATELY RETAINED COURT REPORTERS

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PURPOSE:

A party has the right to arrange, at the party’s own expense, for

the services of a court reporter if the services of an official court reporter are

not available for a proceeding. (Government Code Section 68086 and

California Rules of Court, rule 2.956.) This document establishes the policy

for a party arranging for a privately retained court reporter when an official

reporter is not available and establishes requirements for qualifying as an

official reporter pro tempore.

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APPLICATION

THIS POLICY:

This policy applies to hearings and trials in

the Civil, Family, and Probate Divisions in unlimited civil matters, limited civil

matters to the extent not electronically recorded and probate matters. Court

reporters will be provided by the Court in all mandated proceedings, including

in the following cases: felony criminal; juvenile dependency; juvenile justice;

Lanterman-Petris-Short (LPS) Act; contempt in civil and family matters;

family court matters where an official court reporter is mandated, such as

requests to withdraw consent to an adoption, child testimony in chambers,

and petitions to free a minor from parental care and control; cases in which

an official court reporter is required by the Supreme Court opinion in the case

of Jameson v. Desta, and including any of these cases that are assigned for

trial or hearing to the Civil Division, or to be heard by a Judge assigned to the

Civil Division.

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POLICY:

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1. If the services of an official court reporter are not available for a proceeding,

a party may privately arrange for court reporter services at the party’s own

expense, pursuant to Government Code Section 68086 and California

Rule of Court, rule 2.956.

2. A party must make arrangements for a Privately Retained Court

Reporter in advance of the proceeding if the party wishes the

proceedings to be reported. Parties retaining a reporter must file a

Request for Appointment of Official Reporter Pro Tempore (CV-

5100)

with the court at least 5 days prior to the hearing, unless the Court orders

otherwise.

If the judicial officer has not received the Request in time to

approve it before the hearing, the Court has discretion to deny the request.

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A. When a party arranges for a reporter, the reporter must be appointed

as an official reporter pro tempore before the hearing begins. Every

reporter must complete and sign sections 1, 2, and 3 of the Request for

Appointment of Official Reporter Pro Tempore (CV-5100).

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B. The Judicial Officer must sign the order appointing the reporter as an

official reporter pro tempore, using the Request for Appointment of

Official Reporter Pro Tempore (CV-5100), before the reporter may

report the proceeding.

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3. By signing the Request for Appointment of Official Reporter Pro Tempore

(CV-

5100), the reporter agrees to the following:

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A. The reporter has a valid, current California Certified Shorthand Reporter

License and is in good standing with the Court Reporters Board of

California.

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B. The reporter is not a current full-time employee of the court and

appointment as an Official Reporter Pro Tempore will not interfere with

the reporter’s obligations as a court employee.

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C. The reporter will provide current contact information with the court.

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D. All fees for reporting services, including appearance, transcript and

real-time fees, are the responsibility of the party or parties who

arranged for the reporter services and may not be charged to the court.

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E. The reporter will 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.

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F. The reporter will demonstrate the highest standards of ethics and

impartiality in the performance of his/her duties.

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G. The reporter will comply with the court’s requirements regarding

uploading electronic archiving of notes within 48 hours of the date of

the proceedings except in extenuating circumstances and as approved

in advance by the Director of Court Services, or make other

arrangements if the only notes are in paper form.

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H. The reporter will follow directions from the court and will be subject to

the jurisdiction of the court to the same extent as an official reporter.

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I. The reporter will be available for read-back of notes taken during a jury

trial within 30 minutes of the court’s request.

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J. If providing real-time reporting or other litigation support services (e.g.

LiveNote), the reporter is responsible for providing and connecting the

necessary equipment. Instructions will be provided by the Director of

Court Services.

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4. Additional Information for Parties and Reporters

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A. Only One Official Record

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There can be only one official record of court proceedings, and only

a reporter appointed by the court may report a court proceeding.

(Code of Civil Procedure Section 273; Government Code Sections

70043 and 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. The transcript may not be

modified except on court order.

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B. Payment for Official Reporter Pro Tempore Services

The party arranging for an offici

al reporter pro tempore is

responsible for paying the reporter’s fees, although the parties may

arrange to share the fees at terms the parties negotiate. (California

Rules of Court, rule 2.956(c).) All fees must be paid directly to the

court reporter.

C. Transcripts

1) The judicial officer may order any party who arranges for the

tran

scription of proceedings by the official reporter pro tempore

lodge a

copy of the transcript with the court. (Code of Civil

Procedure Se

ction 128(a).)

Transcripts produced by an official reporter pro tempore will be

eated, for court purposes, identically to transcripts pre

pared by

offi

cial reporters. Reporting notes of an official reporter pro tem

pore

are

official records of the court of the court. (Governm

ent Code

ction 69955(a).) The notes of an official reporter pro tempore,

when transcribed and certified, are prima facie evidence of th

stimony and proceedings. (Code of Civil Procedure Se

ction

273(a).)

3) C

ertified transcripts are admissible as evidence to the extent

therwise permitted by law. Transcripts prepared by a priva

tely

retai

ned certified shorthand reporter appointed by the court as

fficial reporter pro tempore are admissible as evidence to

the

tent otherwise permitted by law. (Code of Civil Procedur

ction 273(a)

5. T

he Request for Appointment of Official Reporter Pro Tempore (CV-

5100)

is available as a form attachment to the Local Rules at

www.scscourt.org.

6. This policy shall be posted on the court’s website at www.scscourt.org.