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Introduced Version House Bill 4294 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4294

 

         (By Delegates Ashley, Westfall, Manchin,

         Hunt, Skinner, Ellem, McCuskey, Shott, Morgan,

         Craig and Lane)

         [Introduced January 24, 2014; referred to the

         Committee on the Judiciary.]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §47-27-1, §47-27-2, §47-27-3 and §47-27-4, all relating to the establishment of standards for court reporters and entities that provide court reporting services; providing certain conduct by court reporters and persons utilizing court reporters; exempting certain reporters and reporting services; authorizing disclosure of certain information on certain practices; and creating civil penalties for violations.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §47-27-1, §47-27-2, §47-27-3 and §47-27-4, all to read as follows:

ARTICLE 27. COURT REPORTER SERVICES.

§47-27-1. Fair trade standards for use of court reporter services.

    (a) The purpose of this article is to ensure the integrity of the use of court reporter services by establishing standards for private court reporters and entities that provide court-reporting services. It is declared the policy of the State of West Virginia that fair and impartial selection and use of court reporting services are an integral part of the equitable administration of justice.

    (b) The provisions described in this section apply to court reporting services performed in this state that are:

    (1) Provided by a court reporter, business, entity or firm, wherever based, in connection with a court or other legal proceeding commenced or maintained in this state;

    (2) Provided by a court reporter, business, entity or firm based in this state in connection with a court or other legal proceeding that is commenced or maintained in a foreign jurisdiction; and

    (3) Provided by a court reporter, business, entity or firm based in this state whether the parties appear in person or by remote means.

    (c) The provisions of this article do not apply to the actions of official court reporters or their substitutes, appointed by judges pursuant to section one, article seven, chapter fifty-one of this code, or reporters of government proceedings not relating to a legal proceeding. A legal proceeding includes, but is not limited to, the following:

    (1) A court proceeding;

    (2) A deposition; and

    (3) An arbitration hearing.

    (d) Court reporters, businesses, entities or firms providing or arranging for court reporting services are subject to the provisions of this section even if the businesses, entities or firms are not subject to registration or other regulatory oversight in the state.

§47-27-2. Prohibited conduct.

    (a) A legal proceeding may not be reported by:

    (1) An individual who engages in a prohibited action as provided in this section:

    (2) A party to the action;

    (3) A relative, employee or attorney of one of the parties;

    (4) Someone with a financial interest in the action or its outcome; or

    (5) A relative, employee or attorney of someone with a financial interest in the action or its outcome.

    (b) Court reporters or businesses, entities or firms that provide or arrange for court reporting services may not:

    (1) Give an economic or other advantage to a party, a party's attorney, representative, agent, insurer or employee without offering it to all parties. This includes failing to offer comparable services, including price or credit terms, to all parties or otherwise requiring the court reporter or entity providing court reporting services to provide financial terms or other services that are not offered at the same time and on the same terms to all other parties in the legal proceeding. Different credit terms can be offered based on payment experience and credit worthiness.

    (2) Base the compensation for the court reporting services on the outcome of the proceeding or otherwise giving the court reporter or court reporting business, entity or firm a financial interest in the action. Court reporters or businesses, entities or firms providing or arranging for court reporting services may not offer or provide court reporting services where payment for those services will be made contingent on the outcome of the action.

    (3) Enter into an agreement for court reporting services that restricts the noticing attorney from using the court reporter or entity providing court reporting services of the attorney's choosing, including a court reporter or business, entity, firm or third-party in interest in litigation providing or arranging for court reporter services on any list of preferred providers of court reporting services that is maintained by a person, business, entity, firm or third-party in interest in litigation that has entered into an oral or written contractual agreement for more than one case, action or proceeding with an attorney, party to an action, insurance company, third-party administrator or other person or entity that has a financial interest in the case, action, or proceeding.

    (4) Allow the format, content or body of the transcript as certified by the court reporter to be manipulated in a manner that increases the cost of the transcript.

§47-27-3. Disclosure and limitations on practices.

    (a)(1) At any time during or following the conclusion of a legal proceeding, an attorney or a party to that proceeding has the right to an itemized statement of all rates and charges for all services that have been or will be provided by the court reporter or business, entity or firm providing or arranging for court reporting services to any party to the litigation.

§47-27-4. Penalties for violations; civil actions; and damages.

    (a) Upon finding a violation or violations of the provisions of sections one, two or three of this article, a court may order a transcript of a legal proceeding to be void and ineligible for admission into a court or for use or submission in any legal or administrative proceeding as a matter of law.

    (b) A court reporter, business, entity or firm that provides or arranges for court reporting services which violate the prohibitions of sections one, two or three of this article is subject to civil penalty in a court of competent jurisdiction as follows:

     Any party to a civil action, a court reporter, attorney or other person who has been subject to a violation of the provisions of sections one, two or three of this article, may recover a civil penalty for any willful violation of this section and the court shall assess a civil penalty of no less than $2,500 for each violation, and if the court finds that the defendant has engaged in a course of repeated and willful violations of this section, it may assess a civil penalty of up to $5,000 for each violation of this section.




    NOTE: The purpose of this bill is to establish standards for court reporters and entities that provide court reporting services.

    This article is new; therefore, it has been completely underscored.

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