SECTIONS 69941-69958 - California Statutes

GOVERNMENT CODE

SECTION 69941-69958

69941. A superior court may appoint as many competent phonographic
reporters, to be known as official reporters of such court, and such
official reporters pro tempore, as are deemed necessary for the
performance of the duties and the exercise of the powers conferred by
law upon the court and its members.

69942. No person shall be appointed to the position of official
reporter of any court unless the person has first obtained a license
to practice as a certified shorthand reporter from the Court
Reporters Board of California.

69944. Until an official reporter of any court or official reporter
pro tempore has fully completed and filed all transcriptions of the
reporter's notes in any case on appeal which the reporter is required
by law to transcribe, the reporter is not competent to act as
official reporter in any court. Violation of subdivision (e) of
Section 8025 of the Business and Professions Code shall also render
an official reporter or official reporter pro tempore incompetent to
act as official reporter in any court.

69946. Before entering upon the duties of his office, the official
reporter of any court or official reporter pro tempore shall take and
subscribe the constitutional oath of office.

69947. Except in counties where a statute provides otherwise, the
official reporter shall receive for his services the fees prescribed
in this article.

69948. (a) The fee for reporting testimony and proceedings in
contested cases is fifty-five dollars ($55) a day, or any fractional
part thereof.
(b) In San Joaquin County, the compensation for superior court
reporters shall be that prescribed by Section 69993.
(c) In Madera County, the board of supervisors may, by ordinance
or resolution, prescribe a higher rate of compensation for superior
court reporters.
(d) In Kings County, the fee for reporting testimony and
proceedings in contested cases is one hundred forty dollars ($140) a
day, or any fractional part thereof.
(e) In Mariposa County, the board of supervisors may, by ordinance
or resolution, prescribe the rate of compensation for superior court
reporters.
(f) In Siskiyou County, the board of supervisors may, by
ordinance, prescribe a higher rate of compensation for superior court
reporters.
(g) In Yuba County, the board of supervisors may, by ordinance or
resolution, prescribe a higher rate of compensation for superior
court reporters.
(h) In Butte County, pro tempore reporters shall receive a fee of
seventy-five dollars ($75) a day, or any fractional part thereof, for
reporting testimony and proceedings in contested cases.
(i) In Sutter County, except as may otherwise be provided in
Sections 70045.11 and 74839, the fee for reporting testimony and
proceedings in contested cases is one hundred ten dollars ($110) per
day, or any fractional part thereof. However, the board of
supervisors may, by ordinance, prescribe a higher rate of
compensation for superior court reporters.
(j) In Napa County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(k) In Tehama County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(l) In Monterey County, the fee for reporting testimony and
proceedings in contested cases in any court is seventy-five dollars
($75) a day or any fractional part thereof.
(m) In Nevada County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(n) In Calaveras County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof. However, the board of supervisors
may, by ordinance, prescribe a higher rate of compensation for
superior court reporters.
(o) In Placer County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(p) In Sierra County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(q) In Trinity County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court
reporters.
(r) In Humboldt County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof.
(s) In Del Norte County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof.
(t) In Alpine County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(u) In Glenn County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(v) In Colusa County, the fee for reporting testimony and
proceedings in contested cases is one hundred twenty-five dollars
($125) per day, or any fractional part thereof.
(w) In Shasta County, the board of supervisors may prescribe a
higher rate of compensation for superior court reporters.
(x) In Solano County, the fee for reporting testimony and
proceedings in contested cases is ninety dollars ($90) per day, or
fifty-five dollars ($55) per half day or fractional part thereof.
However, the board of supervisors may, by ordinance, prescribe a
higher rate of compensation for superior court reporters.
(y) In Inyo County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(z) In Mono County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.

69948.5. Notwithstanding Section 69948, in Modoc County, the board
of supervisors may, by ordinance, prescribe a higher rate of
compensation for superior court reporters.

69949. The fee for reporting each default or uncontested action or
proceeding is ten dollars ($10). If more than four defaults or
uncontested matters are reported in any one day, or two or more
defaults are reported in conjunction with any contested case, the fee
is forty-five dollars ($45) a day, or any fractional part thereof.

