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ACT No. 839
Regular Session, 2014
HOUSE BILL NO. 1101
BY REPRESENTATIVE BROADWATER
AN ACT1
To amend and reenact Code of Civil Procedure Art. 1446(A)(1) and R.S.37:2557(B), to2
enact R.S. 37:2555(G) and 2556(D), and to repeal Code of Civil Procedure Art.3
1446(C), relative to certified shorthand reporters; to require the board to provide4
notice of an investigation of a reporter; to provide relative to discovery proceedings;5
to provide for notice for inspection and copying of depositions; to provide for6
certification by court reporting firms; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:2557(B) is hereby amended and reenacted and R.S. 37:2555(G)9
and 2556(D) are hereby enacted to read as follows:10
§2555. Definitions11
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G. A "court reporting firm" is defined as any person, company, corporation,13
organization, partnership, group, limited liability entity, commercial enterprise, or14
other entity doing business in Louisiana that is owned or controlled by a person who15
is not licensed by the board to practice court reporting and that engages others or16
itself engages in any aspect of the practice of court reporting as defined by statute or17
by rule, including such activities as arranging for or engaging the services of a18
licensed court reporter, reporting, recording, taking, producing, transcribing,19
delivering, or invoicing depositions, court proceedings, sworn statement, or other20
similar preservation of testimony, or any other activities as identified in rules21 ENROLLEDHB NO. 1101
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promulgated by the board. A lawyer admitted to practice in Louisiana, or a group1
of lawyers, or a law firm, or the clerical or administrative employees of such are not2
to be considered a court reporting firm as defined herein. A court reporting firm is3
considered a "person" and a "reporter" for the purposes of this Chapter.4
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§2556. Appointment of reporter; certification by court reporting firm6
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D. If a licensed Louisiana court reporter has no actual knowledge of a8
prohibited employment or contractual relationship between a party litigant and a9
court reporting firm, and if the reporter receives certification that the firm has no10
prohibited contractual or employment relationship with a party litigant, the reporter11
may accept employment from the firm and shall not be considered an "employee"12
for purposes of Code of Civil Procedure Article 1434. The board shall establish by13
rule the procedures and representations by which a court reporting firm shall provide14
the necessary certification to court reporters.15
§2557. Suspension of certificate; hearings; procedure16
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B. The Board of Examiners of Certified Shorthand Reporters may upon its18
own motion and shall upon the verified complaint in writing of any person setting19
forth facts which if proved would constitute grounds for refusal to issue or renew,20
or suspension or revocation of any such certificate, investigate the actions of any21
person applying for, holding, or claiming to hold any such certificate, or any person22
practicing court reporting as defined in this Chapter without first having obtained a23
certificate hereunder. At the commencement of any such investigation, notice shall24
be provided to any person subject to the investigation and shall provide the nature25
and subject of the investigation. Neither the board nor its members, individually or26 ENROLLEDHB NO. 1101
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in their official capacities, shall be liable for undertaking such an investigation or for1
subsequent actions when acting in good faith under this Chapter.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: