SF 278

  1.1                          A bill for an act 
  1.2             relating to courts; prohibiting certain contracting 
  1.3             arrangements for freelance court reporting services; 
  1.4             regulating certain services; proposing coding for new 
  1.5             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] [LIMITATIONS ON CONTRACT ARRANGEMENTS 
  1.8   AND PRACTICES BY FREELANCE COURT REPORTERS.] 
  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.  Freelance court reporter does not include a court 
  1.17  reporter while working in a courtroom setting as an employee of 
  1.18  the court. 
  1.19     (d) "Legal proceedings" means all proceedings authorized or 
  1.20  sanctioned by law, including court actions, administrative law 
  1.21  proceedings, or similar proceedings, that rely on an official 
  1.22  and impartial record of the proceedings and includes 
  1.23  depositions, alternative dispute resolutions, and other matters 
  1.24  conducted in connection with legal proceedings, but does not 
  1.25  include the official record captured in a courtroom setting. 
  2.1      (e) "Case" means an action, cause, suit, or controversy, at 
  2.2   law or in equity and includes any other proceeding for the 
  2.3   determination of a controversy between parties in which rights 
  2.4   are enforced or protected, or wrongs are prevented or redressed. 
  2.5      (f) "Original and first copy of the transcript" means the 
  2.6   original transcript of a matter reported in a case that is 
  2.7   intended for filing with the court, arbitrator, mediator, or 
  2.8   other entity responsible for making a decision in a case; and 
  2.9   the first copy, which is intended for use by the attorney or 
  2.10  party who requests the services in connection with the matter. 
  2.11     (g) "Entity" means a person who has any ownership interest 
  2.12  in a freelance court reporting firm. 
  2.13     Subd. 2.  [CONTRACTING PROHIBITED.] (a) A contract for 
  2.14  court reporting services between a freelance court reporter, 
  2.15  court reporting firm, or entity and an attorney, law firm, party 
  2.16  to legal proceedings, or party having a financial interest in 
  2.17  legal proceedings that provides for ongoing court reporting 
  2.18  services not limited to a particular case or reporting incident 
  2.19  is prohibited. 
  2.20     (b) This subdivision does not apply to contracts with 
  2.21  government entities. 
  2.22     Subd. 3.  [CHARGES; PAYMENT.] (a) A freelance court 
  2.23  reporter, court reporting firm, or entity may not charge more 
  2.24  than two-thirds of the cost charged for the original and first 
  2.25  copy of the transcript to any other party who orders a copy of 
  2.26  the transcript. 
  2.27     (b) The attorney, law firm, or party to an action who 
  2.28  requests the services of a freelance court reporter is 
  2.29  responsible for paying the cost of the original and first copy 
  2.30  of the transcript for those services, if ordered by any party, 
  2.31  unless otherwise agreed to by the parties or ordered by the 
  2.32  court or presiding officer. 
  2.33     Subd. 4.  [TRANSCRIPT FORMAT.] Transcripts prepared by 
  2.34  court reporters, court reporting firms, or entities must have at 
  2.35  least 25 lines per full page and at least 52 characters per full 
  2.36  line of testimony. 
  3.1      Subd. 5.  [REMEDIES.] (a) Upon the court or presiding 
  3.2   officer's knowledge of a violation of subdivision 2, the court 
  3.3   or presiding officer shall declare that the record for which the 
  3.4   reporting services were provided is void and order that the 
  3.5   legal proceedings related to the particular incident or 
  3.6   incidents in violation be reconducted, utilizing a freelance 
  3.7   court reporter, court reporting firm, or entity which is not in 
  3.8   violation of subdivision 2.  All parties who violate subdivision 
  3.9   2 will be held jointly and severally liable for all costs 
  3.10  associated with reconducting the legal proceedings and preparing 
  3.11  the new record relating to the incident or incidents in 
  3.12  violation of subdivision 2, including, but not limited to, 
  3.13  attorney, witness, and freelance court reporter appearance and 
  3.14  transcript fees. 
  3.15     (b) The remedies and enforcement provisions in section 
  3.16  8.31, apply to this section.