69950. (a) The fee for transcription for original ribbon or printed
copy is eighty-five cents ($0.85) for each 100 words, and for each
copy purchased at the same time by the court, party, or other person
purchasing the original, fifteen cents ($0.15) for each 100 words.
(b) The fee for a first copy to any court, party, or other person
who does not simultaneously purchase the original shall be twenty
cents ($0.20) for each 100 words, and for each additional copy,
purchased at the same time, fifteen cents ($0.15) for each 100 words.

69951. For transcription, in civil cases, the reporter may charge
an additional 50 percent for special daily copy service.

69952. (a) The court may specifically direct the making of a
verbatim record and payment therefor shall be from the county
treasury on order of the court in the following cases:
(1) Criminal matters.
(2) Juvenile proceedings.
(3) Proceedings to declare a minor free from custody.
(4) Proceedings under the Lanterman-Petris-Short Act, (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code).
(5) As otherwise provided by law.
(b) Except as otherwise authorized by law, the court shall not
order to be transcribed and paid for out of the county treasury any
matter or material except that reported by the reporter pursuant to
Section 269 of the Code of Civil Procedure. When there is no official
reporter in attendance and a reporter pro tempore is appointed, his
or her reasonable expenses for traveling and detention shall be fixed
and allowed by the court and paid in like manner. When the court
orders a daily transcript, necessitating the services of two
phonographic reporters, the reporting fee for each of the reporters
and the transcript fee shall be proper charges against the county
treasury, and the daily transcript shall be pursuant to Section 269
of the Code of Civil Procedure. When the daily transcript is prepared
by a single reporter, an additional fee for technological services,
as set by the court with the agreement of the reporter, may be
imposed. However, the total of the fee for a single reporter and the
fee for technological services shall be less than the total fee for
two reporters.

69953. In any case where a verbatim record is not made at public
expense pursuant to Section 69952 or other provisions of law, the
cost of making any verbatim record shall be paid by the parties in
equal proportion; and either party at his option may pay the whole.
In either case, all amounts so paid by the party to whom costs are
awarded shall be taxed as costs in the case. The fees for transcripts
and copies ordered by the parties shall be paid by the party
ordering them. Except as provided in Section 69952, no reporter shall
perform any service in a civil action other than transcriptions
until his fee for it has been deposited with the clerk of the court
or with the reporter.

69953.5. Notwithstanding any other provision of law, whenever a
daily transcript is ordered in a civil case requiring the services of
more than one phonographic reporter, the party requesting the daily
transcript, in addition to any other required fee, shall pay a fee
per day, or portion thereof, equal to the per diem rate for pro
tempore reporters established by statute, local rule, or ordinance
for the services of each additional reporter for the first day and
each subsequent day the additional reporters are required. This fee
shall be distributed to the court in which it was collected to offset
the cost of the additional reporter.

69954. (a) Transcripts prepared by a reporter using computer
assistance and delivered on a medium other than paper shall be
compensated at the same rate set for paper transcripts, except the
reporter may also charge an additional fee not to exceed the cost of
the medium or any copies thereof.
(b) The fee for a second copy of a transcript on appeal in
computer-readable format ordered by or on behalf of a requesting
party within 120 days of the filing or delivery of the original
transcript shall be compensated at one-third the rate set forth for a
second copy of a transcript as provided in Section 69950. A reporter
may also charge an additional fee not to exceed the cost of the
medium or any copies thereof.
(c) The fee for a computer-readable transcript shall be paid by
the requesting court, party, or person, unless the computer-readable
transcript is requested by a party in lieu of a paper transcript
required to be delivered to that party by the rules of court. In that
event, the fee shall be chargeable as statute or rule provides for
the paper transcript.
(d) Any court, party, or person who has purchased a transcript
may, without paying a further fee to the reporter, reproduce a copy
or portion thereof as an exhibit pursuant to court order or rule, or
for internal use, but shall not otherwise provide or sell a copy or
copies to any other party or person.

