HF 346

  1.1                          A bill for an act 
  1.2             relating to courts; requiring disclosure of certain 
  1.3             contracting arrangements for freelance court reporting 
  1.4             services; regulating certain services; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 486. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [486.10] [FREELANCE COURT REPORTERS; DISCLOSURE 
  1.8   OF FINANCIAL ARRANGEMENTS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.10  subdivision apply to this section. 
  1.11     (b) "Court reporting firm" means a business entity that 
  1.12  provides services of freelance court reporters. 
  1.13     (c) "Freelance court reporter" means an impartial officer 
  1.14  of the court who captures and transcribes verbatim legal 
  1.15  proceedings and who may be required to administer oaths to 
  1.16  witnesses.  
  1.17     Subd. 2.  [DISCLOSURE OF CERTAIN CONTRACTUAL 
  1.18  ARRANGEMENTS.] (a) A freelance court reporter shall disclose to 
  1.19  all parties present at any court hearing, administrative law 
  1.20  proceeding, or similar proceeding in which the court reporter is 
  1.21  taking a record, the existence of any direct or indirect 
  1.22  contracting relationship between the court reporter or the court 
  1.23  reporting firm through which the reporter is providing services, 
  1.24  and any party or attorney to the proceeding.  This paragraph 
  1.25  does not apply to a court reporter working in a courtroom 
  2.1   setting as an employee of the court. 
  2.2      (b) A freelance court reporter shall treat all parties to 
  2.3   an action equally, providing comparable services to all parties. 
  2.4      (c) A freelance court reporter may not act as an advocate 
  2.5   for any party or act partially to any party to an action. 
  2.6      (d) A freelance court reporter shall comply with all state 
  2.7   and federal court rules that govern the activities of court 
  2.8   reporters. 
  2.9      Subd. 3.  [REMEDIES.] Upon the request of a party who did 
  2.10  not receive the disclosure required under subdivision 2, 
  2.11  paragraph (a), the court or presiding officer may declare that 
  2.12  the record for which the reporting services were provided is 
  2.13  void in whole or in part and order that the legal proceeding for 
  2.14  which the disclosure was not provided be reconducted.  Parties 
  2.15  who arranged the court reporter's services for that legal 
  2.16  proceeding are jointly and severally liable for all costs 
  2.17  associated with reconducting the legal proceeding and preparing 
  2.18  a new record, including, but not limited to, attorney and 
  2.19  witness fees, and freelance court reporter appearance and 
  2.20  transcript fees.