69955. (a) As used in this section, "reporting notes" are the
reporting notes of all court reporters employed to report in the
courts of California, who may be known as official reporters and
official reporters pro tempore. Reporting notes are official records
of the court. Reporting notes shall be kept by the reporter taking
the notes in a place designated by the court, or, upon order of the
court, delivered to the clerk of the court.
(b) The reporting notes may be kept in any form of communication
or representation including paper, electronic, or magnetic media or
other technology capable of reproducing for transcription the
testimony of the proceedings according to standards or guidelines for
the preservation and reproduction of the medium adopted by the
American National Standards Institute or the Association for
Information and Image Management. Reporting notes shall be stored in
an environment free from excessive moisture, temperature variation,
and electromagnetic fields if stored on a medium other than paper.
(c) The reporting notes shall be labeled with the date recorded,
the department number of the court, and the name of the court
reporter. The reporting notes shall be indexed for convenient
retrieval and access. Instructions for access to data stored on a
medium other than paper shall be documented.
(d) If the reporting notes are kept in any form other than paper,
one duplicate backup copy of the notes shall be stored in a manner
and place that reasonably assures its preservation.
(e) Reporting notes produced under subdivision (b) may be
destroyed upon the order of the court after 10 years from the taking
of the notes in criminal proceedings and after five years from the
taking of the notes in all other proceedings, unless the notes report
proceedings in capital felony cases including the preliminary
hearing. No reporting notes in a capital felony case proceeding shall
be destroyed until such time as the Supreme Court on request by the
court clerk authorizes the destruction.
(f) A periodic review of the media on which the reporting notes
are stored shall be conducted to assure that a storage medium is not
obsolete and that current technology is capable of accessing and
reproducing the records for the required retention period.
(g) If the reporting notes of an official reporter or official
reporter pro tempore have not been delivered to the clerk of the
court, the notes shall be delivered by the reporter to the clerk of
the court upon the reporter's retirement, resignation, dismissal,
termination of appointment, or in the case of any other absence for a
period of more than 30 days or longer as designated by the court.
Upon the order of the court, the notes shall be returned to the
reporter upon the reporter's return from such absence. In the event
of the reporter's death, the notes shall be delivered to the clerk of
the court by the reporter's personal representative.
(h) If reporting notes delivered to the clerk of the court are to
be transcribed, the court reporter who took the notes shall be given
the first opportunity to make the transcription, unless the reporter
cannot be located, refuses to transcribe the notes, or is found to be
incompetent to transcribe the notes.
(i) A court reporter shall be reimbursed for the actual cost of
the medium on which the reporting notes are kept, whether on paper,
diskette, or other media in compliance with this section.

69956. The official reporter shall perform the duties required of
him by law. When not actually engaged in the performance of any other
duty imposed on him by this code, he shall render stenographic or
clerical assistance, or both, to the judge or judges of the superior
court as such judge or judges may direct. In addition to the
compensation otherwise provided by law, any reporter required to
render such stenographic or clerical assistance shall receive such
compensation therefor as the superior court may prescribe, not to
exceed the sum of twenty dollars ($20) a day, which shall be payable
by the county in the same manner and from the same funds as other
salary demands against the county.

69957. (a) If an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all the testimony, the objections
made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. A transcript
derived from an electronic recording may be utilized whenever a
transcript of court proceedings is required. The electronic recording
device and appurtenant equipment shall be of a type approved by the
Judicial Council for courtroom use and shall only be purchased for
use as provided by this section. A court shall not expend funds for
or use electronic recording technology or equipment to make an
unofficial record of an action or proceeding, including for purposes
of judicial notetaking, or to make the official record of an action
or proceeding in circumstances not authorized by this section.
(b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
the performance of subordinate judicial officers, as defined in
Section 71601 of the Government Code, hearing officers, and temporary
judges while proceedings are conducted in the courtroom, if notice
is provided to the subordinate judicial officer, hearing officer, or
temporary judge, and to the litigants, that the proceeding may be
recorded for that purpose. An electronic recording made for the
purpose of monitoring that performance shall not be used for any
other purpose and shall not be made publicly available. Any recording
made pursuant to this subdivision shall be destroyed two years after
the date of the proceeding unless a personnel matter is pending
relating to performance of the subordinate judicial officer, hearing
officer, or temporary judge.
(c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.

69958. Each superior court shall report to the Judicial Council on
or before October 1, 2004, and semiannually thereafter, and the
Judicial Council shall report to the Legislature on or before
December 31, 2004, and semiannually thereafter, regarding all
purchases and leases of electronic recording equipment that will be
used to record superior court proceedings, specifying all of the
following:
(a) The Superior Court in which the equipment will be used.
(b) The types of trial court proceedings in which the equipment
will be used.
(c) The cost of purchasing, leasing, or upgrading the equipment.
(d) The type of equipment purchased or leased.